HP1060, LD 1539, item 9, Document Text

Amend the amendment by striking out all of sections 1 to 3.

Amend the amendment in section 6 in the first line (page 3, line 3 in amendment) by striking out the following: "2015, c. 475, §§1 to 5" and inserting the following: '2017, c. 409, Pt. E, §2'

Amend the amendment in section 6 by striking out all of subsections 1-C to 2 (page 3, lines 22 to 38 and page 4, lines 1 to 7 in amendment) and inserting the following:

‘ 1-C. Commissioner. "Commissioner" means the Commissioner of Administrative and Financial Services.

1-D. Assistant. "Assistant" means a person paid to perform a service for a caregiver, dispensary, manufacturing facility or marijuana testing facility in accordance with this chapter, whether as an employee or independent contractor.

1-E. Child-resistant. "Child-resistant" means, with respect to packaging or a container:

A. Specially designed or constructed to be significantly difficult for a typical child under 5 years of age to open and not to be significantly difficult for a typical adult to open and reseal; and

B. With respect to any product intended for more than a single use or that contains multiple servings, resealable.

2. Debilitating medical condition. "Debilitating medical condition" means:

A. Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, agitation of Alzheimer’s disease, nail-patella syndrome or the treatment of these conditions;

B. A chronic or debilitating disease or medical condition or its treatment that produces intractable pain, which is pain that has not responded to ordinary medical or surgical measures for more than 6 months;

C. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe nausea; or seizures, including but not limited to those characteristic of epilepsy;

D. Any other medical condition or its treatment as provided for in section 2424, subsection 2; or

E. Post-traumatic stress disorder, inflammatory bowel disease, dyskinetic and spastic movement disorders and other diseases causing severe and persistent muscle spasms.

2-A. Department. "Department" means the Department of Administrative and Financial Services.’

Amend the amendment in section 6 in §2422 in subsection 4-C in the last line (page 4, line 41 in amendment) by striking out the following: " or a physician assistant" and inserting the following: ' , a physician assistant or a naturopathic doctor'

Amend the amendment in section 6 in §2422 by inserting after subsection 5-C the following:

‘ 5-D. Naturopathic doctor. "Naturopathic doctor" means a person licensed as a naturopathic doctor under Title 32, chapter 113-B.’

Amend the amendment by inserting after section 6 the following:

‘Sec. 7. 22 MRSA §2422-A, as enacted by PL 2017, c. 409, Pt. E, §3, is repealed.

Amend the amendment in section 8 in the first line (page 17, line 31 in amendment) by striking out the following: "2015, c. 475, §15" and inserting the following: '2017, c. 409, Pt. E, §4'

Amend the amendment in section 8 in §2423-B by striking out all of subsection 2 (page 18, lines 1 to 20 in amendment) and inserting the following:

‘ 2. Minor qualifying patient. Prior to providing written certification for the medical use of marijuana by a minor qualifying patient under this section, a medical provider, referred to in this subsection as "the treating medical provider," shall inform the minor qualifying patient and the parent or legal guardian of the patient of the risks and benefits of the medical use of marijuana and that the patient may benefit from the medical use of marijuana. Except with regard to a minor qualifying patient who is eligible for hospice care, prior to providing a written certification under this section, the treating medical provider shall consult with a qualified physician, referred to in this paragraph as "the consulting physician," from a list of physicians who may be willing to act as consulting physicians maintained by the department that is compiled by the department after consultation with the Department of Health and Human Services and statewide associations representing licensed medical professionals. The consultation between the treating medical provider and the consulting physician may consist of examination of the patient or review of the patient's medical file. The consulting physician shall provide an advisory opinion to the treating medical provider and the parent or legal guardian of the minor qualifying patient concerning whether the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition. If the department or the consulting physician does not respond to a request by the treating medical provider within 10 days of receipt of the request, the treating medical provider may provide written certification for treatment without consultation with a physician.’

Amend the amendment in section 12 in §2423-F by striking out all of subsection 13 (page 25, lines 19 to 32 in amendment) and inserting the following:

‘ 13. Colocation of facilities. A manufacturing facility that is also licensed as a retail marijuana products manufacturing facility under Title 28-B, chapter 1 may manufacture marijuana products and marijuana concentrate within the same facility in which the licensee also manufactures marijuana products or marijuana concentrate for medical use pursuant to this chapter. The following items or areas within the shared facility may be shared for both manufacturing pursuant to this chapter and pursuant to Title 28-B, chapter 1:

A. Manufacturing-related and nonmanufacturing-related equipment, except that manufacturing-related equipment may not be simultaneously used for manufacturing pursuant to this chapter and pursuant to Title 28-B, chapter 1;

B. Manufacturing-related and nonmanufacturing-related supplies or products not containing harvested marijuana and the storage areas for those supplies or products; and

C. General office space, bathrooms, entryways and walkways.’

Amend the amendment in section 13 in the first line (page 25, line 33 in amendment) by striking out the following: "2013, c. 394, §1" and inserting the following: '2017, c. 409, Pt. E, §§5 and 6'

Amend the amendment in section 13 in §2424 by striking out all of subsections 1 and 2 (page 25, lines 36 to 40 and page 26, lines 1 to 7 in amendment) and inserting the following:

1-A. Rulemaking. The department may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

2. Adding debilitating medical conditions. The department in accordance with section 2422, subsection 2, paragraph D shall adopt rules regarding the consideration of petitions from the public to add medical conditions or treatments to the list of debilitating medical conditions set forth in section 2422, subsection 2. In considering those petitions, the department shall consult with the Department of Health and Human Services, Maine Center for Disease Control and Prevention and provide an opportunity for public hearing of, and an opportunity to comment on those petitions. After the hearing, the commissioner shall approve or deny a petition within 180 days of its submission. The approval or denial of such a petition constitutes final agency action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.

Amend the amendment in section 14 in the first line (page 26, line 33 in amendment) by striking out the following: "corrected by RR 2017, c. 1, §13" and inserting the following: 'amended by PL 2017, c. 409, Pt. E, §§7 and 8'

Amend the amendment in section 15 in §2425-A in subsection 10 in paragraph G in the last line (page 30, line 29 in amendment) by striking out the following: " 7, chapter 417" and inserting the following: ' 28-B, chapter 1'

Amend the amendment in section 19 in the first line (page 34, line 26 in amendment) by striking out the following: "2015, c. 475, §§22 to 24" and inserting the following: '2017, c. 409, Pt. E, §9'

Amend the amendment in section 19 in §2428 by striking out all of subsection 11 (page 41, lines 27 to 33 in amendment) and inserting the following:

‘ 11. Limitation on number of dispensaries. The department shall adopt rules limiting the number and location of registered dispensaries. During the first year of operation of dispensaries the department may not issue more than one registration certificate for a dispensary in each of the 8 public health districts of the Department of Health and Human Services, as defined in section 411. After review of the first full year of operation of dispensaries and periodically thereafter, the department may amend the rules on the number and location of dispensaries; however, the number of dispensaries may not be less than 8.’

Amend the amendment in section 27 in the first line (page 46, line 16 in amendment) by striking out the following: "2430-G" and inserting the following: '2430-H'

Amend the amendment by striking out all of section 28 and inserting the following:

‘Sec. 28. 28-B MRSA §102, sub-§46, as enacted by PL 2017, c. 409, Pt. A, §6, is amended to read:

46. Registered dispensary. "Registered dispensary" means a nonprofit dispensary that is registered pursuant to has the same meaning as in Title 22, section 2428 2422, subsection 6.

Sec. 29. 36 MRSA §191, sub-§3-B, as enacted by PL 2013, c. 595, Pt. J, §2 and affected by §4, is amended to read:

3-B. Additional restrictions for certain information provided by the Department of Health and Human Services. Information provided to the assessor by the Department of Health and Human Services pursuant to section 175 and Title 22, section 2425, subsection 8 2425-A, subsection 12, paragraph L may be used by the bureau only for the administration and enforcement of taxes imposed under this Title. These restrictions are in addition to those imposed by subsection 1.’

Amend the amendment by inserting after section 31 the following:

‘Sec. 32. PL 2017, c. 409, Pt. E, §12 is repealed.

Sec. 33. Maine Revised Statutes, Title 28-B amended; revision clause. Wherever in the Maine Revised Statutes, Title 28-B the words "primary caregiver" appear, or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "caregiver" and wherever the words "registered primary caregiver" appear, or reference is made to that entity or those words, those words are amended to read or mean, as appropriate, "registered caregiver." The Revisor of Statutes shall implement these revisions when updating, publishing or republishing the statutes.’

Amend the amendment in section 32 in the first line (page 54, line 13 in amendment) by striking out the following: "Affairs" and inserting the following: 'Services'

Amend the amendment by inserting after section 35 the following:

‘Sec. 36. Transfer of funds; Medical Use of Marijuana Fund. Notwithstanding any provision of law to the contrary, the State Controller, no later than 5 days after the effective date of this Act, shall transfer the balance of the Medical Use of Marijuana Fund in the Department of Administrative and Financial Services to the Medical Use of Marijuana Fund in the Department of Health and Human Services.

Sec. 37. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Medical Use of Marijuana Fund N280

Initiative: Removes an allocation for 1.2 Public Service Coordinator II positions no longer being moved from the Medical Use of Marijuana Fund within the Department of Health and Human Services to the Medical Use of Marijuana Fund within the Department of Administrative and Financial Services.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19

Personal Services
$0 ($140,751)

inline graphic sline.gif

OTHER SPECIAL REVENUE FUNDS TOTAL $0 ($140,751)

Medical Use of Marijuana Fund N280

Initiative: Removes an allocation for 0.5 Office Assistant II position no longer being moved from the Medical Use of Marijuana Fund within the Department of Health and Human Services to the Medical Use of Marijuana Fund within the Department of Administrative and Financial Services.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19

Personal Services
$0 ($29,636)

inline graphic sline.gif

OTHER SPECIAL REVENUE FUNDS TOTAL $0 ($29,636)

Medical Use of Marijuana Fund N280

Initiative: Removes allocations for one Office Associate II position, one Social Services Manager I position, one Office Specialist I position and 2 Field Investigator positions no longer being moved from the Medical Use of Marijuana Fund within the Department of Health and Human Services to the Medical Use of Marijuana Fund within the Department of Administrative and Financial Services.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19

POSITIONS - LEGISLATIVE COUNT
0.000 (5.000)

Personal Services
$0 ($375,123)

All Other
$0 ($540,421)

inline graphic sline.gif

OTHER SPECIAL REVENUE FUNDS TOTAL $0 ($915,544)

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

DEPARTMENT TOTALS 2017-18 2018-19

OTHER SPECIAL REVENUE FUNDS
$0 ($1,085,931)

inline graphic sline.gif

DEPARTMENT TOTAL - ALL FUNDS $0 ($1,085,931)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF

Maine Center for Disease Control and Prevention 0143

Initiative: Removes an ongoing allocation to restore to the Department of Health and Human Services the 0.5 Office Assistant II position that is no longer being moved with the Medical Use of Marijuana Fund as it is transferred from the Department of Health and Human Services to the Department of Administrative and Financial Services.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19

Personal Services
$0 ($29,636)

inline graphic sline.gif

OTHER SPECIAL REVENUE FUNDS TOTAL $0 ($29,636)

Maternal and Child Health Block Grant Match Z008

Initiative: Removes an ongoing appropriation to restore to the Department of Health and Human Services the 1.2 Public Service Coordinator II positions that are no longer being moved with the Medical Use of Marijuana Fund as it is transferred from the Department of Health and Human Services to the Department of Administrative and Financial Services.

GENERAL FUND 2017-18 2018-19

Personal Services
$0 ($140,751)

inline graphic sline.gif

GENERAL FUND TOTAL $0 ($140,751)

Medical Use of Marijuana Fund Z118

Initiative: Reinstates the allocation for 0.5 Office Assistant II position that is no longer being moved with the Medical Use of Marijuana Fund as it is transferred from the Department of Human Services to the Department of Administrative and Financial Services.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19

Personal Services
$0 $29,636

inline graphic sline.gif

OTHER SPECIAL REVENUE FUNDS TOTAL $0 $29,636

Medical Use of Marijuana Fund Z118

Initiative: Reinstates the allocation for 1.2 Public Service Coordinator II positions that are no longer being moved with the Medical Use of Marijuana Fund as it is transferred from the Department of Health and Human Services to the Department of Administrative and Financial Services.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19

Personal Services
$0 $140,751

inline graphic sline.gif

OTHER SPECIAL REVENUE FUNDS TOTAL $0 $140,751

Medical Use of Marijuana Fund Z118

Initiative: Allocates for one Office Associate II position, one Social Services Manager I position, one Office Specialist I position and 2 Field Investigator positions that are no longer being moved from the Medical Use of Marijuana Fund within the Department of Health and Human Services to the Medical Use of Marijuana Fund within the Department of Administrative and Financial Services.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19

POSITIONS - LEGISLATIVE COUNT
0.000 5.000

Personal Services
$0 $375,123

All Other
$0 $540,421

inline graphic sline.gif

OTHER SPECIAL REVENUE FUNDS TOTAL $0 $915,544

HEALTH AND HUMAN SERVICES, DEPARTMENT OF

DEPARTMENT TOTALS 2017-18 2018-19

GENERAL FUND
$0 ($140,751)

OTHER SPECIAL REVENUE FUNDS
$0 $1,056,295

inline graphic sline.gif

DEPARTMENT TOTAL - ALL FUNDS $0 $915,544

SECTION TOTALS 2017-18 2018-19

GENERAL FUND
$0 ($140,751)

OTHER SPECIAL REVENUE FUNDS
$0 ($29,636)

inline graphic sline.gif

SECTION TOTAL - ALL FUNDS $0 ($170,387)

’

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

summary

This amendment changes the agency responsible for the administration of the Maine Medical Use of Marijuana Act program from the Department of Administrative and Financial Services to the Department of Health and Human Services. This amendment also allows naturopathic doctors to provide written certifications for the medical use of marijuana.

This amendment also corrects cross-references and terms in the Maine Medical Use of Marijuana Act to conform to the Maine Revised Statutes, Title 28-B, Adult Use Marijuana, as enacted in Public Law 2017, chapter 409, including providing for the change in the terms "primary caregiver" and "registered primary caregiver" to "caregiver" and "registered caregiver," respectively.

FISCAL NOTE REQUIRED

(See attached)

HP1060 LD 1539	Session - 128th Maine Legislature H "A" to C "A", Filing Number H-799, Sponsored by Hickman		LR 1833 Item 9
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OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19
Personal Services	$0	($140,751)

OTHER SPECIAL REVENUE FUNDS TOTAL	$0	($140,751)

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS	2017-18	2018-19

OTHER SPECIAL REVENUE FUNDS	$0	($1,085,931)

DEPARTMENT TOTAL - ALL FUNDS	$0	($1,085,931)

GENERAL FUND	2017-18	2018-19
Personal Services	$0	($140,751)

GENERAL FUND TOTAL	$0	($140,751)

SECTION TOTALS	2017-18	2018-19

GENERAL FUND	$0	($140,751)
OTHER SPECIAL REVENUE FUNDS	$0	($29,636)

SECTION TOTAL - ALL FUNDS	$0	($170,387)