AN ACT TO REPEAL THE PROHIBITION ON CANNABIS, HEMP AND MARIJUANA

 

 

DATE OF ISSUANCE:  March 27, 2009

Filing Deadline for the November 2010 Ballot:  February 1, 2010; Filing Deadline for the November 2011 Ballot: September 27, 2010

18 month petition expiration date: September 27, 2010

 

 

PROPOSED INITIATIVE SUMMARY

 

This bill permits a person 19 years of age or older to possess, cultivate, transport, distribute, use or consume hemp, industrial hemp products, cannabis or marijuana medical preparations, hemp food products for nutritional use and cannabis or marijuana intoxicating products.  The bill prohibits the use of cannabis or marijuana intoxicating products by persons who have not attained the age of 19 and prohibits the public use of cannabis or marijuana intoxicating products.  The bill allows physicians to prescribe cannabis or marijuana medical preparations to a patient, regardless of age.  The clearing of all criminal records of all marijuana offenses for activity legalized by the bill is required.  The bill stipulates that law enforcement personnel or funds may not be used to assist enforcement of federal marijuana laws and directs state officials to challenge federal marijuana laws. 

 

 

 

PLEASE SEE INSIDE FOR LEGISLATION AND REVERSE FOR INSTRUCTIONS AND ADDITIONAL SIGNATURE LINES

 

 

 

 

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 to Repeal the Prohibition on Cannabis, Hemp and Marijuana.”

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

Sec. 1.  7 MRSA c. 103, sub-c. 8-C is enacted to read:

SUBCHAPTER 8-C

CANNABIS

§901.  Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1.  Authorized person.  "Authorized person" means a person having a relationship to the premises that is unique and not shared by the general public.  With respect to property owned by another, "authorized person" includes a tenant, custodian or security guard.  With respect to publicly owned property, "authorized person" includes law enforcement officers and other public employees charged with the responsibility of maintaining or protecting public property.

2.  Cannabis or marijuana intoxicating product.  "Cannabis or marijuana intoxicating product" means a cannabis product other than an industrial hemp product, cannabis or marijuana medical preparation or hemp food product for nutritional use.

3.  Cannabis or marijuana medical preparation.  "Cannabis or marijuana medical preparation" means a product made from cannabis designed, intended or used for the treatment of any disease, for pain relief or for any healing purpose, including, but not limited to, the treatment, relief or healing of arthritis, asthma, epilepsy, glaucoma, migraine, multiple sclerosis, nausea, side effects of cancer chemotherapy, sickle-cell anemia, stress, wasting syndrome from acquired immune deficiency syndrome and anorexia.  "Cannabis or marijuana medical preparation" includes cannabis plants for use as an antibiotic or as an antibacterial, antiviral or anti-emetic agent, as a healing agent or as an adjunct to a medical procedure or herbal treatment.

4.  Hemp.  "Hemp" means cannabis, hemp and any part or preparation of the plants cannabis sativa, cannabis indica, cannabis americana or other variety of cannabis that is not used for medical or intoxication purposes.

5.  Hemp food product for nutritional use.  "Hemp food product for nutritional use" means a cannabis or marijuana product intended for human consumption as food, including, but not limited to, seed, seed protein, seed oil, essential fatty acids, seed cake, gruel or any preparation or extract of that product that contains little or no THC.

6.  Industrial hemp product.  "Industrial hemp product" means a product made from hemp not designed or intended for human consumption, including, but not limited to, clothing, housing, paper, fiber, fuel, lubricants, plastics, paints, seed for animal feed, veterinary medicines and oil.  "Industrial hemp product" includes hemp plants used for crop rotation, weed control, erosion control or other horticultural purposes.

7.  Personal use.  "Personal use" means the use or consumption of a hemp, cannabis or marijuana product or preparation intended for a relaxational, spiritual, religious or other personal purpose other than for sale.

8.  Public place.  "Public place" means:

A.  A place owned or operated by a governmental entity to which the public at large or a substantial group has access, including, but not limited to:

(1)  Public ways as defined in Title 17-A, section 505;

(2)  Schools and government-owned custodial facilities;

(3)  The lobbies, hallways, lavatories, toilets and basement portions of apartment houses, hotels, public buildings and transportation terminals; and

(4)  Public beaches; and

B.  Private ways and parking areas, physically adjacent to public ways and designed primarily for vehicular traffic.

9.  THC.  "THC" means tetrahydrocannabinol, the psychoactive ingredient in cannabis or marijuana intoxicating products.

§902.  Legalization of cannabis

1.  Possession, cultivation, transportation, distribution, use and consumption.  A person 19 years of age or older may possess, cultivate, transport, distribute, use or consume hemp, industrial hemp products, cannabis or marijuana medical preparations, hemp food products for nutritional use and cannabis or marijuana intoxicating products.  Notwithstanding Title 17-A, section 1111-A, a person 19 years of age or older may manufacture, market, distribute or sell to a person 19 years of age or older equipment or accessories designed to assist in the planting, cultivation, harvesting, curing, packaging, storage, analysis, use, consumption or transportation of hemp, industrial hemp products, cannabis or marijuana medical preparations, hemp food products for nutritional use or hemp, cannabis or marijuana products for personal use.

2.  Cannabis or marijuana medical preparations.  Notwithstanding subsection 1, a physician may prescribe cannabis or marijuana medical preparations for medical purposes to a patient, regardless of age.  A tax may not be levied on prescribed cannabis or marijuana medical preparations.

3.  Use, possession or purchase of cannabis or marijuana intoxicating products by a person who has not attained 19 years of age prohibited; civil violation.  A person who has not attained 19 years of age may not use, possess or purchase cannabis or marijuana intoxicating products.  Violation of this subsection is a civil violation.  For a first offense, a written warning must be given and, if the offender has not attained 18 years of age, the offender must be taken home to the offender's parents or legal guardian.  For all subsequent offenses, a fine of $50 may be adjudged.  A person may not be subject to habitual offender penalties for violation of this subsection.

4.  Furnishing, selling or allowing consumption of cannabis or marijuana intoxicating products by certain persons prohibited.  The following prohibitions apply to cannabis or marijuana intoxicating products.

A.  A person may not knowingly:

(1)  Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver cannabis or marijuana intoxicating products for or to a person who has not attained 19 years of age;

(2)  Allow a person who has not attained 19 years of age and who is under that person's control, or who is in any place under that person's control, to possess or consume cannabis or marijuana intoxicating products; or

(3)  Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver cannabis or marijuana intoxicating products to a visibly intoxicated person.

B.  A person who violates paragraph A, subparagraph (1) or (2) commits a Class D crime.  A person who violates paragraph A, subparagraph (3) commits a Class E crime, for which a fine of not more than $200 may be adjudged.  In the case of a person who has one or more previous convictions of a violation of paragraph A, subparagraph (1) or (2) within a 6-year period, the fine may not be less than $300, which penalty may not be suspended.  In the case of a person who has no previous convictions of a violation of paragraph A, subparagraph (1) or (2) within a 6-year period, the fine may not be less than $200, which penalty may not be suspended if that person is convicted of a violation of paragraph A, subparagraph (1) or (2) involving a minor less than 14 years of age.

5.  Public use of cannabis or marijuana intoxicating products prohibited.  A person is guilty of public use of cannabis or marijuana intoxicating products if that person:

A.  After being forbidden to do so personally by a law enforcement officer, uses cannabis or marijuana intoxicating products in any public place knowing that the person is not licensed or privileged to do so, unless the person has been given permission to do so by the owner or authorized person; or

B.  Within a municipality, uses cannabis or marijuana intoxicating products in any public place other than on state property within 200 feet of a notice posted conspicuously in the public place by the owner or authorized person that forbids using cannabis or marijuana intoxicating products in the public place, unless the person has been given permission to do so by the owner or authorized person.

Violation of this subsection is a Class E crime.

6.  Zoning, licenses, fees and taxes.  Hemp farmers and manufacturers may not be subject to any special zoning requirement, licensing fee or tax that is discriminatory or prohibitive.  A person may cultivate 100 cannabis plants or fewer for personal use with a permit, for which a fee of $100 may be charged.  The cultivation of more than 100 cannabis plants requires a permit issued by the Commissioner of Agriculture, Food and Rural Resources.  The fee for this permit is $300 per year.  The requirements for this permit may not be arbitrary, prejudicial or prohibitive.

7.  Concessionary establishments.  Concessionary establishments may sell cannabis or marijuana intoxicating products for consumption or use on the premises or for consumption or use off the premises.  These concessionary establishments must be licensed for a fee of $400 per year.  The requirements for this licensing may not be arbitrary, prejudicial or prohibitive.

8.  Testing for inert THC metabolites.  Testing for inert THC metabolites may not be required for employment or insurance, nor used for determining impairment.

9.  Retroactivity; clearing of criminal records.  This subchapter is retroactive in its application to  include amnesty and clearing of all criminal records for all cannabis-related and marijuana-related offenses that are legal under the terms of this subchapter.  Within 60 days of the effective date of this subchapter, the Attorney General shall develop and distribute a one-page application form providing for the destruction of all criminal records in this State for cannabis-related and marijuana-related offenses that are legal under the terms of this subchapter.  This form must be distributed to district and city attorneys and made available to all police departments in this State and to affected persons.  Upon the filing of the form with the Attorney General and a payment of a fee not greater than $10, all pertinent records anywhere in this State listed in the form must be destroyed.  Any person who has filed the form may truthfully state that the person has never been convicted of a cannabis-related or marijuana-related offense that is legal under the terms of this subchapter.

10.  Use of revenue.  All revenue from fines for marijuana civil or criminal penalties and all tax revenue from sales of marijuana must be designated for MaineCare medical programs for the poor and elderly that are strained for funding and limit public participation due to lack of funds or other such healthcare programs that serve low-income clients and must be accounted for by the State as to which programs are funded using this revenue.

11.  Employees; discrimination prohibited.  An employee may not be fired or otherwise discharged for use of marijuana for medical purposes or for failing any testing unless a reliable test is developed for actual impairment, as residue from use of marijuana stays in a person’s system for 30 days or more and does not constitute actual impairment on the job.  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 allowed by law.  An employee may not be denied insurance by an employer’s insurance company, or for any other nonemployer-related insurance coverage in this State, for use of marijuana.

§903.  Law enforcement personnel or funds in enforcement of federal marijuana laws

Law enforcement personnel or funds may not be used to assist enforcement of federal cannabis or marijuana laws governing acts that are legal under state law.

Sec. 2.  15 MRSA §3103, sub-§1, ¶B, as repealed and replaced by PL 2003, c. 305, §1, is repealed.

Sec. 3.  15 MRSA §5821, sub-§7, as amended by PL 2003, c. 688, Pt. B, §2, is further amended to read:

7.  Real property.  Except as provided in paragraph A, all real property, including any right, title or interest in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended for use, in any manner or part, to commit or to facilitate the commission of a violation of Title 17-A, section 1103, 1105-A, 1105-B or 1105-C, which that is a Class A, Class B or Class C crime, with the exception of offenses involving marijuana.

A.    Property may not be forfeited under this subsection, to the extent of an interest of an owner, by reason of an act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner.  When an owner of property that is that person's primary residence proves by a preponderance of the evidence that the owner is the spouse or minor child of the coowner of the primary residence who has used or intended to use the residence, in any manner or part, to commit or facilitate the commission of a violation of Title 17-A, section 1103, 1105-A, 1105-B or 1105-C, the State shall bear bears the burden of proving knowledge or consent of the spouse or minor child by a preponderance of the evidence;

Sec. 4.  17-A MRSA §1101, sub-§1, as amended by PL 1975, c. 740, §96, is repealed.

Sec. 5.  17-A MRSA §1101, sub-§5, as enacted by PL 1975, c. 499, §1, is repealed.

Sec. 6.  17-A MRSA §1102, sub-§2, ¶C, as amended by PL 1977, c. 649, §2, is further amended to read:

C.    Unless listed in another schedule, any of the following hallucinogenic drugs, or their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1)  Bufotenine;

(2)  Ibogaine;

(3)  Mescaline, including but not limited to peyote;

(4)  N-methyl-3-piperidyl benzilate;

(5)  N-ethyl-3-piperidyl benzilate;

(6)  Psilocybin; and

(7)  Psilocyn;

(8)  Hashish;

Sec. 7.  17-A MRSA §1102, sub-§4, ¶B, as enacted by PL 1975, c. 499, §1, is repealed.

Sec. 8.  17-A MRSA §1103, sub-§1-A, ¶C, as enacted by PL 2001, c. 383, §115 and affected by §156, is repealed.

Sec. 9.  17-A MRSA §1103, sub-§1-A, ¶D, as enacted by PL 2001, c. 383, §115 and affected by §156, is repealed.

Sec. 10.  17-A MRSA §1103, sub-§1-A, ¶E, as enacted by PL 2001, c. 383, §115 and affected by §156, is repealed.

Sec. 11.  17-A MRSA §1103, sub-§1-A, ¶F, as enacted by PL 2001, c. 383, §115 and affected by §156, is repealed.

Sec. 12.  17-A MRSA §1103, sub-§3, ¶A, as amended by PL 1997, c. 481, §3, is repealed.

Sec. 13.  17-A MRSA §1105-A, sub-§1, ¶A, as enacted by PL 2001, c. 383, §119 and affected by §156, is amended to read:

A.    The person trafficks in a scheduled drug with a child who is in fact less than 18 years of age and the drug is:

(1)  A schedule W drug.  Violation of this subparagraph is a Class A crime;

(2)  Marijuana in a quantity of 20 pounds or more.  Violation of this subparagraph is a Class A crime;

(3)  A schedule X drug.  Violation of this subparagraph is a Class B crime;

(4)  Marijuana in a quantity of more than one pound.  Violation of this subparagraph is a Class B crime;

(5)  A schedule Y drug.  Violation of this subparagraph is a Class C crime; or

(6)  A schedule Z drug.  Violation of this subparagraph is a Class C crime;

Sec. 14.  17-A MRSA §1105-A, sub-§1, ¶B, as amended by PL 2007, c. 476, §39, is further amended to read:

B.  At the time of the offense, the person has one or more prior convictions for any Class A, B or C offense under this chapter or for engaging in substantially similar conduct to that of the Class A, B or C offenses under this chapter in another jurisdiction and the drug is:

(1)  A schedule W drug.  Violation of this subparagraph is a Class A crime;

(2)  Marijuana in a quantity of 20 pounds or more.  Violation of this subparagraph is a Class A crime;

(3)  A schedule X drug.  Violation of this subparagraph is a Class B crime;

(4)  Marijuana in a quantity of more than one pound.  Violation of this subparagraph is a Class B crime;

(5)  A schedule Y drug.  Violation of this subparagraph is a Class C crime; or

(6)  A schedule Z drug.  Violation of this subparagraph is a Class C crime.

Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years;

Sec. 15.  17-A MRSA §1105-A, sub-§1, ¶C-1, as enacted by PL 2001, c. 667, Pt. D, §23 and affected by §36, is amended to read:

C-1.    At the time of the offense, the person possesses a firearm in the furtherance of the offense, uses a firearm, carries a firearm or is armed with a firearm, and the drug is:

(1)  A schedule W drug.  Violation of this subparagraph is a Class A crime;

(2)  Marijuana in a quantity of 20 pounds or more. Violation of this subparagraph is a Class A crime;

(3)  A schedule X drug.  Violation of this subparagraph is a Class B crime;

(4)  Marijuana in a quantity of more than one pound.  Violation of this subparagraph is a Class B crime;

(5)  A schedule Y drug.  Violation of this subparagraph is a Class C crime; or

(6)  A schedule Z drug.  Violation of this subparagraph is a Class C crime;

Sec. 16.  17-A MRSA §1105-A, sub-§1, ¶E, as amended by PL 2005, c. 415, §2, is further amended to read:

E.    At the time of the offense, the person is on a school bus or within 1,000 feet of the real property comprising a private or public elementary or secondary school or a safe zone as defined in section 1101, subsection 23 and the drug is:

(1)  A schedule W drug.  Violation of this subparagraph is a Class A crime;

(2)  Marijuana in a quantity of 20 pounds or more.  Violation of this subparagraph is a Class A crime;

(3)  A schedule X drug.  Violation of this subparagraph is a Class B crime;

(4)  Marijuana in a quantity of more than one pound.  Violation of this subparagraph is a Class B crime;

(5)  A schedule Y drug.  Violation of this subparagraph is a Class C crime; or

(6)  A schedule Z drug.  Violation of this subparagraph is a Class C crime.

For purposes of this paragraph, "school bus" has the same meaning as defined in Title 29-A, section 2301, subsection 5;

Sec. 17.  17-A MRSA §1105-A, sub-§1, ¶F, as enacted by PL 2001, c. 383, §119 and affected by §156, is amended to read:

F.    At the time of the offense, the person enlists or solicits the aid of or conspires with a child who is in fact less than 18 years of age to traffick in a scheduled drug and the drug is:

(1)  A schedule W drug.  Violation of this subparagraph is a Class A crime;

(2)  Marijuana in a quantity of 20 pounds or more.  Violation of this subparagraph is a Class A crime;

(3)  A schedule X drug.  Violation of this subparagraph is a Class B crime;

(4)  Marijuana in a quantity of more than one pound.  Violation of this subparagraph is a Class B crime;

(5)  A schedule Y drug.  Violation of this subparagraph is a Class C crime; or

(6)  A schedule Z drug.  Violation of this subparagraph is a Class C crime;

Sec. 18.  17-A MRSA §1105-D, as amended by PL 2007, c. 476, §42, is repealed.

Sec. 19.  17-A MRSA §1106, sub-§3, ¶A, as enacted by PL 1989, c. 924, §12, is repealed.

Sec. 20.  17-A MRSA §1111-A, sub-§1, ¶G, as amended by PL 1981, c. 531, §2, is repealed.

Sec. 21.  17-A MRSA §1111-A, sub-§1, ¶K, as amended by PL 1981, c. 531, §3, is further amended to read:

K.    Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

(1)  Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(2)  Water pipes;

(3)  Carburetion tubes and devices;

(4)  Smoking and carburetion masks;

(5)  Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand;

(6)  Miniature cocaine spoons and cocaine vials;

(7)  Chamber pipes;

(8)  Carburetor pipes;

(9)  Electric pipes;

(10)  Air-driven pipes;

(11)  Chillums;

(12)  Bongs; or

(13)  Ice pipes or chillers.

Sec. 22.  17-A MRSA §1117, as amended by PL 2003, c. 61, §9, is repealed.

Sec. 23.  17-A MRSA §1252, sub-§5-A, ¶A, as amended by PL 2001, c. 383, §151 and affected by §156, is further amended to read:

A.    Except as otherwise provided in paragraphs B and C, the minimum sentence of imprisonment, which may not be suspended, is as follows: When the sentencing class is Class A, the minimum term of imprisonment is 4 years; when the sentencing class is Class B, the minimum term of imprisonment is 2 years; and, with the exception of a conviction under section 1105-A, 1105-B, 1105-C or 1105-D when the drug that is the basis for the charge is marijuana, when the sentencing class is Class C, the minimum term of imprisonment is one year;

Sec. 24.  17-A MRSA §1252, sub-§5-A, ¶C, as amended by PL 2001, c. 383, §151 and affected by §156, is further amended to read:

C.    If the court imposes a sentence under paragraph B, the minimum sentence of imprisonment, which may not be suspended, is as follows: When the sentencing class is Class A, the minimum term of imprisonment is 9 months; when the sentencing is Class B, the minimum term of imprisonment is 6 months; and, with the exception of trafficking or furnishing marijuana under section 1105-A or 1105-C, when the sentencing class is Class C, the minimum term of imprisonment is 3 months.

Sec. 25.  22 MRSA §2383, sub-§1, as amended by PL 2005, c. 386, Pt. DD, §3, is repealed.

Sec. 26.  25 MRSA §2003, sub-§1, ¶D, as amended by PL 2003, c. 341, §4, is further amended to read:

D.    Submits an application that contains the following:

(1)  Full name;

(2)  Full current address and addresses for the prior 5 years;

(3)  The date and place of birth, height, weight, color of eyes, color of hair, sex and race;

(4)  A record of previous issuances of, refusals to issue and revocations of a permit to carry concealed firearms or other concealed weapons by any issuing authority in the State or any other jurisdiction.  The record of previous refusals alone does not constitute cause for refusal and the record of previous revocations alone constitutes cause for refusal only as provided in section 2005; and

(5)  Answers to the following questions:

 (a)  Are you less than 18 years of age?

 (b)  Is there a formal charging instrument now pending against you in this State for a crime under the laws of this State that is punishable by imprisonment for a term of one year or more?

 (c)  Is there a formal charging instrument now pending against you in any federal court for a crime under the laws of the United States that is punishable by imprisonment for a term exceeding one year?

 (d)  Is there a formal charging instrument now pending against you in another state for a crime that, under the laws of that state, is punishable by a term of imprisonment exceeding one year?

 (e)  If your answer to the question in division (d) is "yes," is that charged crime classified under the laws of that state as a misdemeanor punishable by a term of imprisonment of 2 years or less?

 (f)  Is there a formal charging instrument pending against you in another state for a crime punishable in that state by a term of imprisonment of 2 years or less and classified by that state as a misdemeanor, but that is substantially similar to a crime that under the laws of this State is punishable by imprisonment for a term of one year or more?

 (g)  Is there a formal charging instrument now pending against you under the laws of the United States, this State or any other state or the Passamaquoddy Tribe or Penobscot Nation in a proceeding in which the prosecuting authority has pleaded that you committed the crime with the use of a firearm against a person or with the use of a dangerous weapon as defined in Title 17-A, section 2, subsection 9, paragraph A?

 (h)  Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (b), (c), (d) or (f) and involves bodily injury or threatened bodily injury against another person?

 (i)  Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (g)?

 (j)  Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that, if committed by an adult, would be a crime described in division (b), (c), (d) or (f), but does not involve bodily injury or threatened bodily injury against another person?

 (k)  Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (b), (c), (f) or (g)?

 (l)  Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (d)?

 (m)  If your answer to the question in division (l) is "yes," was that crime classified under the laws of that state as a misdemeanor punishable by a term of imprisonment of 2 years or less?

 (n)  Have you ever been adjudicated as having committed a juvenile offense described in division (h) or (i)?

 (o)  Have you ever been adjudicated as having committed a juvenile offense described in division (j)?

 (p)  Are you currently subject to an order of a Maine court or an order of a court of the United States or another state, territory, commonwealth or tribe that restrains you from harassing, stalking or threatening your intimate partner, as defined in 18 United States Code, Section 921(a), or a child of your intimate partner, or from engaging in other conduct that would place your intimate partner in reasonable fear of bodily injury to that intimate partner or the child?

 (q)  Are you a fugitive from justice?

 (r)  Are you a drug abuser, drug addict or drug dependent person?

 (s)  Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?

 (t)  Have you been adjudicated to be an incapacitated person pursuant to Title 18-A, Article 5, Parts 3 and 4 and not had that designation removed by an order under Title 18-A, section 5-307, subsection (b)?

 (u)  Have you been dishonorably discharged from the military forces within the past 5 years?

 (v)  Are you an illegal alien?

 (w)  Have you been convicted in a Maine court of a violation of Title 17-A, section 1057 within the past 5 years?

 (x)  Have you been adjudicated in a Maine court within the past 5 years as having committed a juvenile offense involving conduct that, if committed by an adult, would be a violation of Title 17-A, section 1057?

 (y)  To your knowledge, have you been the subject of an investigation by any law enforcement agency within the past 5 years regarding the alleged abuse by you of family or household members?

 (z)  Have you been convicted in any jurisdiction within the past 5 years of 3 or more crimes punishable by a term of imprisonment of less than one year or of crimes classified under the laws of a state as a misdemeanor and punishable by a term of imprisonment of 2 years or less?

 (aa)   Have you been adjudicated in any jurisdiction within the past 5 years to have committed 3 or more juvenile offenses described in division (o)?

 (bb)  To your knowledge, have you engaged within the past 5 years in reckless or negligent conduct that has been the subject of an investigation by a governmental entity?

 (cc)  Have you been convicted in a Maine court within the past 5 years of any Title 17-A, chapter 45 drug crime?

 (dd)  Have you been adjudicated in a Maine court within the past 5 years as having committed a juvenile offense involving conduct that, if committed by an adult, would have been a violation of Title 17-A, chapter 45?

 

(ee)  Have you been adjudged in a Maine court to have committed the civil violation of possession of a useable amount of marijuana, butyl nitrite or isobutyl nitrite in violation of Title 22, section 2383 within the past 5 years?; and

(ff)  Have you been adjudicated in a Maine court within the past 5 years as having committed the juvenile crime defined in Title 15, section 3103, subsection 1, paragraph B of possession of a useable amount of marijuana, as provided in Title 22, section 2383?; and

Sec. 27.  26 MRSA §683, sub-§2, ¶G, as amended by PL 1999, c. 199, §1 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

G.    The cutoff levels for both screening and confirmation tests at which the presence of a substance of abuse in a sample is considered a positive test result.

(1)  Cutoff levels for confirmation tests for marijuana may not be lower than 15 nanograms of delta-9-tetrahydrocannabinol-9-carboxylic acid per milliliter for urine samples.

(2)  The Department of Health and Human Services shall adopt rules under section 687 regulating screening and confirmation cutoff levels for other substances of abuse, including those substances tested for in blood samples under subsection 5, paragraph B, to ensure that levels are set within known tolerances of test methods and above mere trace amounts.  An employer may request that the Department of Health and Human Services establish a cutoff level for any substance of abuse for which the department has not established a cutoff level;

Sec. 28.  26 MRSA §683, sub-§5, ¶B, as enacted by PL 1989, c. 536, §§1 and 2 and affected by c. 604, §§2 and 3 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

B.    In the case of an employee, have a blood sample taken from the employee by a licensed physician, registered physician's assistant, registered nurse or a person certified by the Department of Health and Human Services to draw blood samples.  The employer shall have this sample tested for the presence of alcohol or marijuana metabolites, if those substances are that substance is to be tested for under the employer's written policy.  If the employee requests that a blood sample be taken as provided in this paragraph, the employer may not test any other sample from the employee for the presence of these substances that substance.

(1)  The Department of Health and Human Services may identify, by rules adopted under section 687, other substances of abuse for which an employee may request a blood sample be tested instead of a urine sample if the department determines that a sufficient correlation exists between the presence of the substance in an individual's blood and its effect upon the individual's performance.

(2)  No employer may require, request or suggest that any employee or applicant provide a blood sample for substance abuse testing purposes nor may any employer conduct a substance abuse test upon a blood sample except as provided in this paragraph.

(3)  Applicants do not have the right to require the employer to test a blood sample as provided in this paragraph.

Sec. 29.  32 MRSA §8105, sub-§5, ¶E, as amended by PL 2001, c. 298, §2, is further amended to read:

E.    Answers to the following questions:

(1)  Are you currently under indictment or information for a crime for which the possible penalty is imprisonment for a period equal to or exceeding one year?

(2)  Have you ever been convicted of a crime for which the possible penalty was imprisonment for a period equal to or exceeding one year?

(3)  Are you a fugitive from justice?

(4)  Are you an unlawful user of or addicted to marijuana or any other drug?

(5)  Have you been adjudged mentally defective or been committed to a mental institution within the past 5 years?; or

(6)  Are you an illegal alien?

Sec. 30.  37-B MRSA §457, sub-§1, ¶A, as enacted by PL 2001, c. 662, §59, is amended to read:

A.    "Controlled substance" means:

 (1)  Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, marijuana and any compound or derivative of any such substance;

 (2)  Any substance not specified in subparagraph (1) that is listed on a schedule of controlled substances prescribed by the President of the United States for the purposes of the Uniform Code of Military Justice; and

 (3)  Any other substance not specified in subparagraph (1) or contained on a list prescribed by the President of the United States under subparagraph (2) that is listed in schedules I to V of Section 202 of the Controlled Substances Act, 21 United States Code, Section 812.

Sec. 31.  Legislation.  The Legislature may enact, upon thorough investigation, legislation using reasonable standards to:

1.  Determine acceptable standard of impairment.  Determine a standard of impairment not subject to human error to restrict a person impaired by cannabis or marijuana intoxicating products, as defined in the Maine Revised Statutes, Title 7, section 901, subsection 2, from operating a motor vehicle or heavy machinery or otherwise engaging in conduct that may affect public safety;

2.  Tax on commercial production of cannabis or marijuana intoxicating products.  Tax the commercial production of cannabis or marijuana intoxicating products, as long as this tax does not exceed $10 per ounce; and

3.  Conflicting statutory laws.  Repeal existing statutory laws that conflict with the provisions of this Act.

Sec. 32.  Directive to challenge federal marijuana laws.  The Legislature, Governor and Attorney General are directed to challenge federal cannabis and marijuana laws governing acts that are no longer illegal in this State.