HP0798
LD 1135		 Session - 128th Maine Legislature
 
 LR 1506
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Strengthen the Efficacy of the Medical Marijuana Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §2422, sub-§1-A,  as enacted by PL 2011, c. 407, Pt. B, §1, is amended to read:

1-A. Collective.   "Collective" means an association, cooperative, affiliation or group of primary caregivers who physically assist , physically or by electronic or any other means, each other in the act of cultivation, processing , marketing or distribution of marijuana for medical use for the benefit of the members of the collective. There is a rebuttable presumption that a collective is created if 6 or more primary registered caregivers are located on the same parcel of land.

Sec. 2. 22 MRSA §2423-A, sub-§2, ¶C,  as amended by PL 2013, c. 516, §6, is further amended to read:

C. Assist a maximum of 5 patients who have designated the primary caregiver for a period of one calendar month or more to cultivate marijuana for their medical use;

Sec. 3. 22 MRSA §2423-A, sub-§9,  as reallocated by RR 2011, c. 1, §31, is amended to read:

9. Collectives prohibited.   Collectives are prohibited under this chapter. A person may not form or participate in a collective. A person who violates this subsection loses that person's primary caregiver registration for no less than 2 years and commits a Class D crime for which a fine of not less than $2,000 may be imposed, none of which may be suspended.

Sec. 4. 22 MRSA §2423-A, sub-§13  is enacted to read:

13.  Local regulation.   This chapter does not prohibit a political subdivision of this State from limiting the number of registered primary caregivers that may operate in the political subdivision or from enacting reasonable regulations applicable to primary caregivers.

Sec. 5. 22 MRSA §2425, sub-§8, ¶A,  as amended by PL 2013, c. 516, §13, is further amended to read:

A. Applications and supporting information submitted by qualifying patients and registered patients under this chapter , including information regarding their primary caregivers and medical providers, are confidential.

Sec. 6. 22 MRSA §2425, sub-§8, ¶B,  as amended by PL 2013, c. 516, §13, is further amended to read:

B. Applications and supporting information submitted by primary caregivers and medical providers operating in compliance with this chapter are confidential.

Sec. 7. 22 MRSA §2425, sub-§8, ¶B-1  is enacted to read:

B-1.  Upon request of a law enforcement official, a town code enforcement officer, a town planning board or any other local, state or law enforcement authority, a primary caregiver shall disclose any of the information contained in applications and supporting information submitted to the department with the exception of information that identifies a qualifying patient, a registered patient and the registered patient's medical provider. Information that identifies a qualifying patient, a registered patient and the registered patient's medical provider is confidential.

Sec. 8. 22 MRSA §2425, sub-§8, ¶F,  as amended by PL 2013, c. 516, §13, is further amended to read:

F. Applications, supporting information and other information regarding a registered dispensary are not confidential except that information that is contained within dispensary information that identifies a qualifying patient, a registered patient , and the registered patient's medical provider and the primary caregiver of the qualifying patient or registered patient is confidential.

Sec. 9. 22 MRSA §2430-A,  as amended by PL 2015, c. 475, §26, is repealed and the following enacted in its place:

§ 2430-A.  Compliance

1.  Compliance; testing.   The department may take action necessary to ensure compliance with this chapter, including, but not limited to, obtaining, possessing and performing laboratory testing on marijuana from registered primary caregivers and registered dispensaries in accordance with this chapter.
2.  Registered primary caregiver penalties.   A registered primary caregiver who fails to comply with the provisions of this chapter commits a civil violation for which a fine of not less than $200 and not more than $500 must be adjudged. Each day of violation constitutes a separate offense. A person who at the time of the violation of the provisions of this chapter has been previously found to have violated this chapter commits a Class D crime.
3.  Registered dispensary penalties.   A registered dispensary that fails to comply with the provisions of this chapter commits a civil violation for which a fine of not less than $500 and not more than $1,000 must be adjudged. Each day of violation constitutes a separate offense. A registered dispensary that at the time of the violation of the provisions of this chapter has been previously found to have violated this chapter commits a Class D crime.
4.  Penalties for failure to register as primary caregiver.   A person who fails to register as a primary caregiver and who engages in conduct that is only authorized for a registered primary caregiver in accordance with this chapter commits a civil violation for which a fine of not less than $500 and not more than $1,000 must be adjudged. Each day of violation constitutes a separate offense. A person who at the time of the violation of the provisions of this chapter has been previously found to have violated this chapter commits a Class D crime.
5.  Penalties for failure to register as a dispensary.   A person, firm, partnership, association, corporation or other entity that fails to register as a dispensary and that engages in conduct that is only authorized for a registered dispensary in accordance with this chapter commits a civil violation for which a fine of not less than $1,000 and not more than $5,000 must be adjudged. Each day of violation constitutes a separate offense. A person, firm, partnership, association, corporation or other entity that at the time of the violation of the provisions of this chapter has been previously found to have violated this chapter commits a Class D crime.
6.  Injunctive relief.   Notwithstanding any other remedies provided by law, the Office of the Attorney General may seek an injunction to require a registered primary caregiver, a registered dispensary, a person who fails to register as a primary caregiver and who engages in conduct that is only authorized for a registered primary caregiver or a person or entity that fails to register as a dispensary and that engages in conduct that is only authorized for a registered dispensary to comply with the provisions of this chapter. When an injunction has been issued in accordance with this chapter, the District Court may order the registered primary caregiver, the registered dispensary or the person or entity subject to the injunction to pay to the General Fund the costs of the investigation incurred by the Office of the Attorney General and the costs of suit, including attorney's fees.
7.  Violation of injunction.   The Office of the Attorney General may seek court action against a registered primary caregiver, a registered dispensary or a person or entity for violation of the terms of an injunction issued under subsection 6. The District Court may make the necessary orders or judgments regarding violation of the terms of the injunction, including but not limited to imposition of a fine of not less than $500 nor more than $1,000 for each violation. Each day of violation constitutes a separate offense.
8.  Burden of proof.   The department must prove by a preponderance of the evidence that the alleged violations of this chapter occurred.

Sec. 10. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Medical Use of Marijuana Fund Z118

Initiative: Provides funding for one Office Associate II position to handle additional clerical duties expected with a change in the limit on the number of patients a primary caregiver can serve.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19
POSITIONS - LEGISLATIVE COUNT
 1.000 1.000
Personal Services
 $44,869 $61,854
All Other
 $4,709 $6,278
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $49,578 $68,132

SUMMARY

This bill makes the following changes to the Maine Medical Use of Marijuana Act:

1. The limit on the number of qualifying patients a primary caregiver may assist is clarified to be for a period of one calendar month or more;

2. The definition of a collective is strengthened;

3. The penalties for participation in a collective are enhanced;

4. A level of local control is provided by allowing a municipality to limit the number of primary caregivers that may operate within that municipality and allowing for enactment of reasonable municipal regulations applicable to primary caregivers;

5. The confidentiality provisions of primary caregivers are removed;

6. A primary caregiver and a registered dispensary are subject to fines for violations of the provisions of the Act or for failing to register as a primary caregiver or dispensary;

7. Fines prescribed for violations of the Act are mandatory;

8. The Office of the Attorney General may seek an injunction to require a registered primary caregiver, a registered dispensary, a person who fails to register as a primary caregiver and who engages in conduct that is only authorized for a registered primary caregiver or a person or entity that fails to register as a dispensary and that engages in conduct that is only authorized for a registered dispensary to comply with the Act. The District Court may order the registered primary caregiver, the registered dispensary or the person or entity to pay the costs of the investigation and the costs of suit, including attorney's fees;

9. The Office of the Attorney General may seek court action against a registered primary caregiver, a registered dispensary or a person or entity for violation of an injunction, including but not limited to imposition of a fine; and

10. The Department of Health and Human Services' burden of proof for a violation of the Act is a preponderance of the evidence.

The bill also includes an appropriations and allocations section.

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