Amend the bill by striking out all of section 1 and inserting the following:
‘Sec. 1. 7 MRSA §2442, sub-§5, as enacted by IB 2015, c. 5, §1, is repealed.
Sec. 2. 7 MRSA §2442, sub-§22, as enacted by IB 2015, c. 5, §1, is amended to read:
Sec. 3. 7 MRSA §2442, sub-§22-A is enacted to read:
Sec. 4. 7 MRSA §2442, sub-§34, as enacted by IB 2015, c. 5, §1, is amended to read:
Sec. 5. 7 MRSA §2443, as enacted by IB 2015, c. 5, §1, is repealed.
Sec. 6. 7 MRSA §2444, sub-§2, as enacted by IB 2015, c. 5, §1, is amended to read:
Amend the bill by striking out all of sections 9 to 11 and inserting the following:
‘Sec. 9. 7 MRSA §2452, sub-§1, as enacted by IB 2015, c. 5, §1, is amended to read:
Sec. 10. 7 MRSA §2452, sub-§5, as enacted by IB 2015, c. 5, §1, is repealed.
Sec. 11. 7 MRSA §2452, sub-§§6 and 7 are enacted to read:
Amend the bill by striking out all of sections 14 and 15 and inserting the following:
‘Sec. 14. 15 MRSA §3103, sub-§1, ¶B, as amended by PL 2011, c. 464, §3, is further amended to read:
B. Offenses involving illegal drugs or drug paraphernalia as follows:
(1) The possession of a useable amount of marijuana, as provided in Title 22, section 2383, subsection 1-A, unless the juvenile is authorized to possess marijuana for medical use pursuant to Title 22, chapter 558-C;
(2) The use or possession of drug paraphernalia as provided in Title 17-A, section 1111-A, subsection 4-B; and
(3) Illegal transportation of drugs by a minor as provided in Title 22, section 2389, subsection 2;
Sec. 15. 22 MRSA §2383, sub-§1-A is enacted to read:
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
This amendment strikes the definition of "cannabis" from the Marijuana Legalization Act. It amends the definition of "marijuana" and adds a definition of "marijuana concentrate." The amendment adds a provision to the Marijuana Legalization Act that prohibits a person from possessing more than 5 grams of marijuana concentrate as part of the 2 1/2 ounces of marijuana that a person may already legally possess under the Act. This amendment strikes a provision in the bill that, prior to February 1, 2018, limited personal marijuana consumption to a private residence. The amendment provides that personal marijuana consumption by a person 21 years of age or older may occur only in a private residence or on private property with permission of the owner. It further provides that consumption may not occur in a motor vehicle or in a private residence that is used as a day care or baby-sitting service during the hours of operation.
For the purpose of adopting major substantive rules relating to the retail framework under the Marijuana Legalization Act, which are required to be submitted within 9 months of the effective date of the Act, the amendment allows the Commissioner of Agriculture, Conservation and Forestry to delegate rule-making authority to the Commissioner of Administrative and Financial Services or the Commissioner of Public Safety if the Commissioner of Agriculture, Conservation and Forestry determines that the expertise and resources of those other departments would be beneficial in the development of the rules.
The amendment also provides that possession of marijuana is a civil violation for a person who is 18, 19 or 20 years of age. The penalty for possession of up to 1 1/4 ounces of marijuana is a fine no less than $350 to no more than $600. The penalty for possession of up to 2 1/2 ounces is a fine of no less than $700 and no more than $1,000. These penalties are the same as those that were in law for any nonjuvenile prior to being repealed by Initiated Bill 2015, chapter 5. Finally, the amendment provides that it is a juvenile crime under the Maine Juvenile Code for a person under 18 years of age to possess marijuana and makes a corresponding technical cross-reference change.
FISCAL NOTE REQUIRED