An Act Relating to Marijuana Testing Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2422, sub-§§5-C and 14-A are enacted to read:
Sec. 2. 22 MRSA §2423-A, sub-§1, ¶G, as amended by PL 2013, c. 396, §3, is further amended to read:
G. Be in the presence or vicinity of the medical use of marijuana and assist any qualifying patient with using or administering marijuana; and
Sec. 3. 22 MRSA §2423-A, sub-§1, ¶H, as enacted by PL 2013, c. 396, §4, is amended to read:
H. Accept excess prepared marijuana from a primary caregiver in accordance with subsection 2, paragraph H if nothing of value is provided to the primary caregiver . ; and
Sec. 4. 22 MRSA §2423-A, sub-§1, ¶I is enacted to read:
I. Provide samples to a marijuana testing facility for testing and research purposes.
Sec. 5. 22 MRSA §2423-A, sub-§2, ¶J, as amended by PL 2013, c. 588, Pt. D, §3, is further amended to read:
J. Use a pesticide in the cultivation of marijuana if the pesticide is used consistent with federal labeling requirements, is registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section 607 and is used consistent with best management practices for pest management approved by the Commissioner of Agriculture, Conservation and Forestry. A registered primary caregiver may not in the cultivation of marijuana use a pesticide unless the registered primary caregiver or the registered primary caregiver's employee is certified in the application of the pesticide pursuant to section 1471-D and any employee who has direct contact with treated plants has completed safety training pursuant to 40 Code of Federal Regulations, Section 170.130. An employee of the registered primary caregiver who is not certified pursuant to section 1471-D and who is involved in the application of the pesticide or handling of the pesticide or equipment must first complete safety training described in 40 Code of Federal Regulations, Section 170.230; and
Sec. 6. 22 MRSA §2423-A, sub-§2, ¶K, as reallocated by RR 2013, c. 1, §40, is amended to read:
K. For the purpose of disposing of excess prepared marijuana, transfer prepared marijuana to a registered dispensary for reasonable compensation. The transfer of prepared marijuana by a primary caregiver to one or more dispensaries under this paragraph is limited to a registered primary caregiver. A registered primary caregiver may not transfer more than 2 pounds of excess prepared marijuana for reasonable compensation under this paragraph in a calendar year. A primary caregiver who transfers prepared marijuana pursuant to this paragraph does not by virtue of only that transfer qualify as a member of a collective . ;
Sec. 7. 22 MRSA §2423-A, sub-§2, ¶¶L and M are enacted to read:
L. If the primary caregiver is a registered primary caregiver, provide samples to a marijuana testing facility for testing and research purposes; and
M. If the primary caregiver is a registered primary caregiver, own and operate a marijuana testing facility for research and development purposes.
Sec. 8. 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 emergency services personnel , an employee of a marijuana testing facility 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 provide those professional services while under the direct supervision of the patient.
Sec. 9. 22 MRSA §2423-A, sub-§10 is enacted to read:
Sec. 10. 22 MRSA §2423-E, sub-§9 is enacted to read:
Sec. 11. 22 MRSA §2428, sub-§6, ¶I, as amended by PL 2013, c. 501, §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 an elected official invited by a principal officer, board member or employee for the purpose of providing education to the elected official on cultivation by the dispensary, emergency services personnel , an employee of a marijuana testing facility 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 provide professional services while under the direct supervision of a cardholder who is a principal officer, board member or employee of the dispensary.
Sec. 12. 22 MRSA §2428, sub-§6, ¶¶M and N are enacted to read:
M. A dispensary may provide samples to a marijuana testing facility for testing and research purposes.
N. A dispensary may own and operate a marijuana testing facility for research and development purposes.
Sec. 13. 22 MRSA §2428, sub-§12 is enacted to read:
Sec. 14. Rules. By December 31, 2015, the Department of Health and Human Services shall adopt rules pursuant to the Maine Revised Statutes, Title 22, section 2423-A, subsection 10, paragraph D.
summary
This bill allows for the operation of marijuana testing facilities. These facilities may possess marijuana regulated under the Maine Medical Use of Marijuana Act. Dispensaries and registered primary caregivers may own and operate marijuana testing facilities for research and development purposes. If a label for medical marijuana refers to potency or cannabinoid profile, the label must be verified by a marijuana testing facility.