HP0942, LD 1392, item 1, An Act To Amend the Maine Medical Use of Marijuana Act

An Act To Amend the Maine Medical Use of Marijuana Act

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

Sec. 1. 16 MRSA §806, sub-§1-A is enacted to read:

1-A. Government agency responsible for administering Maine Medical Use of Marijuana Act. The government agency responsible for administering the Maine Medical Use of Marijuana Act if the intelligence and investigative record information is used in the operation and oversight of the Maine Medical Use of Marijuana Act;

Sec. 2. 22 MRSA §2422, sub-§1, as amended by PL 2009, c. 631, §8 and affected by §51, is further amended to read:

1. Cardholder. "Cardholder" means a registered patient person to whom a medical provider-issued medical certification card has been issued, a registered primary caregiver , an employee of a registered primary caregiver or a principal officer, board member or employee of a registered dispensary who has been issued and possesses a valid registry identification card.

Sec. 3. 22 MRSA §2422, sub-§1-C is enacted to read:

1-C. Complainant. "Complainant" means a person that contacts the department through any means for the purpose of reporting violations of this chapter or rules adopted pursuant to this chapter.

Sec. 4. 22 MRSA §2422, sub-§5-C is enacted to read:

5-C. Person. "Person" means an individual, corporation, facility, institution or public or private agency.

Sec. 5. 22 MRSA §2422, sub-§8-A, as amended by PL 2013, c. 396, §1, is further amended to read:

8-A. Primary caregiver. "Primary caregiver" means a person or an individual, employee of that person, individual or an employee of a hospice provider licensed under chapter 1681 or a nursing facility licensed under chapter 405 that provides care for a qualifying patient in accordance with section 2423-A, subsection 2. A person An individual who is a primary caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense. A corporation, facility, institution or public or private agency may not be a primary caregiver.

Sec. 6. 22 MRSA §2422, sub-§12, as amended by PL 2011, c. 407, Pt. B, §12, is repealed.

Sec. 7. 22 MRSA §2422, sub-§13, as amended by PL 2009, c. 631, §18 and affected by §51, is further amended to read:

13. Registry identification card. "Registry identification card" means a document issued by the department medical provider-issued medical certification card, a department-issued caregiver certification card or a department-issued dispensary certification card that identifies a person as a registered qualifying patient, registered primary caregiver , employee of a registered primary caregiver or principal officer, board member or employee of a dispensary. A medical provider-issued medical certification card constitutes a patient registry identification card.

Sec. 8. 22 MRSA §2422, sub-§15, as enacted by IB 2009, c. 1, §5, is amended to read:

15. Visiting qualifying patient. "Visiting qualifying patient" means a patient with a debilitating medical condition who is not a resident of this State and who will be in this State not less than 24 consecutive hours or a patient who has been a resident of this State less than 30 days.

Sec. 9. 22 MRSA §2423-A, sub-§1, ¶E, as amended by PL 2011, c. 407, Pt. B, §16, is further amended to read:

E. Designate one person, an individual or a staff member of a hospice provider or nursing facility as a primary caregiver to assist with the qualifying patient's medical use of marijuana in a standardized written document, developed by the department, signed and dated by the qualifying patient, including a one-year expiration and the signed acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver. A 2nd person individual or staff member of a hospice provider or nursing facility may be designated as a 2nd primary caregiver if the patient is under 18 years of age. The primary caregivers for a patient are determined solely by the patient's preference except that a parent, guardian or person having legal custody shall serve as a primary caregiver for a minor child;

Sec. 10. 22 MRSA §2423-A, sub-§1, ¶F, as amended by PL 2013, c. 396, §2, is further amended to read:

F. Designate one primary caregiver or a registered dispensary to cultivate marijuana for the medical use of the qualifying patient, except that the staff member of a hospice provider or a nursing facility that who is designated as a primary caregiver by a patient and the staff of the provider or facility may not be designated to cultivate marijuana for the patient. The qualifying patient must designate the primary caregiver or registered dispensary to cultivate for the patient in a standardized written document, developed by the department, signed and dated by the qualifying patient, which must include a one-year expiration, the total number of mature plants the primary caregiver is designated to cultivate and the signed acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient or the signed acknowledgment of a person on behalf of the registered dispensary that the registered dispensary may be contacted to confirm the designation of the dispensary to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient;

Sec. 11. 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 the qualifying patient's designated primary caregiver or designated registered dispensary in accordance with subsection 2, paragraph H if nothing of value is provided to the primary caregiver or registered dispensary.

Sec. 12. 22 MRSA §2423-A, sub-§2, ¶A-1 is enacted to read:

A-1. Dispense up to 2 1/2 ounces of prepared marijuana during a 15-day period to a qualifying patient;

Sec. 13. 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 or , a person who needs to gain access to the cultivation facility in order to perform repairs or maintenance or to do construction or a municipal official to further the business of the municipality may access the cultivation facility to provide those professional services while under the direct supervision of the patient.

Sec. 14. 22 MRSA §2423-A, sub-§3, ¶B, as amended by PL 2013, c. 501, §1, 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 and an employee of the primary caregiver, except that an elected official invited by the primary caregiver for the purpose of providing education to the elected official on cultivation by the primary caregiver, 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 or a municipal official to further the business of the municipality may access the cultivation facility to provide those professional services while under the direct supervision of the primary caregiver.

Sec. 15. 22 MRSA §2423-A, sub-§3, ¶C, as enacted by PL 2011, c. 407, Pt. B, §16, is amended to read:

C. A primary caregiver designated to cultivate marijuana for a qualifying patient is required to register with the department , except that the following primary caregivers are not required to register: .

(1) A primary caregiver designated to cultivate for a qualifying patient if that qualifying patient is a member of the household of that primary caregiver;

(2) Two primary caregivers who are qualifying patients, if those primary caregivers are members of the same household and assist one another with cultivation; and

(3) A primary caregiver who cultivates for a qualifying patient if that qualifying patient is a member of the family of that primary caregiver.

Sec. 16. 22 MRSA §2423-A, sub-§4, as enacted by PL 2009, c. 631, §21 and affected by §51, is amended to read:

4. Hospice provider or nursing facility patients. A registered qualifying patient may name of a hospice provider licensed under chapter 1681 or a nursing facility licensed under chapter 405 may designate a staff member of a hospice or nursing facility to serve as a registered primary caregiver. If a hospice provider or nursing facility is named assigns a staff member to act as a primary caregiver, the staff member of the provider or facility shall complete the registration process with the department and obtain a primary caregiver registration card and the staff member of the provider or facility shall obtain a registry identification cards card. To be issued a registry identification card, a staff person member of a hospice provider or nursing facility that who has been named as a primary caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense. The hospice provider or nursing facility and the staff member of the provider or facility may not cultivate marijuana for the patient.

Sec. 17. 22 MRSA §2423-A, sub-§4-A, as enacted by PL 2013, c. 520, §1, is amended to read:

4-A. Use and storage in inpatient hospice facility or nursing facility permitted. A qualifying patient who is a resident of a hospice provider facility licensed under chapter 1681 or nursing facility licensed under chapter 405, while in the hospice provider facility or nursing facility, may use forms of prepared marijuana that are not smoked, including, but not limited to, vaporized marijuana, edible marijuana and tinctures and salves of marijuana. A qualifying patient who uses a form of prepared marijuana pursuant to this subsection may store the prepared marijuana in the qualifying patient's room and is not required to obtain a registry identification card or to designate a staff member of the hospice provider or nursing facility as a primary caregiver under subsection 4. A The staff member of a hospice provider or nursing facility is not required to be named as a primary caregiver by a qualifying patient who uses prepared marijuana pursuant to this subsection. This subsection does not limit the ability of a hospice provider or nursing facility to prohibit or restrict the use or storage of prepared marijuana by a qualifying patient.

Sec. 18. 22 MRSA §2423-D, as amended by PL 2013, c. 516, §9, is repealed and the following enacted in its place:

§ 2423-D. Authorized conduct by a visiting qualifying patient

1. Visiting qualifying patients; medical provider written certifications and identification. A qualifying patient who is visiting the State from another jurisdiction that authorizes the medical use of marijuana pursuant to a law recognized by the department who possesses a valid written certification as described in section 2423-B from the patient's treating medical provider and a valid medical marijuana certification from that other jurisdiction and photographic identification or a driver's license from that jurisdiction may engage in conduct authorized for a qualifying patient under this chapter.

2. Duration of stay. A visiting qualifying patient may only engage in conduct authorized for a qualifying patient under this chapter if that patient is staying in this State for at least 24 hours in a single visit. There is no maximum duration.

3. Protections provided under this chapter. The conduct authorized under this chapter is authorized and protected only in this State.

4. Designation of primary caregiver in this State or dispensary in this State. A visiting qualifying patient must designate a primary caregiver in this State or registered dispensary in this State in order to engage in conduct authorized for a qualifying patient under this chapter. A primary caregiver must include a visiting qualifying patient who has designated the primary caregiver in the maximum of 5 qualifying patients that the primary caregiver may assist.

Sec. 19. 22 MRSA §2424, sub-§3, as amended by PL 2013, c. 394, §1, is further amended to read:

3. Registry identification cards. The department shall adopt rules governing the manner in which it considers applications for and renewals of registry identification cards for registered patients, registered primary caregivers, principal officers, board members and employees of dispensaries and staff of hospice providers and nursing facilities designated as primary caregivers. The department's rules must require the submission of an application, must require replacement of a registry identification card that has been lost, destroyed or stolen or that contains information that is no longer accurate and must establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this chapter and that are consistent with the provisions of section 2425, subsection 12. The department may establish a sliding scale of application and renewal fees based upon a registered patient's family income and status as a veteran of the Armed Forces of the United States. The department may accept donations from private sources in order to reduce the application and renewal fees.

Sec. 20. 22 MRSA §2425, sub-§1, as amended by PL 2013, c. 516, §10, is repealed.

Sec. 21. 22 MRSA §2425, sub-§2, as amended by PL 2013, c. 516, §11, is repealed.

Sec. 22. 22 MRSA §2425, sub-§3, as amended by PL 2013, c. 394, §4, is further amended to read:

3. Department approval or denial. The department shall verify the information contained in an application or renewal submitted pursuant to this section and shall approve or deny an application or renewal within 30 days of receiving it. The department may deny an application or renewal only if the applicant did not provide the information required pursuant to this section or , the department determines that the applicant does not qualify for a registry identification card or that the information provided was falsified or based on a failure of the applicant to comply with this chapter or rules adopted pursuant to this chapter or the applicant has acted in bad faith with respect to the laws and rules governing medical use of marijuana. Rejection of an application or renewal is considered a final agency action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.

Sec. 23. 22 MRSA §2425, sub-§4, as amended by PL 2013, c. 396, §10, is further amended to read:

4. Primary caregiver registry identification card. The Upon review and approval of an application or renewal, the department shall issue a registry identification card to each registered primary caregiver , if any, who is named in a registered patient's approved application pursuant to subsection 1, paragraph E and, if the registered primary caregiver employs an employee pursuant to section 2423-A, subsection 2, paragraph I, to that employee who completes an acceptable application.

Sec. 24. 22 MRSA §2425, sub-§5, as amended by PL 2013, c. 396, §11, is further amended to read:

5. Registry identification card issuance. The department shall issue registry identification cards to registered patients, to registered primary caregivers, to employees of registered caregivers and to staff of hospice providers and nursing facilities , as applicable, designated by registered qualifying patients as primary caregivers within 5 days of approving an application or renewal under this section. Registry identification cards expire one year after the date of issuance except that the date of issuance and expiration date of a registered primary caregiver's registry identification card must be the same as the issuance and expiration dates on the patient's registry identification card. Registry identification cards must contain:

A. The name of the cardholder;

C. The date of issuance and expiration date of the registry identification card;

D. A random identification number that is unique to the cardholder; and

F. A clear designation showing whether the cardholder is allowed under this chapter to cultivate marijuana.

Sec. 25. 22 MRSA §2425, sub-§8, ¶¶A, F, G, H and K, as amended by PL 2013, c. 516, §13, are 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.

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, the registered qualifying patient's medical provider and the primary caregiver of the qualifying patient or registered patient is confidential.

G. Records maintained by the department pursuant to this chapter that identify applicants for a registry identification card, registered qualifying patients, registered primary caregivers and registered qualifying patients' medical providers are confidential and may not be disclosed except as provided in this subsection and as follows:

(1) To department employees who are responsible for carrying out this chapter;

(2) Pursuant to court order or subpoena issued by a court;

(3) With written permission of the registered qualifying patient or the patient's guardian, if the patient is under guardianship, or a parent, if the patient has not attained 18 years of age;

(4) As permitted or required for the disclosure of health care information pursuant to section 1711-C;

(5) To a law enforcement official for verification purposes. The records may not be disclosed further than necessary to achieve the limited goals of a specific investigation; and

(6) To a registered qualifying patient's treating medical provider and to a registered qualifying patient's registered primary caregiver for the purpose of carrying out this chapter.

H. This subsection does not prohibit a medical provider from notifying the department if the medical provider acquires information indicating that a registered patient or qualifying patient is no longer eligible to use marijuana for medical purposes or that a registered patient or qualifying patient falsified information that was the basis of the medical provider's certification of eligibility for use.

K. Except as otherwise provided in this subsection, a person who knowingly violates the confidentiality of information protected under this chapter commits a civil violation for which a fine of up to $1,000 may be imposed. This paragraph does not apply to a medical provider or staff of a hospice provider or nursing facility named as a primary caregiver or any other a person directly associated with a medical provider or a hospice provider or nursing facility that provides services to a registered qualifying patient.

Sec. 26. 22 MRSA §2425, sub-§8, ¶M is enacted to read:

M. The name, address, telephone number and any other identifying information of a complainant is confidential. Notwithstanding this paragraph, a complaint may be filed anonymously.

Sec. 27. 22 MRSA §2425, sub-§9-A, as enacted by PL 2011, c. 407, Pt. B, §28, is repealed.

Sec. 28. 22 MRSA §2425, sub-§10, ¶B, as enacted by IB 2009, c. 1, §5, is amended to read:

B. The number of medical provider-issued medical certification cards issued to qualifying patients in each county and primary caregivers approved the number of department-issued caregiver certification cards issued in each county;

Sec. 29. 22 MRSA §2425, sub-§11, as enacted by PL 2011, c. 383, §4, is amended to read:

11. Valid identification. A registered patient, registered primary caregiver , an employee of a registered primary caregiver or a principal officer, board member or employee of a registered dispensary who has been issued a valid registry identification card pursuant to this section or a qualifying patient who has been issued a medical provider-issued medical certification card must also possess a valid Maine-issued driver's license with a photo or other Maine-issued photo identification in order to establish proof of authorized participation in the medical use of marijuana under this chapter.

Sec. 30. 22 MRSA §2425, sub-§12, ¶H is enacted to read:

H. Fees are nonrefundable except that an unsuccessful applicant for a dispensary certificate of registration must be refunded the application fee, less $1,000.

Sec. 31. 22 MRSA §2425, sub-§13 is enacted to read:

13. Time limits on reapplication after denial or revocation. The following time limits apply to a reapplication after denial or revocation.

A. When a registry identification card for a registered primary caregiver, a registered primary caregiver employee or principal officer, board member or employee of a registered dispensary has been denied or revoked on one occasion, the individual may not reapply for a registry identification card to be a registered primary caregiver, a registered primary caregiver employee or principal officer, board member or employee of a registered dispensary for a period of one year from the effective date of the denial or revocation decision if not appealed or, if appealed, from the effective date of the reviewing court's order.

B. When a registry identification card for a registered primary caregiver, a registered primary caregiver employee or principal officer, board member or employee of a registered dispensary has been denied or revoked on 2 occasions, the individual may not reapply for a registry identification card to be a primary caregiver, a registered primary caregiver employee or principal officer, board member or employee of a registered dispensary for a period of 2 years from the effective date of the denial or revocation decision if the decision is not appealed or, if appealed, from the effective date of the reviewing court's order.

C. When a registry identification card for a registered primary caregiver, a registered primary caregiver employee or principal officer, board member or employee of a registered dispensary has been denied or revoked on 3 occasions, the individual may not receive another registry identification card to be a primary caregiver or principal officer, board member or employee of a dispensary.

Sec. 32. 22 MRSA §2428, sub-§2, ¶B, as amended by PL 2009, c. 631, §42 and affected by §51, is further amended to read:

B. The department shall track the number of registered qualifying patients who designate a dispensary to cultivate marijuana for them and issue to each dispensary a written statement of the number of patients who have designated the dispensary to cultivate marijuana for them. This statement must be updated each time a new registered qualifying patient designates the dispensary or ceases to designate the dispensary. The statement may be transmitted electronically if the department's rules so provide. The department may provide by rule that the updated written statements may not be issued more frequently than once each week.

Sec. 33. 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 or a person who needs to gain access to the cultivation facility in order to perform repairs or maintenance or to do construction or a municipal official to further the business of the municipality 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. 34. 22 MRSA §2429, sub-§4 is enacted to read:

4. Revocation of a caregiver certification card. The effective date of revocation for a caregiver certification card is 10 days after the date of the notice of revocation or 10 days after the date upon which rights of appeal are exhausted, whichever is later.

A. A primary caregiver whose caregiver registration card has been revoked shall notify designated qualifying patients of the revocation.

B. A primary caregiver whose caregiver registration card has been revoked shall, in accordance with this chapter, dispose of all medical marijuana in any form.

Sec. 35. 22 MRSA §2430, sub-§2, ¶¶A and B, as enacted by PL 2009, c. 631, §45 and affected by §51, are amended to read:

A. All money received as a result of applications and reapplications for registration as a qualifying patient, primary caregiver and dispensary;

B. All money received as a result of applications and reapplications for registry identification cards for registered patients, primary caregivers , employees of primary caregivers and dispensaries and board members, officers and employees of dispensaries;

Sec. 36. 22 MRSA §2430-A, as repealed and replaced by PL 2013, c. 516, §16, 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. Fines. Failure to comply with this chapter may result in the imposition of fines.

3. 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 per day and not more than $500 per day 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.

4. 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 per day and not more than $1,000 per day 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 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 per day and not more than $1,000 per day 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.

6. 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 who 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 per day and not more than $5,000 per day 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.

7. 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.

8. 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 7. 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.

9. Burden of proof. The department shall prove by a preponderance of the evidence that the alleged violations of this chapter occurred.

SUMMARY

This bill makes the following changes to the Maine Medical Use of Marijuana Act. It provides that:

1. The Department of Health and Human Services is permitted to obtain intelligence and investigative record information if it is used in the operation and oversight of the Act;

2. The term "person" means an individual, corporation, facility, institution or public or private agency;

3. The term "primary caregiver" means an individual, employee of that individual or an employee of a hospice provider licensed under the Maine Revised Statutes, Title 22, chapter 1681 or a nursing facility licensed under chapter 405 that provides care for a qualifying patient. A corporation, facility, institution or public or private agency may not be a primary caregiver;

4. The definition of "registered patient" is repealed and all references to the concept of registering a patient have been removed from the Act;

5. The definition of "registry identification card" is amended to include a medical provider-issued medical certification card, department-issued caregiver certification card and department-issued dispensary certification card;

6. A qualifying patient may accept excess prepared marijuana from that qualifying patient's registered dispensary in addition to accepting it from that qualifying patient's primary caregiver;

7. A business entity that is a hospice or nursing facility is not allowed to be a primary caregiver, but staff of such an entity may be designated as a primary caregiver if the entity elects to honor a patient's request for this service;

8. A primary caregiver may only dispense 2 1/2 ounces of medical marijuana to each qualifying patient in a 15-day period;

9. A municipal official who is furthering the business of a municipality may enter a cultivation facility;

10. A primary caregiver who is designated to cultivate by only one qualifying patient and is designated by no other qualifying patients is not required to register if the qualifying patient is a member of the same household as the primary caregiver and no additional qualifying patients or primary caregivers are members of that household;

11. Exceptions to the requirement that a primary caregiver designated to cultivate marijuana for a qualifying patient register with the department are removed;

12. A visiting qualifying patient must be in this State not less than 24 consecutive hours;

13. A visiting qualifying patient must designate a primary caregiver in this State or registered dispensary in this State. A visiting qualifying patient receives protections under this Act only while in this State. A visiting qualifying patient is included in the maximum of 5 qualifying patients a primary caregiver may assist;

14. The department may not establish a sliding scale of application and renewal fees based on a registered patient's family income and status as a veteran of the Armed Forces of the United States. The language establishing these provisions is removed;

15. Language regarding registered patients has been removed or changed to reflect the medical provider certification process;

16. Failure of an applicant to comply with the Act or rules adopted pursuant to the Act or a determination by the Department of Health and Human Services that an applicant has acted in bad faith with respect to the laws and rules governing medical use of marijuana is grounds for denial of an application or renewal of a registry identification card;

17. The name of a complainant who reports a violation of the Act is confidential;

18. Information to be included in the annual report to the Legislature has been changed to reflect changes in the medical provider certification process and new caregiver certification card terminology;

19. Fees are nonrefundable except that an unsuccessful applicant for a dispensary certificate of registration must be refunded all but $1,000 of the application fee;

20. When a registry identification card is denied or revoked on one occasion the individual may not reapply for one year; when a registry identification card is denied or revoked on 2 occasions the individual may not reapply for 2 years; and when a registry identification card is denied or revoked on 3 occasions the individual may not receive another registry identification card;

21. The effective date for the revocation of a caregiver certification card is 10 days after the notice date or 10 days after the right to appeal is exhausted, whichever is later. The caregiver must notify the caregiver's qualifying patients and dispose of the caregiver's medical marijuana;

22. 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;

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

24. 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;

25. 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

26. The department's burden of proof for a violation of the Act is a preponderance of the evidence.

HP0942 LD 1392	Session - 127th Maine Legislature		LR 550 Item 1
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