LD 611: An Act to Aid Implementation of the Maine Medical Marijuana Act of 1998



Sponsored by: Sen. Rand

Summary: Makes minor changes to Maine's medical marijuana law, increasing the amount of marijuana that may be possessed, clarifying protections for caregivers, and providing an affirmative defense for medical marijuana.

Text of Bill:


Further amend the bill by striking out everything after the
enacting clause and before the summary and inserting in its place
the following:


'Sec. 1. 22 MRSA 2383-B, sub-3, A-1,as enacted by IB 1999, c. 1,
7, is amended to read:

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 a person'sthe
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.


Sec. 2. 22 MRSA 2383-B, sub-3, E,as enacted by IB 1999, c. 1, 9,
is amended to read:

E. "Usable amount of marijuana for medical use" means 1 1/4
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. 3. 22 MRSA 2383-B, sub-5, G and Hare enacted to read:

G.__It is an affirmative defense to prosecution for
possession, use or cultivation of a usable amount of
marijuana under section 2383, Title 15, section 3103 or
Title 17-A, chapter 45 that the defendant was an eligible
patient under this subsection.

H.__It is an affirmative defense to prosecution for
possession, possession with the intent to furnish,
furnishing or cultivation of a usable amount of marijuana
under section 2383, Title 15, section 3103 or Title 17-A,
chapter 45 that the defendant was a designated care giver
under this subsection if the person to whom the marijuana
was to be furnished or for whom it was cultivated was an
eligible patient.'

SUMMARY


This amendment is the report of the majority of the members of
2 committees, the Joint Standing Committee on Criminal Justice
and the Joint Standing Committee on Health and Human Services.


This amendment replaces the bill and changes the title. It
clarifies the definition of a designated care giver for a patient
eligible to use marijuana for medical purposes, it increases the
amount of harvested marijuana that may be possessed for medical
purposes from 1.25 ounces to 2.5 ounces and it adds an
affirmative defense provision to clarify that an eligible patient
or designated care giver has an affirmative defense under the law
passed as a citizen initiative in 1999. It removes from the bill
the provisions that would have established a nonprofit
distribution center governed by a community board and a mandatory
registration system.