To the Legislature of the State

MCFMM PROPOSED 2008 CITIZENS INITIATIVE FOR MEDICAL MARIJUANA.

IF YOU WOULD LIKE TO HELP COLLECT SIGNATURES EITHER ON A VOLUNTEER BASIS OR A PAID PETITIONER PLEASE CONTACT US AT OUR E-MAIL MAINEVOCALS@MSN.COM OR CONTACT MAINE CITIZEN'S FOR MEDICAL MARIJUANA AT 207- 696-4444 AND LEAVE YOUR NAME AND TEL. NUMBER. WWW.MCFMM.COM (site under construction)

ANNOUNCEMENT
_______________________________________________________________________________________________

To the Legislature of the State of Maine:

In accordance with Section 18 of article IV, Part Third of the Constitution of The State of
Maine, the electors of the State of Maine, Qualified to vote for Governor, residing in said State,
whose names have been certified on this petition, hereby respectfully propose to the legislature for
its consideration the following entitled legislation: “An Act Concerning the Possession and Cultivation"

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

Sec. 1. 22 MRSA s2383-B 3, B 4, and B 5 is Repealed:

Sec. 1. 22 MRSA s2383-M. 420 is Enacted to read:

s2383-D Possession and cultivation of marijuana by patient or
designated marijuana provider.

1.Definitions. As used in this section unless the content otherwise indicates the following
terms have the following meanings.

A. “Designated marijuana provider” means a person who is designated by a patient to assume
the responsibility for growing or providing marijuana for that patient. A designated marijuana provider must be 19 years of age or older, and the appointment must be notarized. No other restrictions on who may be appointed by the patient as a provider of their marijuana. No mandatory Identification Card System.

B. “Marijuana” means the flower tops or buds of the female plant genus cannabis. “Processed Marijuana” does not include the stalks, stems, leaf, and seeds of the cannabis plant, which may not be used when determining the weight of marijuana a patient or designated marijuana provider possesses. (Excludes all Male marijuana plants)

C. “Patient” means a person who has the written or oral recommendation of a physician for
the use of marijuana or who has been diagnosed with an illness for which marijuana may provide relief. Patient includes a person who has formerly been diagnosed with cancer and is now in remission.

2. Patient or designated marijuana provider may cultivate and possess marijuana.
Notwithstanding any other provision of law, a patient or a designated marijuana provider may cultivate and possess marijuana for the personal medical purposes of the patient.

A. No mandatory Identification Card System. There shall be no mandatory I D Card system but if the state wants to set up an Non Mandatory System in the future if it deems necessary, it may do so. Cards will in that case take the place of the Patients notarized form and Providers notarized paperwork or form.

3. Patient or designated marijuana provider immune from arrest and prosecution. A patient or designated marijuana provider is immune from arrest and prosecution for cultivating or possessing marijuana if that patient or provider acts in accordance with this section. A designated marijuana provider may provide for any number of patients provided they are appointed by each patient in writing and the paperwork is notarized. State shall provide a form for this appointment, but patients can provide their own.

4. Patient is not required to have a prescription or recommendation from physician.
A patient is not required to have a recommendation or prescription from a physician for marijuana, but when a physician recommends or prescribes marijuana to a patient or is notified of a patient’s use of marijuana as a medication, that physician shall keep accurate record or history of that patient’s ongoing therapy.
Known list of uses for medical marijuana are but not limited to Glaucoma, Cancer, HIV-AIDS, Nausea, Multiple Sclerosis, Crohn's Disease, Ulcerative Colitis, Alzheimer's, Epilepsy, Hepatitis C, Chronic Pain, Arthritis, Anorexia, Depression, Huntington's Disease, Herpes, Inflammation, Migraines, Menopause, PMS, Rheumatism, Tourette's Syndrome, Stress, and many more which shall be listed when recommended from research to be done by the state and concluded within 120 days from passage of the initiative.
5. Limits on patient and designated marijuana provider. A patient or designated marijuana provider may have per patient no more than 12 female marijuana plants and no more than a one- year supply of usable marijuana, which is 3 pounds of processed marijuana.

6. Designated marijuana providers may work together. Designated marijuana providers may work together to provide for their patients.

7. Legislature to designate marijuana Dispensaries. The Legislature shall designate at least one Dispensaries per county and one in each municipality that has over 25,000 residents. These Dispensaries must be run by patients and designated marijuana providers, must be sanctioned by the State and must be non profit. Authority over marijuana Dispensaries rest with the Department of Agriculture, Food and Rural Resources. Plans for the Dispensaries must be implemented within 60 days of the effective date of this subsection and operational with in 120 days of the effective date of this subsection.

7. a. Legislature Shall instruct State, County, and Municipal Agencies Duties. All State, County, and Municipal agencies shall cooperate with, and comply with Maine laws in regards to medical marijuana regardless of Federal policies. Any Law Enforcement official, District Attorney, Attorney General or Assistant who acts in violation of this section is subject to disciplinary action and if the violation is repeated, further disciplinary action and possible permanent suspension of the repeated violator.

8. Inclusion of marijuana in list of medicines. Marijuana must be considered and included in the list of medicines for all legal purposes and purchases, including but not limited to, State Medical Programs, Insurance Co. and others responsible for providing medicines or payments for medicines. “This clause exempts employees that test positive for marijuana from being discriminated against for being hired for employment or while employed, and employees cannot be fired or let go for use of marijuana for legal medical purposes, nor denied insurance by employers insurance company, or for any other non employer related insurance coverage in Maine for use of marijuana for legal medical purposes.”

9. Physician may recommend. Notwithstanding any other provision of law, a physician may not be punished or denied any rights or privileges for having recommended marijuana for medical purposes to a patient. The State shall establish a method for licensing doctors if the Federal Government starts revoking licenses of doctors for noncompliance with the federal laws concerning marijuana. Until the method of licensing doctors is in place, any doctor whose license is revoked by the Federal Government for noncompliance with federal laws concerning marijuana, must still be recognized in this State as a doctor with full privileges.

10. Medical marijuana education campaign. The State shall implement a vigorous educational campaign to educate or re-educate the public regarding the many medical uses of marijuana. Previously published pharmacopia's and modern scientific studies and research must be used. A list of Uses for medical marijuana shall be included in such literature but not limited to the list as new uses are identified. The state shall print pamphlets and brochures and make them available to the public within a 120 days of effective date of this subsection and shall be updated periodically for up to date information.

11. Medical Patient Form. A patient Shall have a medical marijuana form available for the authorities which List: Their doctors name, doctors tel. number, doctors recommendation for medical use of marijuana and/or Patients diagnosis for use of medical marijuana, Caregiver if applicable, dispensary if applicable, or growing their own supply or any other applicable information the Dept. deems necessary in the future. Until such form is available through the state, a printed or hand written document with the information is sufficient. All forms must be notarized to be legal.

This section legalizes marijuana for medical purposes and is not an affirmative defense. Authorities must be held accountable and liable for violations of patients rights and noncompliance with this section.

This section may not be construed to condone the diversion of marijuana for non-medical purposes.

SUMMARY (State will revise the Summary)