AUGUSTA -- Voters on Nov. 3 will decide whether to expand the state's medical marijuana law, which was originally approved in 1999.

If revised, the law would also allow nonprofit dispensaries to open across the state and add to the number of conditions for which a doctor can recommend the drug.

The Maine Marijuana Policy Initiative gathered the signatures necessary to call for a citizen vote. But the measure has drawn fire from the Maine Prosecutors Association, the head of the state Center for Disease Control and Prevention, and some medical marijuana users who say it isn't workable.

Supporters say the dispensaries are needed because current law doesn't provide an easy way for people with medical permission to get legal access to the drug.

1. What does current state law allow?

Current Maine state law allows doctors to recommend the use of marijuana for conditions including "persistent nausea, vomiting, wasting syndrome or loss of appetite" caused by AIDS, cancer, glaucoma, epilepsy and multiple sclerosis.

The law allows patients to grow up to six plants so they can supply their own marijuana. Of those six plants, only three may be flowering at any one time. Also, patients can designate a care giver to grow it for them.

2. What would this new law do?

If approved by voters, the new law would put in place a definition of "debilitating medical condition" that includes all of the currently covered conditions plus Crohn's disease, Alzheimer's and hepatitis C. It also gives doctors the ability to recommend marijuana for pain that has not responded to other treatments.

In addition, it requires the state Department of Health and Human Services to set up a system that would allow the public to petition the state to add to the list of debilitating medical conditions.

The law would allow nonprofit dispensaries -- which have operated in other states but not in Maine -- to grow up to six plants per patient.

The dispensaries would have to be nonprofit, pay a $5,000 fee and make sure all cultivation takes place in "an enclosed, locked facility." Anyone convicted of a felony drug offense may not be an officer, board member or employee of a dispensary.

Dispensaries could not be located within 500 feet of a public or private school. Local cities and towns will have the power to limit the number of dispensaries and can enact zoning regulations.

The law also establishes that a medical marijuana patient cannot be denied custody or visitation with a child unless the person behaves in a way that "creates an unreasonable danger" that can be substantiated.

3. How many other states allow medical marijuana or dispensaries?

Maine is one of 13 states to allow the use of medical marijuana. If Question 5 passes, Maine would be the fifth state to permit dispensaries.

Other states with dispensaries either operating or planned are California, New Mexico, Rhode Island and Colorado.

4. Isn't marijuana illegal?

The federal government considers marijuana illegal, classifying it as a Schedule I drug along with heroin and LSD, according to the U.S. Department of Justice.

In recent years, the federal government tried to enforce the law in states such as California, which has a state-level medical marijuana law. However, the U.S. Supreme Court in May dismissed claims filed by two California counties that argued the state's medical marijuana law should be thrown out because it conflicts with federal law.

In March, U.S. Attorney General Eric Holder said raiding medical marijuana dispensaries would not be a high priority for his office, even though possession or cultivation of marijuana remains illegal under federal law.

5. How many people in Maine use medical marijuana?

There is no state patient registry and there are no state records that track this number, according to the Maine Office of Substance Abuse.

In Rhode Island, which has a slightly smaller population than Maine, there are 900 licensed medical marijuana users and about 725 licensed caregivers who are allowed to grow marijuana for specified patients, according to the Rhode Island Department of Health.

Qualified patients can grow their own marijuana or are allowed to designate up to five caregivers, which accounts for the nearly one-to-one ratio, said department spokeswoman Annemarie Beardsworth.

6. Why are we voting on this?

A group called the Maine Marijuana Policy Initiative gathered enough signatures to bring the question forward to the Legislature.

At a Health and Human Services Committee public hearing in April, medical marijuana patients talked about why they need improved access to the drug.

Law enforcement officials, including the head of the state's drug enforcement agency and a local prosecutor, testified in opposition, saying they feared easier access to marijuana would increase crime.

The committee voted to put the citizen initiative on the ballot. Question 5 is one of four citizen initiatives for voters to consider next month.

7. Is there a cost associated with this bill?

The Department of Health and Human Services will establish fees for patients who want to get an identification card. Those who want to open a dispensary will be required to pay a $5,000 registration fee.

The state fiscal office estimates that this income will offset costs associated with overseeing the dispensaries and the creation of a substance abuse program specialist position within the Office of Substance Abuse.

8. Who has given money in support of Question 5?

The Drug Policy Alliance of New York City has given $30,000 this year in support of Question 5.

The only other contributor was Joseph Perseille of Charlotte, N.C., who gave $100, according to campaign finance reports.

9. Who has given money in opposition to Question 5?

No groups have formed a political action committee to raise and spend money to oppose the issue. Opposition has come from Maine Citizens for Medical Marijuana, which objects to the cost of a dispensary license, oversight by the state Department of Health and Human Services, and restrictions that say convicted felons can't run a dispensary.

10. If approved, when would the new law take effect?

The law would take effect 30 days after the governor certifies the voting results.

Susan Cover -- 620-7015

scover@centralmaine.com