Amend the bill by striking out all of section 1 (page 1, lines 2 to 6 in L.D.) and inserting the following:

Amend the bill by striking out all of section 11 (page 3, lines 1 to 6 in L.D.)

Amend the bill in section 12 in paragraph A-1 in the 2nd line (page 3, line 9 in L.D.) by inserting after the following: " patient" the following: ' . A primary caregiver may request a waiver from the department to obtain permission to provide more than 2 1/2 ounces of prepared marijuana during a 15-day period to accommodate a qualifying patient's medical needs. The department shall adopt rules governing the waiver process established under this paragraph'

Amend the bill in section 13 in paragraph A in the 7th line (page 3, line 18 in L.D.) by striking out the following: " further the business of the municipality" and inserting the following: ' enforce municipal code'

Amend the bill in section 14 in paragraph B in the 3rd line from the end (page 3, line 33 in L.D.) by striking out the following: " further the business of the municipality" and inserting the following: ' enforce municipal code'

Amend the bill in section 15 in paragraph C by striking out all of the first 3 lines (page 3, lines 38 to 40 in L.D.) and inserting the following:

Amend the bill in section 19 in subsection 3 in the 3rd line (page 5, line 24 in L.D.) by inserting after the following: "caregivers," the following: ' employees of a registered primary caregiver,'

Amend the bill by striking out all of section 21 (page 5, lines 37 and 38 in L.D.) and inserting the following:

Amend the bill in section 22 in subsection 3 in the 8th line (page 6, line 8 in L.D.) by striking out the following: " acted in bad faith with respect to" and inserting the following: ' violated'

Amend the bill in section 24 in subsection 5 by striking out all of the first paragraph (page 6, lines 22 to 30 in L.D.) and inserting the following:

Amend the bill by striking out all of section 32 (page 9, lines 1 to 10 in L.D.) and inserting the following:

Amend the bill in section 33 in paragraph I in the 4th line from the end (page 9, line 26 in L.D.) by striking out the following: " further the business of the municipality" and inserting the following: ' enforce municipal code'

Amend the bill in section 34 in subsection 4 by striking out all of paragraph B (page 9, lines 36 to 37 in L.D.) and inserting the following:

Amend the bill in section 36 in §2430-A by striking out all of subsections 3 and 4 (page 10, lines 13 to 24 in L.D.) and inserting the following:

Amend the bill in section 36 in §2430-A in subsection 5 in the 4th line (page 10, line 28 in L.D.) by striking out the following: " must" and inserting the following: ' may'

Amend the bill in section 36 in §2430-A in subsection 6 in the 3rd line from the end (page 10, line 36 in L.D.) by striking out the following: " must" and inserting the following: ' may'

Amend the bill in section 36 in §2430-A by striking out all of subsection 9 (page 11, lines 15 and 16 in L.D.) and inserting the following:

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

This amendment, which is the majority report, does the following:

1. It reallocates the provisions of the bill that govern the dissemination of intelligence and investigative record information from the Maine Revised Statutes, Title 16, section 806 to Title 16, section 805;

2. It removes changes to the provision that governs from whom a qualifying patient may accept excess prepared marijuana;

3. It provides that primary caregivers and registered dispensaries may request a waiver from the Department of Health and Human Services to obtain permission to provide more than 2 1/2 ounces of prepared marijuana during a 15-day period to accommodate a qualifying patient's medical needs and directs the department to adopt rules governing the waiver process;

4. It changes the condition for the right of access to a cultivation facility by a municipal official from "to further the business of the municipality" to "to enforce municipal code";

5. It includes an exception to the registration requirement for a primary caregiver designated to cultivate marijuana for a qualifying patient who cultivates for up to 2 qualifying patients if the qualifying patients are members of the family of that primary caregiver and residents of this State;

6. It includes employees of a registered primary caregiver in the list of individuals required to obtain registry identification cards;

7. It changes the standard for denial of an application from a requirement that the applicant acted in bad faith with respect to the laws and rules governing the medical use of marijuana to a requirement that the applicant violated these laws and rules;

8. It eliminates the exception for expiration of registry identification cards;

9. It repeals the requirement that the department track the number of qualifying patients who designate a dispensary to cultivate marijuana for them and report this number to the dispensary;

10. It provides that a person who was a primary caregiver until that person's caregiver registration card for qualifying patients was revoked may continue to cultivate marijuana for that person's personal use if that person is a qualifying patient and not otherwise prohibited under the law; and

11. It makes the imposition of fines discretionary; amends the penalty provisions for registered primary caregivers and dispensaries so that each day of a violation does not constitute a separate offense and so that a Class D crime may not be imposed for repeat violations; eliminates the provision establishing the burden of proof for alleged violations of the Maine Medical Use of Marijuana Act; and directs the Department of Health and Human Services to adopt routine technical rules to carry out the objectives of the compliance provisions.