Maine LD 752: An Act To Permit Medical Marijuana Cultivation by Incapacitated Adults

LD 752 (subjects: HEALTH CARE SERVICES , DELIVERY )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=752&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Larry Dunphy of Embden: (I – District 118) — e-mail | Facebook

7 Cosponsors:

Actions

Chamber

Action
3/5/2015 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.
3/10/2015 Senate On motion by Senator Brakey of Androscoggin, REFERRED to the Committee on Health and Human Services, in concurrence.
6/8/2015 House CONSENT CALENDAR – FIRST DAY
Under suspension of the rules
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-331)
Sent for concurrence. ORDERED SENT FORTHWITH.
6/9/2015 Senate Report READ and ACCEPTED, in concurrence.

READ ONCE.

Committee Amendment “A” (H-331) READ and ADOPTED, in concurrence.

Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-331), in concurrence.

Ordered sent down forthwith.
6/10/2015 House PASSED TO BE ENACTED.
ROLL CALL NO. 209
(Yeas 108 – Nays 37 – Absent 6 – Excused 0)
Sent for concurrence. ORDERED SENT FORTHWITH.
6/11/2015 Senate On motion by Senator CUSHING of Penobscot Tabled until Later in Today’s Session, pending ENACTMENT, in concurrence.
6/12/2015 Senate Unfinished Business
6/15/2015 Senate Unfinished Business
6/16/2015 Senate Taken from the table by the President ProTem
PASSED TO BE ENACTED , in concurrence.
Roll Call Ordered Roll Call # 262 18 Yeas – 17 Nays- 0 Excused – 0 Absent PREVAILED
HELD at the Request of Senator CUSHING of Penobscot.
6/17/2015 Senate RELEASED.
6/30/2015 House This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 436V
104 having voted in the affirmative and 43 in the negative, with 4 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/30/2015 Senate LD 752 In Senate, June 30, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 16 In Favor and 18 Against , accordingly it was the vote of the Senate that the Bill become not law and the VETO was SUSTAINED.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 752 as originally introduced. L.D. 752 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-331) .

An Act To Permit Medical Marijuana Cultivation by Incapacitated Adults

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

Sec. 1. 22 MRSA 2423-A, sub- 1, as amended by PL 2013, c. 396, 2 to 4, is further amended to read:

1. Qualifying patient. Except as provided in section 2426, a qualifying patient , including an incapacitated adult, may:

A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of marijuana as provided in subsection 5;
B. Cultivate, or designate a primary caregiver to cultivate under paragraph F, up to a total of 6 mature marijuana plants for that qualifying patient. The total number of mature marijuana plants per qualifying patient, whether cultivated by the patient or by a primary caregiver, may not exceed 6. In addition to the 6 mature marijuana plants, the patient who is cultivating the patient’s own marijuana may have harvested marijuana in varying stages of processing in order to ensure the patient is able to maintain supply and meet personal needs. Two or more qualifying patients who are members of the same household and cultivating their own marijuana may share one enclosed, locked facility for cultivation;
C. Possess marijuana paraphernalia;
D. Furnish or offer to furnish to another qualifying patient for that patient’s medical use of marijuana up to 2 1/2 ounces of prepared marijuana if nothing of value is offered or transferred in return;
E. Designate one person, hospice provider or nursing facility as a primary caregiver to assist with the qualifying patient’s medical use of marijuana in a standardized written document, developed by the department, signed and dated by the qualifying patient, including a one-year expiration and the signed acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver. A 2nd person or hospice provider or nursing facility may be designated as a 2nd primary caregiver if the patient is under 18 years of age. The primary caregivers for a patient are determined solely by the patient’s preference except that a parent, guardian or person having legal custody shall serve as a primary caregiver for a minor child;
F. Designate one primary caregiver or a registered dispensary to cultivate marijuana for the medical use of the patient, except that a hospice provider or a nursing facility that is designated as a primary caregiver by a patient and the staff of the provider or facility may not be designated to cultivate marijuana for the patient. The qualifying patient must designate the primary caregiver or registered dispensary to cultivate for the patient in a standardized written document, developed by the department, signed and dated by the qualifying patient, which must include a one-year expiration, the total number of mature plants the primary caregiver is designated to cultivate and the signed acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient or the signed acknowledgment of a person on behalf of the registered dispensary that the registered dispensary may be contacted to confirm the designation of the dispensary to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient;
G. Be in the presence or vicinity of the medical use of marijuana and assist any qualifying patient with using or administering marijuana; and
H. Accept excess prepared marijuana from a primary caregiver in accordance with subsection 2, paragraph H if nothing of value is provided to the primary caregiver.

As used in this subsection, “incapacitated adult” has the same meaning as in section 3472, subsection 10.

SUMMARY

This bill allows a qualifying patient under the Maine Medical Use of Marijuana Act who is an incapacitated adult to possess marijuana and cultivate marijuana for that incapacitated adult’s own use.

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 752 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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