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 Regarding Possession and Cultivation
of Marijuana for Medical Purposes”.
Be
it enacted by the People of the State of Maine as follows:
Sec. 1.
22 MRSA §2383-B, sub-§3,
as amended by PL 2001, c. 580, §§1 and 2,
is further amended to read:
3.
Definitions.
As used in this section, unless the context otherwise indicates, the following
terms have the following meanings.
A.
"Controlled substances" has
the same meaning as defined in 21 United States Code, Section 812 (1970) and
21 Code of Federal Regulations, Chapter II, Part 1308.
A-1.
"Designated care giver" means a person over 18 years of age
who:
(1) Is a family member or other person who has
consistently assumed responsibility for the housing, health or safety of a
person authorized to possess marijuana for medical use pursuant to subsection
5, paragraph A or B or who is a member of the same household as a person
authorized to possess marijuana for medical use pursuant to subsection 5,
paragraph A or B; and
(2) Is named in a written individual instruction or
power of attorney for health care as defined in Title 18-A, section 5-801 by,
or is the parent or legal guardian of, a person authorized to possess
marijuana for medical use pursuant to subsection 5.
A-2.
"Eligible patient" means a person authorized to possess
marijuana for medical use pursuant to subsection 5.
A-3. “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
designation must be notarized. No other restrictions may be placed on who may
be designated by a patient as a provider of that patient's marijuana.
B.
"Law enforcement officer"
has the same meaning as defined in Title 17-A, section 2, subsection 17.
B-1.
"Physician" means a person
licensed as an osteopathic physician by the Board of Osteopathic Licensure
pursuant to Title 32, chapter 36 or a person licensed as a physician or
surgeon by the Board of Licensure in Medicine pursuant to Title 32, chapter
48.
B-2. “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. "Marijuana" does not
include male marijuana plants.
B-3. “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 a condition for which
marijuana may provide relief. "Patient" includes a person who has been
diagnosed with cancer and is now in remission.
C.
"Prescription drugs" has the
same meaning as defined in Title 32, section 13702, subsection 24 and includes
so-called legend drugs.
D.
"Scheduled drug" has the
same meaning as defined in Title 17-A, chapter 45.
E.
"Usable amount of marijuana for medical use" means 2 1/2
ounces or less of harvested marijuana and a total of 6 plants, of which no
more than 3 may be mature, flowering plants.
Sec. 2.
22 MRSA §2383-B, sub-§5,
as amended by PL 2001, c. 580, §3,
is repealed.
Sec. 3.
22 MRSA §2383-B, sub-§7
is enacted to read:
7.
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 patient who has not attained 18 years of
age may cultivate and possess marijuana for the personal medical purposes of
that patient if that patient has the written consent of that patient’s parent
or guardian.
Sec. 4.
22 MRSA §2383-B, sub-§8
is enacted to read:
8.
Mandatory identification card
system prohibited.
A mandatory identification card system may not be imposed but the State may
establish a nonmandatory identification card system if it considers such a
system necessary. If the State sets up a nonmandatory identification card
system, cards will take the place of the patient's notarized designation form.
Sec. 5.
22 MRSA §2383-B, sub-§9
is enacted to read:
9.
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 if that provider is appointed by each
patient in writing and the appointment is notarized. The State shall provide
a form for this appointment, but a patient may provide that patient's own
form.
Sec. 6.
22 MRSA §2383-B, sub-§10
is enacted to read:
10.
Patient not required to have
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 an accurate record or history of that
patient’s ongoing therapy.
Conditions for which marijuana may provide relief include, but are not limited
to, glaucoma, cancer, HIV-AIDS, nausea, multiple sclerosis, Crohn's disease,
ulcerative colitis, Alzheimer's disease, epilepsy, hepatitis C, chronic pain,
arthritis, anorexia, depression, Huntington's disease, herpes, inflammation,
migraine, menopause, premenstrual syndrome, rheumatism, Tourette's syndrome
and stress. Additional conditions must be recommended from research to be
done by the State and concluded within 120 days after the effective date of
this subsection. The Department of Health and Human Services shall adopt
rules, which are routine technical rules pursuant to Title 5, chapter 379,
subchapter 2-A, governing this research and listing.
Sec. 7.
22 MRSA §2383-B, sub-§11
is enacted to read:
11.
Limits on patient and
designated marijuana provider.
A patient or designated marijuana provider may possess 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.
Sec. 8.
22 MRSA §2383-B, sub-§12
is enacted to read:
12.
Designated marijuana providers
may work together.
Designated marijuana
providers may work together to provide for their patients.
Sec. 9.
22 MRSA §2383-B, sub-§13
is enacted to read:
13.
Legislature to designate
marijuana dispensaries.
The Legislature shall designate at least one marijuana dispensary 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 nonprofit entities. Authority over the
marijuana dispensaries rests with the Department of Agriculture, Food and
Rural Resources. Policies governing the operation of dispensaries must be
adopted by a committee designated by the Department of Agriculture, Food and
Rural Resources that consists of 2 legislators and 6 to 8 patients and
designated marijuana providers. Plans for the dispensaries must be
implemented within 60 days after the effective date of this subsection and the
dispensaries must be operational within 120 days after the effective date of
this subsection.
Sec. 10.
22 MRSA §2383-B, sub-§14
is enacted to read:
14.
Duty of state, county and
municipal agencies.
All state, county and municipal agencies shall cooperate with and comply with
the laws of this State concerning medical marijuana regardless of federal
policies. The Attorney General or an assistant of the Attorney General or any
law enforcement officer or district attorney who acts in violation of this
section is subject to disciplinary action and, if the violation is repeated,
further disciplinary action and possible dismissal.
Sec. 11.
22 MRSA §2383-B, sub-§15
is enacted to read:
15.
Inclusion of marijuana in list
of medicines; discrimination prohibited.
Marijuana must be considered a medicine and included in the list of medicines
for all legal purposes and purchases, including, but not limited to, for state
medical programs, insurance company coverage and others responsible for
providing medicines or payments for medicines. An employee who tests positive
for marijuana may not be discriminated against in the process of being hired
for employment or while employed. An employee may not be fired or otherwise
discharged for use of marijuana for medical purposes as provided in this
section. An employee may not be denied insurance by an employer’s insurance
company, or for any other non-employer-related insurance coverage in this
State, for use of marijuana for medical purposes as provided in this section.
Sec. 12.
22 MRSA §2383-B, sub-§16
is enacted to read:
16.
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 revokes 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.
Sec. 13.
22 MRSA §2383-B, sub-§17
is enacted to read:
17.
Medical marijuana education
campaign.
The State shall implement a vigorous education campaign to educate or
reeducate the public regarding the many medical uses of marijuana. Published
pharmacopoeias and modern scientific studies and research must be used. A list
of uses for medical marijuana must be included in such literature and the list
must be updated as new uses are identified. The State shall print pamphlets
and brochures and make them available to the public within 120 days after the
effective date of this subsection and must update them periodically.
Sec. 14.
22 MRSA §2383-B, sub-§18
is enacted to read:
18.
Patient medical marijuana
form.
A patient must have a medical marijuana form available for the authorities
that lists the name of the patient's doctor, the doctor's telephone number,
the doctor's recommendation for medical use of marijuana or the patient's
diagnosis for use of medical marijuana as applicable, a caregiver, if
applicable, the dispensary, if applicable, whether the patient is growing the
patient's own supply and any other information the Department of Agriculture,
Food and Rural Resources considers necessary. Until such a form is available
through the State, a printed or handwritten document with the information is
sufficient. All forms must be notarized.
Sec. 15.
22 MRSA §2383-B, as amended by PL 2005, c. 252, §2,
is further amended by adding
at the end a new paragraph to read:
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.
Sec. 16.
22 MRSA §2383-B, as amended by PL 2005, c. 252, §2,
is further amended by adding
at the end a new paragraph to read:
This section may not be construed to condone the diversion of
marijuana for nonmedical purposes.
