Maine LD 23: An Act To Remove from the Maine Medical Use of Marijuana Act the Requirement That a Patient’s Medical Condition Be Debilitating

LD 23 (subjects: HEALTH CARE SERVICES , DELIVERY )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=23&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Rep. Diane Russell of Portland: (D – District 39) — e-mail | Twitter | Facebook

0 Cosponsors:

Actions

Chamber

Action
1/13/2015 House Committee on Health and Human Services suggested and ordered printed.
The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.
Sent for concurrence. ORDERED SENT FORTHWITH.
1/14/2015 Senate On motion by Senator Brakey of Androscoggin, REFERRED to the Committee on Health and Human Services, in concurrence.
5/28/2015 House Reports READ.
On motion of Representative GATTINE of Westbrook, the Majority Ought to Pass Report was ACCEPTED.
ROLL CALL NO. 109
(Yeas 113 – Nays 32 – Absent 6 – Excused 0)
The Bill was READ ONCE.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED.
Sent for concurrence. ORDERED SENT FORTHWITH.
5/29/2015 Senate Reports READ
Senator BRAKEY of Androscoggin moved to to ACCEPT Majority OUGHT TO PASS Report
On motion by Same Senator Tabled until Later in Today’s Session, pending His Motion to ACCEPT the Majority Ought to Pass Report , in concurrence.
Unfinished Business
6/1/2015 Senate Unfinished Business
6/2/2015 Senate Unfinished Business
6/3/2015 Senate Unfinished Business
6/4/2015 Senate Unfinished Business
6/5/2015 Senate Unfinished Business
6/8/2015 Senate Unfinished Business
6/9/2015 Senate Unfinished Business
6/10/2015 Senate Unfinished Business
6/11/2015 Senate Unfinished Business
6/12/2015 Senate Unfinished Business
6/15/2015 Senate Unfinished Business
6/17/2015 Senate Taken from the table by the President ProTem Subsequently, motion by Senator BRAKEY of Androscoggin to accept The Majority Ought to Pass Report FAILED Roll Call Ordered Roll Call # 260 16 Yeas – 19 Nays- 0 Excused – 0 Absent The Minority Ought Not To Pass Report ACCEPTED , in NON-CONCURRENCE. Ordered sent down forthwith for concurrence. HELD at the Request of Senator McCORMICK of Kennebec.
6/17/2015 Senate RELEASED.
6/18/2015 House On motion of Representative McCABE of Skowhegan, TABLED pending FURTHER CONSIDERATION.
Later today assigned.
6/18/2015 House Unfinished Business
6/19/2015 House Speaker laid before the House
On motion of Representative RUSSELL of Portland, the House RECEDED.
On further motion of same Representative House Amendment “A” (H-484) was READ and ADOPTED.
Subsequently, the Bill was PASSED TO BE ENGROSSED as Amended by House Amendment “A” (H-484).
In NON-CONCURRENCE and sent for concurrence.
ORDERED SENT FORTHWITH.
6/22/2015 Senate On motion by Senator BRAKEY of Androscoggin Tabled until Later in Today’s Session, pending FURTHER CONSIDERATION
6/22/2015 Senate Taken from the table by the President
motion by Senator BRAKEY of Androscoggin that the Senate Recede From ACCEPTANCE of the Minority OUGHT NOT TO PASS Report FAILED
Roll Call Ordered Roll Call # 322 17 Yeas – 17 Nays- 1 Excused – 0 Absent
Subsequently, The Senate ADHERED To its previous action whereby the Minority OUGHT NOT TO PASS Report was Accepted , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
6/22/2015 House The House INSISTED on ACCEPTANCE of the Majority Ought to Pass Report and PASSAGE TO BE ENGROSSED as Amended by House Amendment “A” (H-484).
ORDERED SENT FORTHWITH.
Placed in the Legislative Files. (DEAD)

Bill Text

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An Act To Remove from the Maine Medical Use of Marijuana Act the Requirement That a Patient’s Medical Condition Be Debilitating

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

Sec. 1. 22 MRSA 2422, sub- 2, as amended by PL 2013, c. 361, 1, is repealed.

Sec. 2. 22 MRSA 2422, sub- 5, as amended by PL 2011, c. 407, Pt. B, 5, is further amended to read:

5. Medical use. “Medical use” means the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the patient???s debilitating medical condition.

Sec. 3. 22 MRSA 2422, sub- 9, as amended by PL 2013, c. 516, 3, is further amended to read:

9. Qualifying patient. “Qualifying patient” or “patient” means a person who has been diagnosed by a medical provider as having a debilitating medical condition and who possesses a valid written certification regarding medical use of marijuana in accordance with section 2423-B.

Sec. 4. 22 MRSA 2422, sub- 15, as enacted by IB 2009, c. 1, 5, is amended to read:

15. Visiting qualifying patient. “Visiting qualifying patient” means a qualifying patient with a debilitating medical condition who is not a resident of this State or who has been a resident of this State less than 30 days.

Sec. 5. 22 MRSA 2422, sub- 16, as amended by PL 2013, c. 516, 5, is further amended to read:

16. Written certification. “Written certification” means a document on tamper-resistant paper signed by a medical provider, that expires within one year and that states that in the medical provider’s professional opinion a 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 or symptoms associated with the debilitating medical condition. A written certification may be made only in the course of a bona fide medical provider-patient relationship after the medical provider has completed a full assessment of the qualifying patient’s medical history.

Sec. 6. 22 MRSA 2423-B, first , as amended by PL 2013, c. 516, 8, is further amended to read:

A medical provider may provide a written certification for the medical use of marijuana under this chapter and, after having done so, may otherwise state that in the medical provider’s professional opinion a qualifying patient is likely to receive therapeutic benefit from the medical use of marijuana to treat or alleviate the patient’s debilitating medical condition.

Sec. 7. 22 MRSA 2423-B, sub- 2, as amended by PL 2013, c. 516, 8, is further amended to read:

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 subsection 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 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.

Sec. 8. 22 MRSA 2423-E, sub- 8, as enacted by PL 2011, c. 407, Pt. B, 20, is amended to read:

8. Defense for possession of excess marijuana. Except as provided in section 2426, a qualifying patient may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana possession and may present evidence in court that the patient’s necessary medical use or cultivation circumstances warranted exceeding the amount of marijuana allowed under section 2423-A and was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.

Sec. 9. 22 MRSA 2424, sub- 2, as repealed and replaced by PL 2011, c. 407, Pt. B, 21, is repealed.

Sec. 10. 22 MRSA 2425, sub- 6, A, as amended by PL 2013, c. 394, 5, is further amended to read:

A. A registered qualifying patient shall notify the department within 10 days of any change in the registered qualifying patient’s name, address, primary caregiver or preference regarding who may cultivate marijuana for the registered qualifying patient, if the registry identification card is no longer accurate, if the change renders the registry identification card inaccurate or if the registered qualifying patient ceases to have a debilitating the medical condition for which the registered qualifying patient obtained certification pursuant to section 2423-B.

Sec. 11. 22 MRSA 2425, sub- 6, B, as amended by PL 2013, c. 516, 12, is further amended to read:

B. A registered qualifying patient who fails to notify the department as required under paragraph A commits a civil violation for which a fine of not more than $150 may be adjudged. If the registered qualifying patient’s certifying medical provider notifies the department in writing that the registered qualifying patient has ceased to suffer from a debilitating the medical condition for which the registered qualifying patient obtained certification pursuant to section 2423-B, the registered qualifying patient’s registry identification card becomes void upon notification by the department to the qualifying patient.

SUMMARY

This bill removes from the Maine Medical Use of Marijuana Act any limitation on the type of medical conditions for which patients may be certified by their physicians to engage in the medical use of marijuana.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 23 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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