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 2007, c. 695, Pt. B, §4, 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 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‑A, subsection 30 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 must be diagnosed with a condition for which marijuana may provide relief.  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, migraine, menopause, 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 375, 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 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 or impeachment of elected officials.  Any arrest or charge against a patient or designated marijuana provider, regarding marijuana or marijuana plants, must be given a hearing on the matter of legitimate paperwork for the legal status of that patient or provider to either approve or deny that status.  All property such as live plants must be preserved until determination of that status and returned to the patient or provider if approved as long as the number of plants is within the law, and the amount of marijuana is also within the law.  Return of property is required if the patient or provider is acquitted after any trial.

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 nonemployer-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.