Tuesday, February 11, 2014

Upcoming Important Public Hearings on Bills to change Maine's Medical Marijuana Laws



This is reprinted from the Medical Marijuana Caregivers of Maine website
There will be Public Hearings this week on three bills that would change Maine's medical marijuana laws.
When: Tuesday, February 11th, starting 1:00pm
Where: Health and Human Services Committee, Room 209, Cross Building, Capitol Complex, Augusta
What: Patients, Caregivers, and all who care about Maine's medical marijuana law are encouraged to attend and testify at the Public Hearings on proposed changes to Maine's medical marijuana law this Tuesday, February 11th, in Augusta.
If you can't attend the Hearings, you can email written testimony to the Committee Clerk: beth.walker@legislature.maine.gov
You can listen to the hearings live online at: http://www.maine.gov/legis/audio/health_cmte.html
Phone calls, emails, and letters to your Representative and Senator can have a major impact on the outcome of these bills. You can find your Representative and Senator's contact information at: http://www.maine.gov/legis/house/townlist.htm
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Summary of Bills:
LD 1739 An Act To Amend the Maine Medical Use of Marijuana Act 
Sponsored By: Representative MARK DION of Portland Cosponsored By: Representative GATTINE of Westbrook; Senator HAMPER of Oxford; Representative HICKMAN of Winthrop
Note: This bill is being put in at the request of the Department of Health & Human Services, but some of the bill's Sponsors appear open to making changes.
Key changes proposed by the DHHS Bill:
1. Adds certified nurse practitioners to the list of medical professionals allowed to issue a written certification for the qualifying patient's medical use of marijuana.
2. Prohibits the use, possession or sale of kief, defined as: “the tetrahydrocannabinol crystals and hairs from cannabis plants that have been extracted by scraping or shaking or another method.”
3. Clarifies that tinctures containing marijuana are considered food containing marijuana, and fall under the same legal restrictions on the production and sale of foods containing marijuana.
4. Amends the Maine Medical Use of Marijuana Act to state that a registered caregiver is allowed to: “Assist a maximum of 5 patients who have designated the primary caregiver to cultivate marijuana for their medical use of marijuana.” (The current provision states that a caregiver can “Assist no more than 5 patients at any one time.”)
5. Clarifies that a medical provider's written certification for the medical use of marijuana expires within one year after issuance (allowing a recommendation to be dated for less than a year.)
6. Authorizes disclosure of registered primary caregiver and dispensary information to the Department of Administrative and Financial Services, Maine Revenue Services for taxation compliance purposes.
7. Authorizes the DHHS to investigate complaints against a registered primary caregiver or a registered dispensary to ensure compliance.
8. Authorizes the Office of the Attorney General to file a complaint with the District Court seeking civil fines. injunctive relief, or both for a violation by a registered primary caregiver or a registered dispensary.
9. Authorizes the DHHS to collect, possess, transport and perform laboratory testing on soil and plant samples, and samples of products containing marijuana from registered primary caregivers and registered dispensaries to determine compliance and for evidence purposes.
10. Moves regulation of best practices for pesticide use on medical marijuana from the Department of Agriculture, Conservation and Forestry, to the Department of Health and Human Services.
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LD 1623
An Act To Further Protect Patient Access to Safe Medical Marijuana by Allowing Dispensaries To Purchase Excess Marijuana from Other Dispensaries
Sponsored by Representative Deb Sanderson of Chelsea. Cosponsored by Senator Margaret Craven of Androscoggin; Senator Tom Saviello of Franklin; Representatives Farnsworth of Portland; Gattine of Westbrook; Wilson of Augusta
Summary: This bill allows Maine dispensaries to purchase and sell excess prepared marijuana from and to each other.
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LD 1597 An Act To Clarify Provisions of the Maine Medical Use of Marijuana Act
Sponsored by: Representative Drew Gattine of Westbrook Cosponsored by: Senator Tom Saviello of Franklin; Representatives Casavant of Biddeford; Farnsworth of Portland; Hickman of Winthrop; McCabe of Skowhegan; Sanderson of Chelsea
Summary: This bill amends the Maine Medical Use of Marijuana Act to specify that access to a marijuana cultivation facility operated by a patient, a primary caregiver or a dispensary is open to government officials acting within the scope of their employment, under the direct supervision of the patient, the primary caregiver or a principal officer, board member or employee of the dispensary. Currently, a dispensary is subject to inspection by the Department of Health and Human Services, but there is no law allowing government officials (other than law enforcement with a warrant) to inspect a caregiver of patient's personal cultivation site.
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Maine's medical marijuana laws have been improving over the years, thanks in part to everyone who has taken the time to contact their legislators and give testimony at Public Hearings.

The content of these bills is expected to change in response to input at the Public Hearing and the Work Sessions that will follow in the coming weeks. If the bills are reported out of the Health & Human Services Committee, the House of Representatives and Senate will vote on the legislation sometime in late Winter or early Spring.

More information on this and other proposed changes to Maine's medical marijuana laws can be found at: http://www.mmcmonline.org/news.html

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