Maine Revised Statutes

§2426. Scope

1. Limitations.  This chapter does not permit any person to:
A. Undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice or would otherwise violate any professional standard; [2009, c. 631, §37 (AMD); 2009, c. 631, §51 (AFF).]
B. Except as provided in subsection 1-A, possess marijuana or otherwise engage in the medical use of marijuana:
(1) In a school bus;
(2) On the grounds of any preschool or primary or secondary school; or
(3) In any correctional facility; [2015, c. 369, §2 (AMD).]
C. Smoke marijuana:
(1) On any form of public transportation; or
(2) In any public place; [IB 2009, c. 1, §5 (NEW).]
D. Operate, navigate or be in actual physical control of any motor vehicle, aircraft, motorboat, snowmobile or all-terrain vehicle while under the influence of marijuana; or [2009, c. 631, §38 (AMD); 2009, c. 631, §51 (AFF).]
E. Use or possess marijuana if that person is not a qualifying patient, primary caregiver, registered dispensary or other person authorized to use or possess marijuana under this chapter. [2011, c. 407, Pt. B, §30 (AMD).]
[ 2015, c. 369, §2 (AMD) .]
1-A. School exceptions.   Notwithstanding subsection 1, paragraph B, a primary caregiver designated pursuant to section 2423-A, subsection 1, paragraph E may possess and administer marijuana in a nonsmokeable form in a school bus and on the grounds of the preschool or primary or secondary school in which a minor qualifying patient is enrolled only if:
A. A medical provider has provided the minor qualifying patient with a current written certification for the medical use of marijuana under this chapter; and [2015, c. 369, §3 (NEW).]
B. Possession of marijuana in a nonsmokeable form is for the purpose of administering marijuana in a nonsmokeable form to the minor qualifying patient. [2015, c. 369, §3 (NEW).]
[ 2015, c. 369, §3 (NEW) .]
2. Construction.  This chapter may not be construed to require:
A. A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana; or [IB 2009, c. 1, §5 (NEW).]
B. An employer to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana. [IB 2009, c. 1, §5 (NEW).]
[ IB 2009, c. 1, §5 (NEW) .]
3. Penalty for fraudulent representation. 
[ 2009, c. 631, §51 (AFF); 2009, c. 631, §39 (RP) .]
3-A. Penalty for fraud.   Fraudulent misrepresentation regarding lawful possession or medical use of marijuana and fraudulent procurement under this chapter are governed by this subsection.
A. A person who misrepresents to a law enforcement official any fact or circumstance relating to the possession or medical use of marijuana under this chapter to avoid arrest or prosecution commits a civil violation for which a fine of $200 must be adjudged. [2011, c. 407, Pt. B, §31 (NEW).]
B. A qualifying patient who obtains marijuana from more than one source with the result that the person receives more than 2 1/2 ounces of prepared marijuana in a 15-day period commits a civil violation for which a fine of $200 must be adjudged. [2011, c. 407, Pt. B, §31 (NEW).]
[ 2011, c. 407, Pt. B, §31 (NEW) .]
SECTION HISTORY
IB 2009, c. 1, §5 (NEW). 2009, c. 631, §§37-39 (AMD). 2009, c. 631, §51 (AFF). 2011, c. 407, Pt. B, §§30, 31 (AMD). 2015, c. 369, §§2, 3 (AMD).