An Act To Clarify Provisions of the Maine Medical Use of Marijuana Act
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, changes made during the First Regular Session of the 126th Legislature to the laws regarding access to facilities where medical marijuana is cultivated need to be clarified; and
Whereas, it is important to provide this clarification as soon as possible in order to ensure the proper administration of the Maine Medical Use of Marijuana Act; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2423-A, sub-§3, ¶A, as amended by PL 2013, c. 374, §1, is further amended to read:
A. A patient who elects to cultivate marijuana plants must keep the plants in an enclosed, locked facility unless the plants are being transported because the patient is moving or taking the plants to the patient's own property in order to cultivate them. Access to the cultivation facility is limited to the patient, except that government officials acting within the scope of their employment, emergency services personnel or a person who needs to gain access to the cultivation facility in order to perform repairs or maintenance or to do construction may access the cultivation facility to perform those duties or provide those professional services while under the direct supervision of the patient.
Sec. 2. 22 MRSA §2423-A, sub-§3, ¶B, as amended by PL 2013, c. 424, Pt. G, §1 and affected by §2, is further amended to read:
B. A primary caregiver who has been designated by a patient to cultivate marijuana for the patient's medical use must keep all plants in an enclosed, locked facility unless the plants are being transported because the primary caregiver is moving or taking the plants to the primary caregiver's own property in order to cultivate them. The primary caregiver shall use a numerical identification system to enable the primary caregiver to identify marijuana plants cultivated for a patient. Access to the cultivation facility is limited to the primary caregiver, except that government officials acting within the scope of their employment, emergency services personnel or a person who needs to gain access to the cultivation facility in order to perform repairs or maintenance or to do construction may access the cultivation facility to perform those duties or provide those professional services while under the direct supervision of the primary caregiver.
Sec. 3. 22 MRSA §2428, sub-§6, ¶I, as amended by PL 2013, c. 374, §2, is further amended to read:
I. All cultivation of marijuana must take place in an enclosed, locked facility unless the marijuana plants are being transported between the dispensary and a location at which the dispensary cultivates the marijuana plants, as disclosed to the department in subsection 2, paragraph A, subparagraph (3). The dispensary shall use a numerical identification system to enable the dispensary to track marijuana plants from cultivation to sale and to track prepared marijuana obtained pursuant to section 2423-A, subsection 2, paragraph H from acquisition to sale. Access to the cultivation facility is limited to a cardholder who is a principal officer, board member or employee of the dispensary when acting in that cardholder's official capacity, except that government officials acting within the scope of their employment, emergency services personnel or a person who needs to gain access to the cultivation facility in order to perform repairs or maintenance or to do construction may access the cultivation facility to perform those duties or provide those professional services while under the direct supervision of a cardholder who is a principal officer, board member or employee of the dispensary.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill amends the Maine Medical Use of Marijuana Act to specify that access to a marijuana cultivation facility operated by a patient, a primary caregiver or a dispensary is open to government officials acting within the scope of their employment, under the direct supervision of the patient, the primary caregiver or a principal officer, board member or employee of the dispensary. Currently, a dispensary and any additional location at which the dispensary cultivates marijuana for medical use by a patient are subject to reasonable inspection by the Department of Health and Human Services.