Maine Revised Statutes

Title 22: HEALTH AND WELFARE; Chapter 558-C

Maine Medical Use of Marijuana Act amended to read:
2422. DEFINITIONS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[2009, c. 1, 5 (NEW).]
1. Cardholder. "Cardholder" means a qualifying patient, a registered primary caregiver, an employee of a registered primary
caregiver or a principal officer, board member or employee of a registered dispensary or a marijuana testing facility who
has been issued and possesses a valid registry identification card.
[ 2015, c. 475, 1 (AMD) .]
1-A. Collective. "Collective" means an association, cooperative, affiliation or group of primary caregivers who
physically assist each other in the act of cultivation, processing or distribution of marijuana for medical use for the benefit
of the members of the collective.
[ 2011, c. 407, Pt. B, 1 (NEW) .]
1-B. Certified nurse practitioner. "Certified nurse practitioner" means a registered professional nurse licensed under
Title 32, chapter 31 who has received postgraduate education designed to prepare the nurse for advanced practice registered
nursing in a clinical specialty in nursing that has a defined scope of practice and who has been certified in the clinical
specialty by a national certifying organization acceptable to the State Board of Nursing.
[ 2013, c. 516, 1 (NEW) .]
1-C. Clone means a rooted "cutting" from a cannabis plant that is sized as per seedling as defined under this chapter.
1-D. Cannabis or "marijuana" means any part of the cannabis plant including the leaves, seeds, stems and flowers of
all species of the plant genus cannabis, whether growing or not, and the resin and cannabinoids extracted for medical use
from any part of such plant. For purposes of this chapter prepared cannabis products, edibles, tinctures, infusions,
extractions, distillations and purifications are allowable forms of prepared, harvested marijuana for medical use.
1-E Cannabis plant means the genus of the plant that includes three species or subspecies, sativa, indica, and ruderalis
or hybrids thereof.
2. Debilitating medical condition. "Debilitating medical condition" means:
A.Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C,
amyotrophic lateral sclerosis, agitation of Alzheimers disease, nail-patella syndrome or the treatment of these conditions;
[2013, c. 361, 1 (AMD).]
B.A chronic or debilitating disease or medical condition or its treatment that produces intractable pain, which is pain that has
not responded to ordinary medical or surgical measures for more than 6 months or for which it is the medical providers
opinion is not managed effectively by prescription narcotics; [2009, c. 1, 5 (NEW).]
C.A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia
or wasting syndrome; severe nausea; or seizures, including but not limited to those characteristic of epilepsy; [2013, c.
361, 1 (AMD).]
D. Any other medical condition or its treatment as provided for in section 2424, subsection 2; or
[2013, c. 361, 1 (AMD).]
E.Post-traumatic stress disorder, inflammatory bowel disease, dyskinetic and spastic movement disorders and other diseases
causing severe and persistent muscle spasms.; or [2013, c. 361, 1 (NEW).]
F. A diagnosed medical condition for which it is the patients medical providers opinion that the patient may benefit
from the therapeutic use of cannabis.
[ 2013, c. 361, 1 (AMD) .]
3. Enclosed, locked facility. "Enclosed, locked facility" means a closet, room, building, greenhouse or other indoor or
outdoor enclosed area that is enclosed and equipped with locks or other security devices that permit access only by the
individual authorized to cultivate the marijuanaunder this chapter.

[ 2011, c. 407, Pt. B, 3 (AMD) .]

3-A. Extended inventory supply interruption. "Extended inventory supply interruption" means any circumstance
that prevents the patients designated cultivation source from providing for an extended period of time the medical use
marijuana for the patients qualifying medical condition. Extended inventory supply interruption includes any circumstance
that:
A.Requires a registered dispensary or a patients designated primary caregiver to limit for more than a 2-week period the
amount that a patient may purchase to less than 2 1/2 ounces during a 15-day period; or [2013, c. 503, 1
(NEW).]
B.Prevents a registered dispensary from consistently offering for a 2-week period or longer a full range of strains of marijuana,
including but not limited to strains rich in cannabidiol, to a patient; or. [2013, c.503, 1 (NEW).]
[ 2013, c. 503, 1 (NEW) .]
C. Prevents an authorizd primary caregiver who has been designated to cultivate from initially or consistently offering
for a 2-week period or longer the strain of marijuana needed for the patients medical use; or
D. Results in catastrophic crop failure.
4. Disqualifying drug offense. "Disqualifying drug offense" means a conviction for a violation of a state or federal
controlled substance law that is a crime punishable by imprisonment for one year or more. It does not include:
A.An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed
10 or more years earlier; or [2009, c. 1, 5 (NEW).]
B.An offense that consisted of conduct that would have been permitted under this chapter. [2009, c. 1, 5
(NEW).]
[ 2009, c. 631, 10 (AMD);

2009, c. 631, 51 (AFF) .]

4-A. Incidental amount of marijuana. "Incidental amount of marijuana" means an amount of nonflowering marijuana,
including the seeds, stalks, leaves, stems, and roots that is not intended to be used for medical use. Incidental marijuana is
considered disposable and not included in calculating the total usable amount.; and harvested, dried unprepared marijuana
defined by rules adopted by the department.
[ 2015, c. 475, 2 (AMD) .]
4-B. Mature marijuana plant. "Mature marijuana plant" means a harvestableflowering female marijuana cannabis
plant that is flowering.
[ 2011, c. 407, Pt. B, 4 (NEW) .]
4-C. Medical provider. "Medical provider" means a physician or a certified nurse practitioner.
[ 2013, c. 516, 2 (NEW) .]
4-D. Harvested marijuana means marijuana including all forms of cannabis and cannabis concentrations, infusions,
purifications, and extractions derived by physical means or solvent-less or solvent based extractions for medical use by a
patient, but does not include the seeds, stalks, leaves and roots of the plant that are not dried for use and are disposed. In
calculating the weight of harvested marijuana to determine the total amount in possession, the ingredients, other than
cannabis, contained in products including ointments and other topicals, tinctures, extracts, and other edible products or
other preparations are not included. The harvested marijuana intended for use by a patient that is not dried to be suitable for
a patients use shall be considered to be no more than 25% of the actual weight to account for moisture content.
4-E. Immature plant means a non-flowering marijuana plant of which the main stalk measures more than 24 inches
from the grow medium to the apex of the cannabis plant or more than 18 inches measuring from the main stalk of the plant
to the most distant point of the plants leave stem or branch.
4-F. Excess marijuana means the amount of harvested marijuana or cannabis plants that is greater than the quantities
permitted under this chapter and rules adopted by the Department. Excess marijuana includes the incidental marijuana
seeds, stalks, and leaves and roots of the plant that are not intended for use.
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 patients debilitating medical condition.

[ 2011, c. 407, Pt. B, 5 (AMD) .]

5-A. Member of the family. "Member of the family" means a person who is a spouse, domestic partner, child, sibling,
aunt, uncle, niece, nephew, parent, stepparent, grandparent or grandchild of another person. "Member of the family"
includes a person living with a person as a spouse and a natural parent of a child of a person.
[ 2011, c. 407, Pt. B, 6 (NEW) .]

5-B. Members of the same household. "Members of the same household" means 2 or more people Maine residents
who domicileshare in a shared dwelling unit.
[ 2011, c. 407, Pt. B, 6 (NEW) .]
5-C. Marijuana testing facility. "Marijuana testing facility" means a public or private laboratory that:
A.Is licensed, certified or otherwise approved by the department in accordance with rules adopted by the department
under section 2423-A, subsection 10, paragraph D to analyze contaminants in and the potency and cannabinoid profile
of samples; and [2015, c. 475, 3 (NEW).]
B.Is accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party
accrediting body or is certified, registered or accredited by an organization approved by the department. [2015, c.
475, 3 (NEW).]
[ 2015, c. 475, 3 (NEW) .]
5-D. Non-flowering means a cannabis plant that is in a stage of growth such that its pistils are not showing yet or a preflower stage and the plant has only begun to show pistils protruding in pairs from scattered calyxes.
6. Registered dispensary. "Registered dispensary" or "dispensary" means a not-for-profit entity registered under section 2428
that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana or
related supplies and educational materials to qualifying patients and the primary caregivers of those patients.
[ 2011, c. 407, Pt. B, 7 (AMD) .]
6-A. Onsite assessment.
[ 2011, c. 407, Pt. B, 8 (RP) .]
6-B. Onsite assessment means an inspection by the department of premises related to conduct described herein for
the purpose of assessing compliance with this chapter or rules adopted.
7. Physician. "Physician" means a person licensed as an osteopathic physician by the Board of Osteopathic Licensure
pursuant to Title 32, chapter 36 or a person licensed as a physician or surgeon by the Board of Licensure in Medicine
pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration
license to prescribe drugs.
[ 2009, c. 631, 14 (AMD);

2009, c. 631, 51 (AFF) .]

8. Primary caregiver.
[ 2009, c. 631, 51 (AFF);

2009, c. 631, 15 (RP) .]

8-A. Primary caregiver. "Primary caregiver" means a person or an employee of that person, a hospice provider
licensed under chapter 1681 or a nursing facility licensed under chapter 405 that provides care for a qualifying patient in
accordance with section 2423-A, subsection 2. A person who is a primary caregiver must be at least 21 years of age and
may not have been convicted of a disqualifying drug offense.
[ 2013, c. 396, 1 (AMD) .]
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.
[ 2013, c. 516, 3 (AMD) .]

10.
Registered nonprofit dispensary. "Registered nonprofit dispensary" means a nonprofit dispensary that is
registered by the department pursuant to section 2428, subsection 2, paragraph A.
[ 2009, c. 1, 5 (NEW) .]
11.
Registered primary caregiver. "Registered primary caregiver" means a primary caregiver who is registered by
the department pursuant to section 2425, subsection 4.
[ 2011, c. 407, Pt. B, 11 (AMD) .]
12.
Registered patient. "Registered patient" means a qualifying patient who is registered by the department pursuant
to section 2425, subsection 1.
[ 2011, c. 407, Pt. B, 12 (AMD) .]

13.
Registry identification card. "Registry identification card" means a document issued by the department that
identifies a person as a registered primary caregiver, an employee of a registered primary caregiver or a principal officer,
board member or employee of a dispensary or a marijuana testing facility.
[ 2015, c. 475, 4 (AMD) .]
13-A. Tamper-resistant paper. "Tamper-resistant paper" means paper issued by the department that possesses an
industry-recognized feature that prevents copying of the paper, erasure or modification of information on the paper and the
use of counterfeit documentation.
[ 2011, c. 407, Pt. B, 13 (NEW) .]
14.
Prepared marijuana. "Prepared marijuana" means the dried harvested marijuana leaves and flowers and the byproducts of the dried leaves and flowers of the marijuana cannabis plant that require no further processing and any mixture
or preparation of those dried leaves and flowers and by-products, including but not limited to tinctures, ointments, extracts,
edibles and other preparations, but does not include the seeds, stalks, leaves that are disposed of and not dried for use, and
roots of the plant and does not include the ingredients, other than marijuana, in tinctures, ointments or other preparations
that include marijuana as an ingredient or food or drink prepared with marijuana as an ingredient for human consumption.
[ 2013, c. 516, 4 (AMD) .]
14-A. Sample. "Sample" means any marijuana or product containing marijuana regulated under this chapter that is
provided for testing or research purposes to a marijuana testing facility by a qualifying patient, designated primary
caregiver or dispensary.
[ 2015, c. 475, 5 (NEW) .]
14-B. Seedling means a non-flowering marijuana plant that measures 24 inches or less from the plant stalk at the plant
medium to the apex of the cannabis plant and measures 18 inches or less from the main plant stalk to the most distant point
of the plants leave stem.
15.
Visiting qualifying patient. "Visiting qualifying patient" means a 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.
[ 2009, c. 1, 5 (NEW) .]
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.
[ 2013, c. 516, 5 (AMD) .]
SECTION HISTORY
IB 2009, c. 1, 5 (NEW). 2009, c. 631, 8-19 (AMD). 2009, c. 631, 51
(AFF). 2011, c. 407, Pt. B, 1-15 (AMD). 2013, c. 361, 1 (AMD).
2013, c. 396, 1 (AMD). 2013, c. 503, 1 (AMD). 2013, c. 516, 1-5
(AMD). 2015, c. 475, 1-5 (AMD).

2423. PROTECTIONS FOR THE MEDICAL USE OF MARIJUANA

(REPEALED)
SECTION HISTORY
IB 2009, c. 1, 5 (NEW). 2009, c. 631, 51 (AFF). 2009, c. 631, 20 (RP).

2423-A. AUTHORIZED CONDUCT FOR THE MEDICAL USE OF MARIJUANA

1. Qualifying patient. Except as provided in section 2426, a qualifying patient may:
A.Possess up to 2 1/2 ounces of prepared to the allowable amount of marijuana for medical useand an incidental amount
of marijuana as provided in subsection 55-B;
[2009, c. 631, 21 (NEW); 2009, c. 631, 51 (AFF).]
B.Cultivate, or designate a primary caregiver to cultivate under paragraph F, up to a total of 6 mature marijuana plants,
except that a visiting qualifying patient may not cultivate. 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. Qualifying patients including patients who cultivate and visiting qualifying patients may have one
outside source designated to cultivate on behalf of the patient. No more than a total six mature marijuana plants may be
cultivated for medical use for a qualifying patient whether cultivated by the patient or the designated cultivation source
on behalf of the patient. 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 to cultivate and process the marijuana for their
medical use; [2011, c. 407, Pt. B, 16 (AMD).]
C.Possess marijuana paraphernalia; [2009, c. 631, 21 (NEW); 2009, c. 631, 51 (AFF).]
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, marijuana plants or seeds if nothing of value is offered or transferred in return; [2011, c.
407, Pt. B, 16 (AMD).]
E.Designate oneauthorized persons, including hospice providers or nursing facility, as a non- cultivating primary
caregivers 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 or patients legal guardian or representative, and
that includes including a one-yearan expiration date not to exceed the patients written certification and the signed
acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the information on
the designation formof the primary caregiver. The designation form must identify that the dispensary or primary
caregiver is acting as a cultivating or non-cultivating designee for the patient. A designee who is not specified as a
cultivation source on a patients designation form may not cultivate on behalf of the patient. A 2ndAny additional
authorized persons, or hospice providers or nursing facility may be designated as the patients a 2nd non-cultivating
primary caregiver to be authorized to assist that patient if that patient is under 18 years of age, is home bound or needs
assistance with the acquisition, preparation or administration of marijuana for medical use that has been cultivated by
the patient or another designated authorized source. 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; [2011, c. 407, Pt. B, 16 (AMD).]
F.Designate one primary caregiver or a registered dispensary to cultivate marijuana for the medical use offor 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-yearan expiration
date that does not exceed the patients written certification, the total number of mature plants the primary caregiver is
designated to cultivatethe cultivation source and the signed acknowledgment of the primary caregiver designee that the
designeeprimary caregiver may be contacted to confirm the information on the designation formof 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; [2013, c. 396, 2 (AMD).]
G.Be in the presence or vicinity of the medical use of marijuana, and assist any qualifying patient with using or
administering marijuana after verifying the patients written certification; [2015, c. 475,
6 (AMD).]
H.Accept excess prepared marijuana from a registered dispensary or a primary caregiver in accordance with subsection 2,
paragraph H if nothing of value is provided to the primary caregiver; and [2015, c. 475, 7 (AMD).]
I.Provide samples to a marijuana testing facility for testing and research purposes. [2015, c. 475,
8 (NEW).]

J. Acquire marijuana, including cannabis plants, clones and seedlings, from an authorized source in accordance with this
chapter.
[ 2015, c. 475, 6-8 (AMD) .]
1-A. Patient unauthorized conduct. A patient who violates provisions of this chapter or rules adopted by the
department may be subject to fines and penalties, and arrest and prosecution for the unauthorized conduct, regardless of the
patient possessing a current, valid written certification.

2. Primary caregiver. Except as provided in section 2426, a primary caregiver, for the purpose of assisting a qualifying
patient who has designated the primary caregiver as provided in subsection 1, may:
A. Possess up to an allowable amount of medical use marijuana, as provided in subsection 5-B.2 1/2 ounces of prepared
marijuana and an incidental amount of marijuana as provided in subsection 5 for each qualifying patient who has
designated the person as a primary caregiver; [2011, c. 407, Pt. B, 16 (AMD).]
B. Cultivate up to 6 mature marijuana plants for each qualifying patient who has designated the primary caregiver to
cultivate marijuana on the patient's behalf, subject to the limitation in subsection 1, paragraph B on the total number of
plants authorized per qualifying patient. A primary caregiver may not cultivate marijuana for a patient unless the
patient has designated the primary caregiver for that purpose and the patient has not designated a registered dispensary
to cultivate marijuana for the patient's medical use. In addition to the marijuana plants otherwise authorized under this
paragraph, a primary caregiver may have harvested marijuana plants in varying stages of processing in order to ensure
the primary caregiver is able to meet the needs of the primary caregiver's qualifying patients An authorized registered
primary caregiver may be designated to cultivate no more than 6 mature plants per registry identification card up to a
maximum 30 mature plants, 60 immature plants and unlimited seedlings. An authorized primary caregiver who is not
required to register by this chapter may possess marijuana on behalf of a patient up to the allowable amount pursuant
to subsection 5-B, unlimited seedlings and no more than 6 mature plants and 12 immature plants for each of the
maximum of two qualifying patients who are members of the primary caregivers household or family;
[2011, c. 407, Pt. B, 16 (AMD).]
C. Assist a maximum of 5 patients who have designated the primary caregiver to cultivate marijuana for their medical
usewith the patients medical use of marijuana;
[2013, c. 516, 6 (AMD).]
D.Receive reasonable monetary compensation for costs associated with assisting a qualifying patient who designated the
primary caregiver; [2011, c. 407, Pt. B, 16 (AMD).]
E.Receive reasonable monetary compensation for costs associated with cultivating marijuana for a patient who
designated the primary caregiver to cultivate marijuana; [2011, c. 407, Pt. B,
16 (AMD).]
F.Be in the presence or vicinity of the medical use of marijuana and assist any patient with the medical use,
administration or preparation of marijuana; [2011, c. 407, Pt. B, 16 (AMD).]
G.Prepare food as defined in section 2152, subsection 4 containing marijuana, including tinctures of marijuana, for
medical use by a qualifying patient pursuant to section 2152, subsection 4-A and section 2167; [2013, c. 516,
7 (AMD).]
H.For the purpose of disposing of excess prepared marijuana, transfer prepared marijuana to a registered dispensary, a
qualifying patient or another designated primary caregiver if nothing of value is provided to the primary caregiver. A
primary caregiver who transfers prepared marijuana pursuant to this paragraph does not by virtue of only that transfer
qualify as a member of a collective; [2013, c. 588, Pt. A, 25 (RPR).]
I.If the registered primary caregiver is designated to cultivate, eEmploy one persons age 21 or older to assist in
performing the duties ofdesignated by the qualifying patient to the registered primary caregiver. The number of
employees may not exceed the number of active registry identification cards issued to the registered primary caregiver;
[2013, c. 588, Pt. A, 26 (AMD).]
(Paragraph I as enacted by PL 2013, c. 371, 3 is REALLOCATED TO TITLE 22, SECTION 2423-A, SUBSECTION
2, PARAGRAPH J) (Paragraph I as enacted by PL 2013, c. 393, 3 is REALLOCATED TO TITLE 22, SECTION
2423-A, SUBSECTION 2, PARAGRAPH K)
J.(REALLOCATED FROM T. 22, 2423-A, sub-2, I) Use a pesticide in the cultivation of marijuana if the pesticide is
used consistent with federal labeling requirements, is registered with the Department of Agriculture, Conservation and
Forestry, Board of Pesticides Control pursuant to Title 7, section 607 and is used consistent with best management
practices for pest management approved by the Commissioner of Agriculture, Conservation and Forestry. A registered
primary caregiver may not in the cultivation of marijuana use a pesticide unless the registered primary caregiver or the
registered primary caregiver's employee is certified in the application of the pesticide pursuant to section 1471-D and
any employee who has direct contact with treated plants has completed safety training pursuant to 40 Code of Federal
Regulations, Section 170.130. An employee of the registered primary caregiver who is not certified pursuant to section
1471-D and who is involved in the application of the pesticide or handling of the pesticide or equipment must first
complete safety training described in 40 Code of Federal Regulations, Section 170.230; [2015, c. 475, 9
(AMD).]

K.(REALLOCATED FROM T. 22, 2423-A, sub-22, I) For the purpose of disposing of excess prepared marijuana,
transfer prepared marijuana to an authorized registered dispensary or designated primary caregiver for reasonable
compensation. The transfer of prepared marijuana by a primary caregiver to one or more dispensaries or primary
caregivers under this paragraph is limited to a registered cultivating primary caregiver. A registered primary caregiver
may not transfer more than 2 pounds of excess prepared harvested marijuana for reasonable compensation under this
paragraph in a calendar yearat one time. A transfer of cannabis plants may not exceed 6 mature plants and 12
nonflowering plants. A primary caregiver who transfers prepared marijuana pursuant to this paragraph does not by
virtue of only that transfer qualify as a member of a collective; [2015, c. 475, 10 (AMD).]
L.If the primary caregiver is Aa registered primary caregiver, may provide samples to a marijuana testing facility for
testing and research purposes; and [2015, c. 475, 11 (NEW).]
M.If the primary caregiver is a registered primary caregiver, conduct marijuana testing at the request of anyone authorized
to possess marijuana under this chapter for research and development purposes only. At no time is the primary
caregiver permitted to exceed the allowable amounts of marijuana permitted under this chapter. [2015, c. 475,
11 (NEW).]
[ 2015, c. 475, 9-11 (AMD) .]
N. For the purpose of cultivating marijuana for a patients medical use, the primary caregiver designated by the patient
to cultivate and experiencing an inventory supply interruption may acquire and possess seeds and cannabis plants in
accordance with this chapter and rules adopted by the department. The primary caregiver designated by a patient to
cultivate and unable to assist the patient initially may acquire harvested marijuana on behalf of the patient from an
authorized source during the period of the inventory interruption to ensure the qualifying patients access to marijuana
for medical use.
O. A registered primary caregiver designated to cultivate may furnish seeds and cannabis plants to a person authorized
to cultivate for reasonable compensation and such transfer of cannabis plants may not exceed 6 mature plants and 12
nonflowering plants. A primary caregiver or dispensary must be designated to cultivate by a patient to acquire and
possess the cannabis seeds and plants on behalf of the patient. Any person acquiring seeds and cannabis plants as
described in this paragraph must have record of the lawful transfer that includes the registry identification card number
of the primary caregiver furnishing the marijuana, date of transfer and cost.
P. A registered primary caregiver may assist a qualifying patient and the qualifying patients designated primary
caregiver with the medical use of marijuana, including the acquisition, preparation or administration of marijuana for
reasonable compensation. The transfer of harvested marijuana or product containing prepared marijuana by a registered
primary caregiver to a patients designee under this paragraph for reasonable compensation is limited to a registered
caregiver who is designated to cultivate and such transfer of harvested marijuana by the primary caregiver may not
exceed 2 pounds. A non-cultivating primary caregiver is prohibited from acquiring harvested marijuana or product
containing marijuana to furnish to a patient except from that patient or that patients designated cultivation source. The
primary caregiver must maintain a record of lawful transfer or the sale of harvested marijuana that includes the registry
identification card number of the source of the marijuana, date of transfer and cost.
2-A. Authorized conduct for cultivating primary caregivers. A primary caregiver may be issued a registry
identification card to cultivate marijuana for a patients medical use. An authorized primary caregiver issued up to a
maximum of five registry identification cards is required to have one valid patient designation for each registry
identification card to support cultivation. No primary caregiver may cultivate without a designation by a patient to cultivate.
A primary caregiver is authorized to cultivate marijuana for medical use when the primary caregiver is in possession of a
cultivating primary caregiver registry identification card and a designation by a patient to cultivate. The primary caregiver
must lawfully dispose of excess harvested marijuana and cannabis plants and seeds within 10 days of the date of
termination of the designation termination date, unless another patient designates the primary caregiver to cultivate. The
primary caregiver whose registry identification card is revoked by the department due to non-compliance must lawfully
dispose of all marijuana or forfeit marijuana within 10 days of notice of revocation. A registered primary caregiver
designated to cultivate is authorized to cultivate up to six mature plants, 12 immature plants and unlimited seeds and
seedlings per registry identification card. A registered primary caregiver cultivating marijuana must tag all plants with the
primary caregivers registry identification number. A primary caregiver designated to cultivate who is not required to
register may cultivate up to six mature plants and 12 immature plants and unlimited seeds and seedlings for each patient
who is a family member or a member of the primary caregivers household up to a maximum of two patients.
A. The primary caregiver shall track the number of patients who designate the primary caregiver to cultivate marijuana
for the patient medical use. The registered primary caregiver must submit, at least annually, a written statement of the
number of patients who have designated primary caregiver to cultivate marijuana for medical use. The statement may
be transmitted electronically. The department may provide by rule that the updated written statements may not be
issued more frequently than once a quarter.
2-B. Authorized conduct of an employee of a registered primary caregiver. Except as provided in section 2426, an
employee of a registered primary caregiver designated to cultivate may assist in duties designated to the primary caregiver by
a qualifying patient. The time worked for a primary caregiver may not be concurrent with time worked for another primary
caregiver or dispensary and primary caregiver employee who is employed by more than one primary caregiver must clearly

delineate the work performed for the respective employers. The primary caregiver employee must have an I-9 form and
maintain a record of hours worked to support payroll and for compliance monitoring purposes.
2-C Authorized conduct for non-cultivating primary caregiver. Except as provided in section 2423-A subsection 3,
paragraph C, a primary caregiver who does not cultivate is required to possess one registry identification card indicating
authorized conduct as a non-cultivating primary caregiver. The registry identification card issued to a non-cultivating
primary caregiver authorizes the primary caregiver to possess and transfer harvested marijuana on behalf of a patient who
has designated the primary caregiver. A non-cultivating primary caregiver may not possess more than the allowable amount
per patient and may not exceed the amount permitted for five patients at any time.

3. Cultivation of marijuana. The following provisions apply to the cultivation of marijuana by a qualifying patient under
subsection 1 and a primary caregiver under subsection 2.
A.A patient who elects to cultivate marijuana plants must keep the plants in an enclosed, locked facility unless the plants
are being transported because the patient is moving or taking the plants to the patient's own property in order to
cultivate the marijuanathem. Access to the cultivation facility is limited to the patient, except that the primary
caregiver designated by the patient, emergency services personnel, an employee of a marijuana testing facility or a
person who needs to gain access to the cultivation facility in order to perform repairs or maintenance or to do
construction may access the cultivation facility to provide those professional services while under the direct
supervision of the patient. [2015, c. 475, 12 (AMD).]
B.A primary caregiver who has been designated by a patient to cultivate marijuana for the patient's medical use must
keep all plants in an enclosed, locked facility unless the plants are being transported because the primary caregiver is
moving or taking the plants to the primary caregiver's own property in order to cultivate the marijuanathem. Cannabis
plants may be transported by an authorized person for the purpose of a lawful transfer in accordance with the chapter.
The primary caregiver shall use a numerical identification system to enable the primary caregiver to identify marijuana
plants cultivated for a patient. The numeric identification system must include the primary caregivers registry
identification card number, if applicable, on designation forms, marijuana plants and all transaction records. Access to
the cultivation facility is limited to the primary caregiver and the primary caregivers employee(s), except that an
elected official invited by the primary caregiver for the purpose of providing education to the elected official on
cultivation by the primary caregiver, emergency services personnel, an employee of a marijuana testing facility or a
person who needs to gain access to the cultivation facility in order to perform repairs or maintenance or to do
construction may access the cultivation facility to provide those professional services while under the direct
supervision of the primary caregiver. [2015, c. 475, 13 (AMD).]
C. A primary caregiver designated to cultivate marijuanato assist for a qualifying patient is required to register with the
department, except that the following primary caregivers who assist no more than two patients are not required to
register:
(1) A primary caregiver designated to cultivate for aby two or fewer qualifying patients if thatthe qualifying patients
are is a members of the household of that primary caregiver;
(2) Two primary caregivers who are qualifying patients, if those primary caregivers are members of the same
household and assist one another with cultivation; and
(3) A primary caregiver who cultivates for designated aby two or fewer qualifying patients if thatthe qualifying
patients are is a members of the family of that primary caregiver. [2011, c. 407, Pt. B, 16
(NEW).]
D.Two primary caregivers who are members of the same family or household may share the same enclosed, locked
facility. [2011, c. 407, Pt. B, 16 (NEW).]
E.A person who is authorized to cultivate marijuana under subsection 1 or 2 and who is employed by a primary caregiver
pursuant to subsection 2, paragraph I may not cultivate that person's own marijuana in the location used for cultivation
by the primary caregiver who employs that person, except that the employee who is a member of the registered
primary caregivers family or household may share the cultivation facility. [2013, c. 396, 8 (NEW).]
[ 2015, c. 475, 12, 13 (AMD) .]
4. Hospice provider or nursing facility. A registered patient may name a hospice provider licensed under chapter 1681 or a
nursing facility licensed under chapter 405 to serve as a registered primary caregiver. If a hospice provider or nursing
facility is named as a primary caregiver, the provider or facility shall complete the registration process with the department
and obtain a primary caregiver registration card and the staff of the provider or facility shall obtain registry identification
cardsfor staff providing direct care for the qualifying patient. To be issued a registry identification card, a staff person of a
hospice provider or nursing facility that has been named as a primary caregiver must be at least 21 years of age and may not
have been convicted of a disqualifying drug offense. The hospice provider or nursing facility and the staff of the provider or
facility may not cultivate marijuana for the patient.

[ 2009, c. 631, 21 (NEW);

2009, c. 631, 51 (AFF) .]

4-A. Use and storage in inpatient hospice facility or nursing facility permitted. A qualifying patient who is a
resident of a hospice provider facility licensed under chapter 1681 or nursing facility licensed under chapter 405, while in
the hospice provider facility or nursing facility, may use forms of prepared medical use marijuana that are permitted by the
facilitys policy and isnot smoked, including, but not limited to, vaporized marijuana or products in the form of edible
marijuana, and tinctures andor salves of marijuana. A qualifying patient who uses a form of prepared marijuana pursuant to
this subsection may store the prepared marijuana in the qualifying patient's room and is not required to obtain a registry
identification card or to designate the hospice provider or nursing facility as a primary caregiver under subsection 4. A
hospice provider or nursing facility is not required to be named as a primary caregiver by a qualifying patient who uses
prepared marijuana pursuant to this subsection. This subsection does not limit the ability of a hospice provider or nursing
facility to prohibit or restrict the use or storage of prepared marijuana by a qualifying patient.
[ 2013, c. 520, 1 (NEW) .]
5. Incidental amount of marijuana. For purposes of this section, any incidental amount of marijuana is lawful for a
qualifying patient or a primary caregiver to possess and is not included in the amounts of prepared marijuana specified in
this section. [ 2011, c. 407, Pt. B, 16 (AMD) .]
5-B. Allowable amount of marijuana. For the purpose of this chapter, the allowable amount of harvested marijuana
for medical use by patient includes all harvested marijuana and prepared forms, including tinctures, edibles, topicals and
other products containing infusions, extractions and purifications of cannabis. An authorized person may be allowed to
possess up to eight pounds of harvested marijuana in accordance with this chapter. The amount of seeds, leaves, stems,
roots or other part of the cannabis plant that is not intended for use possessed by an authorized person shall be considered
incidental excess and not included when calculating the total amount in possession. Any amount of excess marijuana must
be lawfully disposed or the person may be subject to enforcement action including revocation of authorized conduct.
Lawful transfers of harvested marijuana may not exceed 2 pounds of harvested marijuana in any one transfer and a visiting
patient may not be dispensed more than two and half ounces of harvested marijuana during a 15-day period.
A. Registered primary caregiver. A registered primary caregiver designated to assist a patient may possess up to
eight pounds of harvested marijuana per registry identification card, up to a maximum of 5 cards. For each registry
identification card, the primary caregiver must be designated by a patient.
B. Primary caregiver for family or household member. A designated primary caregiver who is not required to
register may possess up to eight pounds of harvested marijuana on behalf of the patient who is a member of the
primary caregivers family or household. The designated primary caregiver who does not register may assist a
maximum two patients who are household or family members.
C. Registered dispensary. A registered dispensary may possess no more than eight pounds of harvested marijuana on
behalf of patient who has designated the dispensary.
D. Qualifying patients. A qualifying patient may possess up to eight pounds of harvested marijuana for medical use,
except that a visiting qualifying patient may not possess more than two and half ounces of marijuana during a 15
day period.
6. Onsite assessments by the department.
[ 2011, c. 407, Pt. B, 16 (RP) .]
6-B. Onsite assessments. For the purpose of assessing compliance, the department may conduct an inspection or
onsite assessment to determine the state of compliance with the provisions of this chapter and rules adopted by the
department. Persons authorized conduct under this chapter are subject to reasonable inspection by the department at least
annually. The department may initiate an onsite assessment to ensure compliance, including conducting an inspection prior
to issuing a registry identification card and in response to a report alleging noncompliance. The department must request
permission to enter a persons private residence and no such entry or inspection of a persons private residence shall occur
without the presence of the primary caregiver or patient. The department shall make reasonable efforts to coordinate an
agreeable time for an onsite assessment or inspection that is within 10 days of the departments notice to inspect, unless the
department has determined alleged conduct jeopardizes health or safety. Access to a cultivation area may require specific
measures be taken to reduce potential contamination prior to entry. The department shall disclose the reason for the onsite
assessment to the authorized person prior to inspecting those premises where there is conduct related to the cultivation,
processing and distribution of marijuana for medical use. Failure to comply with the departments request to access the
areas used for the cultivation and preparation of marijuana for medical use for the purpose of assuring compliance may be
grounds for revocation of authorized conduct in accordance with this chapter. Rules adopted pursuant to this subsection are
routine technical rules as defined in Title 5, chapter 375.
7. Excess marijuana; forfeiture. A person who possesses marijuana seedlings, marijuana plants or prepared harvested
marijuana in excess of the limits provided in this section and rules adopted under this section must forfeit the excess
amounts to a law enforcement officer, or to the department at the time of an inspection. The law enforcement officer or
department is authorized to remove all excess marijuana seedlings,cannabis marijuana plants and prepared harvested
marijuana in order to catalog the amount of excess marijuana. An authorized person in possession of excess marijuana shall
have the opportunity to lawfully dispose of the marijuana that is in excess of the limits permitted. Possession of marijuana

in excess of the limits is subject to DHHS review. The amount determined to be excess marijuana, and only the excess, is a
violation as follows:
A. Possession of marijuana in an excess amount up to 2 1/2 ounces is a violation of section 2383; and
[2011, c. 383, 1 (NEW).]
B. Possession of marijuana in an excess amount over 2 1/2 ounces is a violation of Title 17-A, chapter 45.
[2011, c. 383, 1 (NEW).]
(Subsection 7 as enacted by PL 2011, c. 407, Pt. B, 16 is REALLOCATED TO TITLE 22, SECTION 2423-A,
SUBSECTION 9)
[ 2011, c. 383, 1 (NEW).]
8. Repeat forfeiture. If a cardholder has previously forfeited excess marijuana pursuant to subsection 7 and a subsequent
forfeiture occurs, the department shall revoke the registry identification card of the cardholder and the entire amount of
marijuana seedlings, marijuana plants, and prepared harvested marijuana and product containing marijuana must be
forfeited to a law enforcement officer. The department shall adopt rules to implement this subsection. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[ 2011, c. 383, 1 (NEW) .]
9. (REALLOCATED FROM T. 22, 2423-A, sub-7) Collectives prohibited. Collectives are prohibited under this chapter. A
person may not form or participate in a collective.
[ 2011, c. 1, 31 (RAL) .]
10.

Marijuana testing facility. The following provisions apply to a marijuana testing facility.
A.A marijuana testing facility may receive and possess samples from qualifying patients, designated primary caregivers
and dispensaries to provide testing for the cannabinoid profile and potency of the samples and for contaminants in the
samples, including but not limited to mold, mildew, heavy metals, plant regulators and illegal pesticides. For the
purposes of this paragraph, "plant regulator" has the same meaning as in Title 7, section 604, subsection 26. [2015,
c. 475, 14 (NEW).]
B.An employee of a marijuana testing facility may have access to cultivation facilities pursuant to subsection 3,
paragraphs A and B and section 2428, subsection 6, paragraph I. [2015, c. 475,
14 (NEW).]
C. A marijuana testing facility shall:
(1) Properly dispose of marijuana residue in compliance with department rules;
(2) House and store marijuana in the facility's possession or control during the process of testing, transport or analysis
in a manner to prevent diversion, theft or loss;
(3) Label marijuana being transported to and from the facility with the following statement: "For Testing Purposes
Only";
(4) Maintain testing results as part of the facility's business books and records; and
(5)

Operate in accordance with rules adopted by the department. [2015, c. 475, 14 (NEW).]

D. The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A governing
marijuana testing facilities, including but not limited to:
(1) Marijuana testing facility director qualification requirements;
(2) Required security for marijuana testing facilities; and
(3) Requirements for the licensing, certifying or other approval of marijuana testing facilities.
[2015, c. 475, 14 (NEW).]
[ 2015, c. 475, 14 (NEW) .]
11.
Immunity. The immunity provisions in this subsection apply to a marijuana testing facility's principal officers,
board members, agents and employees. Any immunity provision in this chapter in conflict with this subsection does not
apply to a marijuana testing facility.
A.A marijuana testing facility is not subject to prosecution, search, seizure or penalty in any manner, including but not
limited to a civil penalty or disciplinary action by a business or an occupational or professional licensing board or

10

entity, and may not be denied any right or privilege solely for acting in accordance with this chapter. [2015, c.
475, 14 (NEW).]
B.A principal officer, board member, agent or employee of a marijuana testing facility is not subject to arrest,
prosecution, search, seizure or penalty in any manner, including but not limited to a civil penalty or disciplinary action
by a business or an occupational or professional licensing board or entity, and may not be denied any right or privilege
solely for working for or with a marijuana testing facility to test marijuana provided by a qualifying patient, registered
primary caregiver or dispensary. [2015, c. 475, 14 (NEW).]
12.
Interest. A principal officer, board member or employee of a registered dispensary or primary caregiver may not
have a financial or other interest in a marijuana testing facility providing services associated with product labeling for that
dispensary or primary caregiver.
[ 2015, c. 475, 14 (NEW) .] SECTION HISTORY
2009, c. 631, 21 (NEW). 2009, c. 631, 51 (AFF). RR 2011, c. 1, 31
(COR). 2011, c. 383, 1 (AMD). 2011, c. 407, Pt. B, 16 (AMD).
RR 2013, c. 1, 39, 40 (COR). 2013, c. 371, 1-3 (AMD). 2013, c. 374,
1 (AMD). 2013, c. 393, 1-3 (AMD). 2013, c. 396, 2-8 (AMD). 2013,
c. 424, Pt. G, 1 (AMD). 2013, c. 424, Pt. G, 2 (AFF). 2013, c. 498,
1 (AMD). 2013, c. 501, 1 (AMD). 2013, c. 516, 6, 7 (AMD). 2013,
c.
520, 1 (AMD). 2013, c. 588, Pt. A, 25, 26 (AMD). 2013, c. 588, Pt. D, 3 (AMD).
2015, c. 475, 6-14 (AMD).

2423-B. AUTHORIZED CONDUCT BY A MEDICAL PROVIDER

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. [2013, c. 516, 8 (AMD).]
1. Adult qualifying patient. Prior to providing written certification for the medical use of marijuana under this section, a
medical provider shall inform an adult qualifying patient or the patients legal guardian or representative of the risks and
benefits of the medical use of marijuana and that the patient may benefit from the medical use of marijuana.
[ 2013, c. 516, 8 (AMD) .]
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 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 3
business days of receipt of the request, the treating medical provider may provide written certification for treatment without
consultation with a physician. In the absence of a list of physicians willing to consult on minor certifications, the department
shall inform the physician within 1 business day of the physicians request for consultation that the physician may proceed
with the certification process.
A. Cost of consulting a second physician for a minor. The parent or legal guardian of a minor may submit a request
to the department for the cost associated with obtaining a second opinion required by this chapter. Requests shall be
submitted on a form developed by the department. The department shall review the familys annual income and
expenses in determining whether the department will use the Marijuana Fund established under section 2430 to
reimburse the family for the cost of the second consultation required for a minor patients certification. The department
shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A.
[ 2013, c. 516, 8 (AMD) .]
3. Expiration. A written certification form for the medical use of marijuana under this section expires within one year after
issuance by the qualifying patient's medical provider who is in good standing with professional licensing boards.
[ 2013, c. 516, 8 (AMD) .]

4. Form; content. A written certification under this section must be in the form required by rule adopted by the
department and may not require a qualifying patient's medical provider to state the patient's specific medical condition.
[ 2013, c. 516, 8 (AMD) .]
4. Possible sanctions. An individual determined to violate this chapter is subject to sanctions by the department. Sanctions
may include revocation of authorized conduct and registry identification cards, fines, and prohibiting a physician from the
participation in the written certification process. Nothing in this chapter prevents a professional licensing board from
sanctioning a medical provider for failing to properly evaluate or treat a patient's medical condition or otherwise violating
the applicable standard of care for evaluating or treating medical conditions. The department shall adopt rules to implement
this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
[ 2013, c. 516, 8 (AMD) .]
5. Certification issued based on debilitating condition. A medical provider may not condition the issuance of a certification
for the medical use of marijuana on any requirements other than the patient's debilitating medical condition. Nothing in this
section may be construed to prevent a medical provider from exercising professional judgment in declining to issue a
certification for the medical use of marijuana.
[ 2015, c. 475, 15 (NEW) .]
6. Patient referral disclosure of interest. Prior to providing a referral to a qualifying patient for goods and services
associated with a certification for the medical use of marijuana to an entity in which the medical provider has a direct or
indirect financial interest, a medical provider shall provide written disclosure to the qualifying patient regarding any direct
or indirect financial interest the medical provider has or may have in the resulting referral and shall maintain a copy of this
disclosure in the qualifying patient's record.
[ 2015, c. 475, 15 (NEW) .] SECTION HISTORY
2009, c. 631, 22 (NEW). 2009, c. 631, 51 (AFF). 2011, c. 407, Pt.
17 (RPR). 2013, c. 516, 8 (AMD). 2015, c. 475, 15 (AMD).

B,

2423-C. AUTHORIZED CONDUCT

A person may provide a qualifying patient or a primary caregiver with marijuana paraphernalia for purposes of the
qualifying patient's medical use of marijuana in accordance with this chapter and be in the presence or vicinity of the
medical use of marijuana as allowed under this chapter. [2011, c. 407, Pt. B, 18 (AMD).]
SECTION HISTORY
2009, c. 631, 23 (NEW). 2009, c. 631, 51 (AFF). 2011, c. 407, Pt.
18 (AMD).

B,

2423-D. AUTHORIZED CONDUCT BY A VISITING QUALIFYING PATIENT

A qualifying patient who is visiting the State from another jurisdiction that authorizes the medical use of marijuana
pursuant to a law recognized by the department who possesses a valid written certification as described in section 2423-B
from the patient's treating medical provider and a valid medical marijuana certification from that other jurisdiction and
photographic identification or a driver's license from that jurisdiction or government issued identification that includes a photo
and proof of address may engage in conduct authorized for a qualifying patient under this chapter while in the State of Maine.
The visiting qualifying patient must use the designation form approved by the department to designate either a registered
primary caregiver or registered dispensary to assist with the administration of marijuana for medical use. A visiting patient
is prohibited from furnishing marijuana to any person and may not cultivate marijuana plants or possess more than two and
a half ounces of harvested marijuana.
[2013, c. 516, 9 (AMD).]

12

SECTION HISTORY
2009, c. 631, 24 (NEW). 2009, c. 631, 51 (AFF). 2011, c. 407, Pt.
19 (AMD). 2013, c. 516, 9 (AMD).

B,

2423-E. REQUIREMENTS
1. Rights of persons or entities acting pursuant to this chapter. A person whose conduct is authorized under this chapter
may not be denied any right or privilege or be subjected to arrest, prosecution, penalty or disciplinary action, including but
not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau,
for lawfully engaging in conduct involving the medical use of marijuana authorized under this chapter.
[ 2011, c. 407, Pt. B, 20 (AMD) .]
1-A. Legal protection for hospitals. The immunity provisions in this subsection apply to a hospital licensed under
chapter 405 and to principal officers, board members, agents and employees of the hospital. Any immunity provision in this
chapter in conflict with this subsection does not apply to a hospital. The legal protection for hospitals applies in accordance
with the following.
A.If the use of forms of prepared marijuana that are not smoked or vaporized, including but not limited to edible
marijuana and tinctures and salves of marijuana, by admitted patients who have been certified under section 2423-B
occurs in a hospital, that hospital is not subject to prosecution, search, seizure or penalty in any manner, including but
not limited to a civil penalty or disciplinary action by an occupational or professional licensing board or entity, and
may not be denied any license, registration, right or privilege solely because the admitted patient lawfully engages in
conduct involving the medical use of marijuana authorized under this chapter. [2015, c. 475, 16 (NEW).]
B.A principal officer, board member or employee of a hospital where the use of forms of prepared marijuana that are not
smoked or vaporized, including but not limited to edible marijuana and tinctures and salves of marijuana, by admitted
patients who have been certified under section 2423-B occurs is not subject to arrest, prosecution, search, seizure or
penalty in any manner, including but not limited to a civil penalty or disciplinary action by an occupational or
professional licensing board or entity, and may not be denied any license, registration, right or privilege solely because
the admitted patient lawfully engages in conduct involving the medical use of marijuana authorized under this chapter.
[2015, c. 475, 16 (NEW).]
[ 2015, c. 475, 16 (NEW) .]
2. School, employer or landlord may not discriminate. A school, employer or landlord may not refuse to enroll or employ
or lease to or otherwise penalize a person solely for that person's status as a qualifying patient or a primary caregiver unless
failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or
funding. This subsection does not prohibit a restriction on the administration or cultivation of marijuana on premises when
that administration or cultivation would be inconsistent with the general use of the premises. A landlord or business owner
may prohibit the smoking of marijuana for medical purposes on the premises of the landlord or business if the landlord or
business owner prohibits all smoking on the premises and posts notice to that effect on the premises.
[ 2011, c. 407, Pt. B, 20 (AMD) .]
3. Person may not be denied parental rights and responsibilities or contact with a minor child. A person may not be
denied parental rights and responsibilities with respect to or contact with a minor child as a result of acting in accordance
with this chapter, unless the person's conduct is contrary to the best interests of the minor child as set out in Title 19-A,
section 1653, subsection 3.
[ 2009, c. 631, 25 (NEW);

2009, c. 631, 51 (AFF) .]

3-A Immunity for cardholders. The immunity provisions in this subsection apply to a registered primary caregiver
and primary caregiver employees. A registered primary caregiver or registered primary caregiver employee is not subject to
prosecution, search, seizure or penalty in any manner, including but not limited to a civil penalty or disciplinary action by a
business or an occupational or professional licensing board or entity, and may not be denied any right or privilege solely for
acting in accordance with this chapter.
4. Prohibition on seizure and retention. Except when necessary for an ongoing criminal or civil investigation, a law
enforcement officer may not seize marijuana that is in the possession of a qualifying patient, primary caregiver, marijuana
testing facility or registered dispensary as authorized by this chapter. A law enforcement officer in possession of marijuana
in violation of this subsection must return the marijuana within 7 days after receiving a written request for return by the
owner of the marijuana. Notwithstanding the provisions of Title 14, chapter 741, if the law enforcement officer fails to
return marijuana possessed in violation of this subsection within 7 days of receiving a written request for return of the
marijuana under this subsection, the owner of the marijuana may file a claim in the District Court in the district where the
owner lives or where the law enforcement officer is employed.
[ 2015, c. 475, 17 (AMD) .]

5. Requirements for protection. To receive protection under this section for conduct authorized under this chapter, a person
must:
A.If the person is a qualifying patient, present upon request of a law enforcement officer the original written certification
for the patient and the patient's driver's license as described under Title 29-A, section 1401 or a non-driver
identification card as described under Title 29-A, section 1410 or, if the person is a visiting patient under section 2423D, the equivalent proof of identity from the visiting patient's state of residence; and [2011, c. 407, Pt. B,
20 (NEW).]
B.If the person is a primary caregiver, present upon request of a law enforcement officer original written document
designating the person as a primary caregiver by the qualifying patient under section 2423-A, subsection 1, paragraph
E or F, and the primary caregiver's driver's license described under Title 29-A, section 1401 or a non-driver
identification card as described under Title 29- A, section 1410. [2011, c. 407, Pt. B, 20 (NEW).]
C. Be authorized by the department and registered as a cardholder, if required to register.
[ 2011, c. 407, Pt. B, 20 (NEW) .]
6. Excess marijuana; forfeiture. A person who possesses marijuana in excess of the limits provided in section
2423-A and rules adopted under that section must forfeit the excess amounts to a law enforcement officer or the
department. The law enforcement officer or the department is authorized to remove all excess marijuana seedlings,
marijuana plants and prepared all forms of excess harvested marijuana in order to catalog the amount of excess marijuana.
Possession of marijuana in excess of the limits provided in section 2423-A and rules adopted under that section is a
violation and subject to DHHS review. This excess, and only the excess, is a violation as follows:
A. Possession of prepared marijuana in an excess amount up to 2 1/2 ounces is a violation of section 2383; and
[2011, c. 407, Pt. B, 20 (NEW).]
B. Possession of marijuana in an excess amount over 2 1/2 ounces is a violation of Title 17-A, chapter 45. [2011,
c. 407, Pt. B, 20 (NEW).]
[ 2011, c. 407, Pt. B, 20 (NEW) .]
7. Repeat forfeiture. If a cardholder has previously forfeited excess marijuana pursuant to subsection 6 and a subsequent
forfeiture occurs, the department shall revoke the registry identification card of the cardholder and the entire amount of
marijuana seedlings, marijuana plants and prepared marijuana must be forfeited to a law enforcement officer. The
department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical
rules as defined in Title 5, chapter 375, subchapter 2- A.
[ 2011, c. 407, Pt. B, 20 (NEW) .]
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.
[ 2011, c. 407, Pt. B, 20 (NEW) .]
9. Labels. If a registered primary caregiver affixes a label on the packaging of any marijuana or product containing marijuana
provided to a qualifying patient and that label includes information about contaminants, the cannabinoid profile or potency
of the marijuana or product containing marijuana, the label must be verified by a marijuana testing facility that is not
owned by the caregiver if there is a marijuana testing facility licensed, certified or approved in accordance with this chapter.
[ 2015, c. 475, 18 (NEW) .] SECTION HISTORY
2009, c. 631, 25 (NEW). 2009, c. 631, 51 (AFF). 2011, c. 407, Pt.
20 (AMD). 2015, c. 475, 16-18 (AMD).

B,

2424. RULES
1. Rulemaking. The department may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2A.

14

[ 2009, c. 1, 5 (NEW) .]

2. Adding debilitating medical conditions. The department in accordance with section 2422, subsection 2, paragraph D shall
adopt rules regarding the consideration of petitions from the public to add medical conditions or treatments to the list of
debilitating medical conditions set forth in section 2422, subsection 2. In considering those petitions, the department shall
provide an opportunity for public hearing of, and an opportunity to comment on those petitions. After the hearing, the
commissioner shall consider counsel by a medical provider panel comprised of a minimum of three medical providers, one
of whom may be selected by the petitioner, and shall approve or deny a petition within 180 days of its submission. The
approval or denial of such a petition constitutes final agency action, subject to judicial review. Jurisdiction and venue for
judicial review are vested in the Superior Court.
A. [2011, c. 407, Pt. B, 21 (RP).]
B. [2011, c. 407, Pt. B, 21 (RP).]
C. [2011, c. 407, Pt. B, 21 (RP).]
D. [2011, c. 407, Pt. B, 21 (RP).]
[ 2011, c. 407, Pt. B, 21 (RPR) .]
3. Registry identification cards. The department shall adopt rules governing the manner in which it considers applications
for and renewals of registry identification cards for registered patients, registered primary caregivers, principal officers,
board members and employees of dispensaries and staff of hospice providers and nursing facilities designated as primary
caregivers. The department's rules must require the submission of an application, must require replacement of a registry
identification card that has been lost, destroyed or stolen or that contains information that is no longer accurate and must
establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and
administering this chapter and that are consistent with the provisions of section 2425, subsection 12. The department may
establish a sliding scale of application and renewal fees based upon a registered patient's family income and status as a
veteran of the Armed Forces of the United States. The department may accept donations from private sources in order to
reduce the application and renewal fees.
[ 2013, c. 394, 1 (AMD) .] SECTION HISTORY
IB 2009, c. 1, 5 (NEW). 2009, c. 631, 26, 27 (AMD). 2009, c. 631,
51 (AFF). 2011, c. 407, Pt. B, 21, 22 (AMD). 2013, c. 394, 1 (AMD).

2425. REGISTRY IDENTIFICATION CARDS

1. Application for patient registry identification card; qualifications. The department shall register and issue registry
identification cards to qualifying patients who submit the documents and information described in this subsection, in
accordance with the department's rules:eligible applicants who submit a complete application.
A.Written certification; [2009, c. 1, 5 (NEW).]
B. [2013, c. 394, 2 (RP).]
C.
Name, address and date of birth of the qualifying patient, except that if the applicant is homeless no address is
required; [2009, c. 631, 28 (AMD); 2009, c. 631, 51 (AFF).]
D.
Name, address and telephone number of the qualifying patient's medical provider; [2013, c. 516, 10
(AMD).]
E.Name, address and date of birth of each primary caregiver, if any, named by the qualifying patient;
[2009, c. 631, 28 (AMD); 2009, c. 631, 51 (AFF).]
F.
If the qualifying patient names one or 2 primary caregivers, an indication of which person, if any, is designated to
cultivate marijuana for the qualifying patient's medical use. Only one primary caregiver, including an employee of that
caregiver, is allowed to cultivate marijuana for a registered patient; and [2013, c. 396, 9 (AMD).]
G.
If the qualifying patient elects to cultivate marijuana for the qualifying patient's own medical use, the qualifying
patient shall indicate that choice on the application. [2009, c. 631, 28 (NEW); 2009, c. 631, 51
(AFF).]
[ 2013, c. 516, 10 (AMD) .]

1-A. Criminal history record check. An applicant for a registry identification card who is a primary caregiver or an
employee of a primary caregiver or who is a principal officer, board member or employee of a registered dispensary or a
marijuana testing facility must undergo a criminal history record check at least annually.

[ 2015, c. 475, 19 (AMD) .]

2. Issuing patient registry identification card to minor child. The department may not register and issue a registry
identification card to a qualifying patient who is under 18 years of age unless:
A. The qualifying patient's medical provider has explained the potential risks and benefits of the medical use of
marijuana to the qualifying patient and to a parent, guardian or person having legal custody of the qualifying
patient; [2013, c. 516, 11 (AMD).]
B. The parent, guardian or person having legal custody consents in writing to:
(1)

The qualifying patient's medical use of marijuana;

(2)

Serving as one of the qualifying patient's primary caregivers; and

(3) Controlling the acquisition of the marijuana and the dosage and the frequency of the medical use of marijuana
by the qualifying patient; and [2011, c. 407, Pt. B, 23 (AMD).]
C. [2011, c. 407, Pt. B, 23 (RP).]
D. The requirements of section 2423-B, subsection 2 have been met. [2011, c. 407, Pt. B, 23 (NEW).]
[ 2013, c. 516, 11 (AMD) .]
3. Department approval or denial. The department shall verify the information contained in an application or renewal of a
registry identification card submitted pursuant to this section and shall approve or deny an application or renewal within 30
days of receiving it. The department shall issue a registry identification card within five days of approving a completed
application. The department may deny an application or renewal only if the applicant did not provide the information
required pursuant to this section or the department determines that the applicant does not qualify for a registry identification
card or that the information provided was falsified. Rejection of an application or renewal is considered a final agency
action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior CourtA qualified
applicant whose registry identification card application is denied pursuant to this paragraph may be afforded the opportunity to
request an Administrative Hearing in accordance with this chapter.
[ 2013, c. 394, 4 (AMD) .]
3-A. Department revocation. The department may revoke a registry identification card for violation of this chapter
and the rules adopted under this chapter. Revocation in accordance with 2425(8) is considered a final agency action,
subject to judicial review under Title 5, chapter 375, subchapter 7. Unless otherwise specified as final agency action,
persons who have had authorization for conduct under this chapter revoked due to failure to comply with this chapter and
rules adopted by the department shall have an informal hearing process available. The department shall adopt rules to
specify the period of time not to exceed one year that the person who is subject to revocation is ineligible for authorization
under this chapter. The person must demonstrate compliance prior to being issued a new registry identification card. Rules
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[ 2009, c. 631, 30 (NEW);

2009, c. 631, 51 (AFF) .]

4. Primary caregiver registry identification card. The department shall issue a registry identification card to each registered
primary caregiver, if any, who is named in a registered patient's an approved application pursuant to subsection 1, paragraph
E and, if the registered primary caregiver employs an employee pursuant to section 2423-A, subsection 2, paragraph I, to
that employee.
[ 2013, c. 396, 10 (AMD) .]
4-A. Marijuana testing facility and dispensary identification card. The department shall issue registry
identification cards to principal officers, board members and employees of a marijuana testing facility or registered
dispensary within 5 business days of approving an application or renewal under this section in accordance with department
rules. Registry identification cards expire one year after the date of issuance.
Registry identification cards must contain:
A.The name of the cardholder; [2015, c. 475, 20 (NEW).]
B.The date of issuance and expiration date of the registry identification card; and [2015, c. 475,
20 (NEW).]
C.A random identification number that is unique to the cardholder. [2015, c. 475, 20 (NEW).]
[ 2015, c. 475, 20 (NEW) .]
5. Registry identification card issuance. The department shall issue registry identification cards to registered patients, to
registered primary caregivers, to employees of registered caregivers and to staff of hospice providers and nursing facilities

16

designated by registered patients as primary caregivers within 5 days of approving an application or renewal under this
section. Registry identification cards expire one year after the date of issuance except that the date of issuance and
expiration date of a registered primary caregiver's registry identification card must be the same as the issuance and
expiration dates on the patient's registry identification card. Registry identification cards must contain:
A.The name of the cardholder; [2011, c. 691, Pt. A, 21 (RPR).]
B. [2011, c. 383, 2 (RP);

2011, c. 407, Pt. B, 24 (RP).]

C. The date of issuance and expiration date of the registry identification card; [2011, c. 691, Pt. A, 21
(RPR).]
D. A random identification number that is unique to the cardholder; and [2011, c. 691, Pt. A,
21 (RPR).]
E. [2011, c. 383, 2 (RP);

2011, c. 407, Pt. B, 24 (RP).]

F. A clear designation showing whether the cardholder is allowed under this chapter to cultivate marijuana. [2011,
c. 691, Pt. A, 21 (RPR).]
[ 2013, c. 396, 11 (AMD) .]
6. Notification of changes in status or loss of card. This subsection governs notification of changes in status or the loss of a
registry identification card.
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 medical condition.
[2013, c. 394, 5 (AMD).]
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 medical condition, the registered qualifying patient's registry identification card becomes void upon
notification by the department to the qualifying patient. [2013, c. 516, 12 (AMD).]
C.A registered primary caregiver shall notify the department if the card of the registered primary caregiver is no longer
accurate within 10 days of the event that caused the inaccuracy and of any change in the caregiver's name or address
within 10 days of such change. A registered primary caregiver who fails to notify the department of any of these
changes commits a civil violation for which a fine of not more than $150 may be adjudged. [2013, c. 394, 5
(AMD).]
D. When a registered qualifying patient or registered primary caregiver notifies the department of any changes listed in
this subsection, the department shall issue the registered qualifying patient and each registered primary caregiver a new
registry identification card within 10 days of receiving the updated information and the fee required by subsection 12,
paragraph E. [2013, c. 394, 5 (AMD).]
E.When a registered qualifying patient changes the patient's registered primary caregiver, the department shall notify the
old primary caregiver within 10 days. The old primary caregiver's protections as provided in this chapter expire 10
days after notification by the department. [2009, c. 1, 5 (NEW).]
F.If a cardholder loses the cardholder's registry identification card, the cardholder shall notify the department and submit
the fee required by subsection 12, paragraph E within 10 days of losing the card. Within 5 days after such notification,
the department shall issue a new registry identification card with a new random identification number. [2013, c.
394, 5 (AMD).]
G. If the information appearing on the cardholder's registry identification card is incorrect, the cardholder shall notify
the department of the inaccuracy. A fee required by subsection 12, paragraph E must be submitted with the corrected
information within 10 days of the change in information. Within 5 days after such notification, the department shall
issue a new registry identification card. A cardholder who fails to notify the department as required under this
paragraph commits a civil violation for which a fine of not more than $150 may be adjudged.
[ 2013, c. 516, 12 (AMD) .]
7. Possession of certain documents; application for registry identification card. Possession of a registry identification card
by a cardholder, the act of applying for such a registry identification card, possession of a written certification issued under
section 2423-B or possession of a designation form executed under section 2423-A, subsection 1, paragraph E or F is not
evidence of unlawful conduct and may not be used to support the search of that person or that person's property. The
possession of or application for a registry identification card or possession of a written certification does not prevent the
issuance of a warrant if probable cause exists on other grounds.
[ 2011, c. 407, Pt. B, 25 (RPR) .]

8. Confidentiality. This subsection governs confidentiality.

A.Applications and supporting information submitted by qualifying patients and registered patients under this chapter,
including information regarding their primary caregivers and medical providers, are confidential. [2013, c.
516, 13 (AMD).]
B.Applications and supporting information submitted by primary caregivers and medical providers operating in
compliance with this chapter are confidential. [2013, c. 516, 13 (AMD).]
C.The department shall maintain a confidential list of the persons to whom the department has issued registry
identification cards. Individual names and other identifying information on the list are confidential, exempt from the
freedom of access laws, Title 1, chapter 13, and not subject to disclosure except as provided in this subsection and
to authorized employees of the department as necessary to perform official duties of the department. [2009, c.
631, 34 (AMD); 2009, c. 631,
51 (AFF).]
D.The department shall verify to law enforcement personnel whether a registry identification card is valid without
disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card
and authorized conduct. [2009, c. 1, 5 (NEW).]
E. [2009, c. 631, 51 (AFF);

2009, c. 631, 34 (RP).]

F. Applications, supporting information and other information regarding a registered dispensary are not confidential
except that information that is contained within dispensary information that identifies a qualifying patient, a registered
patient, the registered patient's medical provider and the primary caregiver of the qualifying patient or registered
patient is confidential. [2013, c. 516, 13 (AMD).]
G.Records maintained by the department pursuant to this chapter that identify applicants for a registry identification card,
registered patients, registered primary caregivers and registered patients' medical providers are confidential and may
not be disclosed except as provided in this subsection and as follows:
(1) To department employees who are responsible for carrying out this chapter;
(2) Pursuant to court order or subpoena issued by a court;
(3) With written permission of the registered patient or the patient's guardian, if the patient is under guardianship, or a
parent, if the patient has not attained 18 years of age;
(4) As permitted or required for the disclosure of health care information pursuant to section 1711- C;
(5) To a law enforcement official for verification purposes. The records may not be disclosed further than necessary
to achieve the limited goals of a specific investigation; and
(6) To a registered patient's treating medical provider and to a registered patient's registered primary caregiver for
the purpose of carrying out this chapter. [2013, c. 516, 13 (AMD).]
H. This subsection does not prohibit a medical provider from notifying the department if the medical provider acquires
information indicating that a registered patient or qualifying patient is no longer eligible to use marijuana for medical
purposes or that a registered patient or qualifying patient falsified information that was the basis of the medical
provider's certification of eligibility for use. [2013, c. 516, 13 (AMD).]
I. The department may disclose to an agency of State Government designated by the commissioner and employees of
that agency any information necessary to produce registry identification cards or manage the identification card
program and may disclose data for statistical or research purposes in such a manner that individuals cannot be
identified. [2009, c. 631, 34 (NEW); 2009, c. 631, 51 (AFF).]
J. A hearing concerning the revocation of a registry identification card under subsection 3-A is confidential. [2011,
c. 407, Pt. B, 27 (AMD).]
K. Except as otherwise provided in this subsection, a person who knowingly violates the confidentiality of information
protected under this chapter commits a civil violation for which a fine of up to $1,000 may be imposed. This paragraph
does not apply to a medical provider or staff of a hospice provider or nursing facility named as a primary caregiver or
any other person directly associated with a medical provider or a hospice provider or nursing facility that provides
services to a registered patient. [2013, c. 516, 13 (AMD).]
L. Notwithstanding any provision of this subsection to the contrary, the department shall comply with Title 36, section
175. Information provided by the department pursuant to this paragraph may be used by the Department of
Administrative and Financial Services, Bureau of Revenue Services only for the administration and enforcement of
taxes imposed under Title 36. [2013, c. 2, 33 (COR).]
[ 2013, c. 2, 33 (COR) .]
8-A. Patient Record Keeping. Patient records specific to marijuana for medical use are confidential and may not be
disclosed except as provided in accordance with this chapter. Primary caregivers and dispensaries are required to maintain
patient records to support transactions occurring during the most recent 12 months. The primary caregiver and dispensary
shall develop a record management system that includes a unique identifier corresponding to the patient for whom the
marijuana was dispensed. As evidence of compliance, patient designation records must include valid copies of the patients

18

written certification, designation form and drivers license or state-issued photographic identification. Records of the
patients protected health information are not subject to review by the department.
9. Revocation of registry identification card. The department shall revoke the registry identification card of a cardholder
who sells, furnishes or gives marijuana to a person who is not allowedauthorized to possess marijuana for medical purposes
under this chapter. A cardholder who sells, furnishes or gives marijuana to a person who is not allowedauthorized to possess
marijuana for medical purposes under this chapter is liable for any other penalties for selling, furnishing or giving marijuana
to a person. The department may revoke the registry identification card of any cardholder who violates this chapter, and the
cardholder is liable for any other penalties for the violation.
[ 2009, c. 631, 35 (AMD);

2009, c. 631, 51 (AFF) .]

9-A. Registration requirement. Registration under this section is voluntary for a qualifying patient, a visiting
qualifying patient and for a primary caregiver who is exempt under section 2423-A, subsection 3, paragraph C. Failure to
register under this section does not affect authorized conduct for a qualifying patient, a visiting qualifying patient or for a
primary caregiver who is exempt under section 2423-A, subsection 3, paragraph C.
[ 2011, c. 407, Pt. B, 28 (NEW) .]
10.
Annual report. The department shall submit to the Legislature an annual report by April 1st each year that does
not disclose any identifying information about cardholders or physicians, but does contain, at a minimum:
A.The number of applications and renewals filed for registry identification cards; [2009, c. 1,
5 (NEW).]
B. The number of qualifying patients and registered primary caregivers approved in each county;
[2009, c. 1, 5 (NEW).]
C. [2011, c. 407, Pt. B, 29 (RP).]
D.The number of registry identification cards revoked; [2009, c. 1, 5 (NEW).]
E.The number of medical providers providing written certifications for qualifying patients; [2013, c. 516, 14
(AMD).]
F.The number of registered dispensaries; and [2009, c. 631, 36 (AMD); 2009, c. 631, 51
(AFF).]
G.The number of primary caregiver and marijuana testing facility employees and principal officers, board members and
employees of dispensaries.; and [2009, c. 631, 36 (AMD); 2009, c. 631, 51 (AFF).]
H.The number of patients served by primary caregivers and dispensaries each calendar year.[ 2013, c. 516, 14
(AMD) .]
11.
Valid identification. A registered patient, registered primary caregiver or a principal officer, board member or
employee of a registered dispensary Any person who has been issued a valid registry identification card pursuant to this
section must also possess a valid Maine-issued driver's license with a photo or other Maine-issued photo identification in
order to establish proof of Maine residency and authorized participation in the medical use of marijuana under this chapter.
[ 2011, c. 383, 4 (NEW) .]
12.
Registration and related fees. The department by rule shall establish fees in accordance with this subsection. The
fees must be credited to the Medical Use of Marijuana Fund pursuant to section 2430. Any sanctions collected pursuant to this
chapter and rules adopted by the department must be credited to the Medical Use of Marijuana Fund. Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2- A.
A.There is no annual fee to register a qualifying patient or primary caregiver who is exempt under section 2423-A,
subsection 3, paragraph C. [2013, c. 394, 6 (NEW).]
B. Primary caregiver fees are as follows.
(1)

There is no annual fee to register a primary caregiver who does not cultivate marijuana for a qualifying
patient.

(2)

There is an annual fee to register a primary caregiver who has been designated to cultivate marijuana under
subsection 2423-A, subsection 1, paragraph F. The fee must be not less than $50 and not more than $300240 for
each registry identification card issuedqualifying patient who has designated the primary caregiver.

(3) There is no fee for a registered primary caregiver to register for the remainder of the registration period a new
qualifying patient in place of a former qualifying patient who has revoked the designation of the primary caregiver.
[2013, c. 394, 6 (NEW).]
C. There is an annual fee to register a dispensary of not less than $5,000 and not more than
$15,00012,000. There is a fee to change the location of a registered dispensary or the location at which a registered
dispensary cultivates marijuana of not less than $3,000 and not more than $5,0004,000. [2013, c. 394, 6
(NEW).]

D.There is an annual fee to register a primary caregiver employee, a principal officer, board member or employee of a
registered dispensary or marijuana testing facility of not less than $2520 and not more than $50. The fee must be
paid by the registered dispensary applicant. [2013, c. 394, 6 (NEW).]
E.There is a fee to replace a registry card that has been lost, stolen or destroyed or a card that contains information
that is no longer accurate of not less than $10 and not more than $20. [2013, c. 394,
6 (NEW).]
F. There is an annual fee for a criminal history record check for a primary caregiver or a principal officer, board
member or employee of a registered dispensary of not less than $31 and not more than
$60. The fee must be paid by the primary caregiver or by the registered dispensary for a principal officer, board
member or employee of the registered dispensary. [2013, c. 394, 6 (NEW).]

G.
There is a fee for laboratory testing of marijuana that is cultivated, harvested, processed, prepared or provided by a
registered primary caregiver or registered dispensary of not less than $50 and not more than $300 per test specimen.
[2015, c. 475, 21 (AMD).]
Beginning January 2014 and every 2 years thereafter, the department shall review the balance in the Medical Use of
Marijuana Fund established under section 2430. If the balance in the Medical Use of Marijuana Fund exceeds $400,000, the
department shall reduce the fees established under paragraphs B, and C, D and E for a 2-year period beginning with the
calendar year following the review.
[ 2015, c. 475, 21 (AMD) .] SECTION HISTORY
IB 2009, c. 1, 5 (NEW). 2009, c. 631, 28-36 (AMD). 2009, c. 631, 51
(AFF). 2011, c. 383, 2-4 (AMD). 2011, c. 407, Pt. B, 23-29 (AMD).
2011, c. 691, Pt. A, 21, 22 (AMD). RR 2013, c. 2, 33 (COR). 2013, c.
394, 2-6 (AMD). 2013, c. 396, 9-11 (AMD). 2013, c. 516, 10-14 (AMD). 2013,
c. 595, Pt. J, 1 (AMD). 2013, c. 595, Pt. J, 4 (AFF). 2015, c. 475, 19-21
(AMD).
12. Reporting Patient Access. Registered primary caregivers and dispensary must submit annually the number of
qualifying patients and visiting qualifying patients who have designated the primary caregiver or dispensary for assistance
with the access to and administration of marijuana for medical use. Reporting shall not disclose patient identity, directly or
indirectly. The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

2426. SCOPE
1. Limitations. This chapter does not permit any person to:
A.Undertake any task under the influence of marijuana when doing so would constitute negligence or professional
malpractice or would otherwise violate any professional standard; [2009, c. 631,
37 (AMD); 2009, c. 631, 51 (AFF).]
B. Except as provided in subsection 1-A, possess marijuana or otherwise engage in the medical use of marijuana:
(1) In a school bus;
(2) On the grounds of any preschool or primary or secondary school; or
(3)
In any correctional facility; [2015, c. 369, 2 (AMD).]
C. Smoke marijuana:
(1) On any form of public transportation; or
(2)
In any public place; [2009, c. 1, 5 (NEW).]
D.Operate, navigate or be in actual physical control of any motor vehicle, aircraft, motorboat, snowmobile or all-terrain
vehicle while under the influence of marijuana; or [2009, c. 631, 38 (AMD); 2009, c. 631, 51
(AFF).]
E.Use or possess marijuana if that person is not a qualifying patient, primary caregiver, registered dispensary or other
person authorized to use or possess marijuana under this chapter. [2011, c. 407, Pt. B, 30 (AMD).]
[ 2015, c. 369, 2 (AMD) .]

20

1-A. School exceptions. Notwithstanding subsection 1, paragraph B, a primary caregiver designated pursuant to
section 2423-A, subsection 1, paragraph E may possess and administer marijuana in a nonsmokeable form in a school bus
and on the grounds of the preschool or primary or secondary school in which a minor qualifying patient is enrolled only if:
A.A medical provider has provided the minor qualifying patient with a current written certification for the medical use of
marijuana under this chapter; and [2015, c. 369, 3 (NEW).]
B.Possession of marijuana in a nonsmokeable form is for the purpose of administering marijuana in a nonsmokeable
form to the minor qualifying patient. [2015, c. 369, 3 (NEW).]
[ 2015, c. 369, 3 (NEW) .]
2. Construction. This chapter may not be construed to require:
A.A government medical assistance program or private health insurer to reimburse a person for costs associated with the
medical use of marijuana; or [2009, c. 1, 5 (NEW).]
B.An employer to accommodate the ingestion of marijuana in any workplace or any employee working while under the
influence of marijuana. [2009, c. 1, 5 (NEW).]
[ 2009, c. 1, 5 (NEW) .]
3. Penalty for fraudulent representation.
[ 2009, c. 631, 51 (AFF);

2009, c. 631, 39 (RP) .]

3-A. Penalty for fraud. Fraudulent misrepresentation regarding lawful possession or medical use of marijuana and
fraudulent procurement under this chapter are governed by this subsection.
A.A person who misrepresents to a law enforcement official any fact or circumstance relating to the possession or
medical use of marijuana under this chapter to avoid arrest or prosecution commits a civil violation for which a fine of
$200 must be adjudged. [2011, c. 407, Pt. B, 31 (NEW).]
B.A qualifying patient who obtains marijuana from more than one source with the result that the person patient receives
more than 2 1/2 ounces 2 pounds during one transfer or is in possession of marijuana in excess of limits specified in
this chapterof prepared marijuana in a 15-day period commits a civil violation for which a fine of $200 must be
adjudged. [2011, c. 407, Pt. B, 31 (NEW).]
C. A visiting qualifying patient who obtains marijuana from an authorized source with the result that the visiting
patient is in possession of more than 2 ounces during a 15-day period commits a civil violation for which a fine of
$200 must be adjudged.
D. A person who misrepresents the issuance of a registry identification card or misrepresents the persons authorized
conduct commits a civil violation of which a fine of $200 must be adjudged and the person may be liable for any other
penalties and sanctions.
[ 2011, c. 407, Pt. B, 31 (NEW) .] SECTION HISTORY
IB 2009, c. 1, 5 (NEW). 2009, c. 631, 37-39 (AMD). 2009, c. 631, 51
(AFF). 2011, c. 407, Pt. B, 30, 31 (AMD). 2015, c. 369, 2, 3 (AMD).

2427. AFFIRMATIVE DEFENSE AND DISMISSAL FOR MEDICAL MARIJUANA

(REPEALED)
SECTION HISTORY
IB 2009, c. 1, 5 (NEW). 2009, c. 631, 40, 41 (AMD). 2009, c.
51 (AFF). MRSA T. 22, 2427, sub-4 (RP).

631,

2428. REGISTERED DISPENSARIES

1. Provisions pertaining to primary caregiver apply to nonprofit dispensary.
[ 2009, c. 631, 51 (AFF);

2009, c. 631, 42 (RP) .]

1-A. Provisions pertaining to registered dispensary. For the purpose of assisting a qualifying patient who has
designated a registered dispensary to cultivate assist with marijuana for the patient's medical use of marijuana, a registered
dispensary may in accordance with rules adopted by the department:

A.Possess and dispense marijuana for medical use up to 2 1/2 ounces of prepared marijuana and possess an incidental
amount of marijuana for each to a qualifying patient who has designated the dispensary or to that patients designated
primary caregiver. For the purposes of this chapter, any incidental amount of marijuana is lawful for a registered
dispensary to possess and is not included in the amounts of prepared marijuana specified in this paragraph For the
purposes of this chapter, the total amount of marijuana that may be possessed on behalf of the patient may not exceed
eight pounds. A qualifying patient may receive up to 2 pounds of harvested marijuana in a transfer by a dispensary, except
that the dispensary may not dispense more than 2 1/2 ounces during a 15-day period to a visiting qualifying patient.;
[2011, c. 407, Pt. B, 32 (AMD).]
B.Cultivate up to 6 mature marijuana plants for each patient who has designated the dispensary to cultivate the plants on
the patient's behalf subject to the limit of 6 mature plants total for a patient who also cultivates marijuana; [2011,
c. 407, Pt. B, 32 (AMD).]
C.Receive reasonable monetary compensation for costs associated with assisting or for cultivating marijuana for a patient
who designated the dispensary; [2011, c. 407, Pt. B, 32 (AMD).]
D.Assist any patient who designated the dispensary to cultivate marijuana with the medical use or administration of
marijuana; and [2011, c. 407, Pt. B, 32 (AMD).]
E.Obtain prepared marijuana from a primary caregiver under section 2423-A, subsection 2, paragraph H or from another
registered dispensary for the purposes of addressing an extended inventory supply interruption under subsection 6,
paragraph G. [2013, c. 503, 2 (AMD).]
[ 2013, c. 503, 2 (AMD) .]
2. Registration requirements. Subject to limitations on the number and location of dispensaries in subsection 11 and rules
adopted pursuant to this section, this subsection governs the registration of a dispensary.
A. The department shall register a dispensary and issue a registration certificate or renew a registration certificate within
30 days to any person or entity that provides:
(1) An annual fee paid to the department as set by rule pursuant to section 2425, subsection 12, paragraph C;
(2) The legal name of the dispensary, evidence of incorporation under Title 13-B and evidence that the corporation is
in good standing with the Secretary of State;
(3) The physical address of the dispensary and the physical address of a maximum of one additional location, if any,
where marijuana will be cultivated for patients who have designated the dispensary to cultivate for them. If a
registered dispensary changes the physical location of the dispensary or the location at which it cultivates
marijuana, the dispensary shall notify the department on a location change form provided by the department, pay
a change fee as established in section 2425, subsection 12, paragraph C and obtain a new registration certificate
from the department;
(4) The name, address and date of birth of each principal officer and board member of the dispensary; and
(5) The name, address and date of birth of any person who is employed by the dispensary.
[2013, c. 394, 7 (AMD).]
B.The departmentdispensary shall track the number of registered patients who designate athe dispensary to cultivate
marijuana for them and issue to each dispensary submit a written statement of the number of patients who have
designated the dispensary to cultivate marijuana for them. This statement must be updated each time a new registered
patient designates the dispensary or ceases to designate the dispensary. The statement may be transmitted electronically
if the department's rules so provide. The department may provide by rule that the updated written statements may not
be issued more frequently than once each weeka month. [2009, c. 631, 42 (AMD); 2009, c. 631,
51 (AFF).]
C. The department shall issue each principal officer, board member and employee of a dispensary a registry identification
card within 1030 days of receipt of the person's name, address and date of birth under paragraph A and a fee in an
amount established by the department. Each card must specify that the cardholder is a principal officer, board member
or employee of a dispensary and must contain:
(1) The name, address and date of birth of the principal officer, board member or employee;
(2) The legal name of the dispensary with which the principal officer, board member or employee is affiliated;
(3) A random identification number that is unique to the cardholder;
(4) The date of issuance and expiration date of the registry identification card; and
(5) A photograph if required by the department. [2009, c. 631, 42 (AMD); 2009, c. 631, 51
(AFF).]
D.The department may not issue a registry identification card to any principal officer, board member or employee of a
dispensary who has been convicted of a disqualifying drug offense. The department shall conduct a criminal history
record check of each principal officer, board member or employee on an annual basis in order to carry out this
provision. If the department determines not to issue a registry identification card for a principal officer, board member
or employee, the department shall notify the dispensary in writing of the reason for denying the registry identification
card. [2013, c. 394, 8 (AMD).]

22

[ 2013, c. 394, 7, 8 (AMD) .]

3. Rules. The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A governing the
manner in which it considers applications for and renewals of registration certificates for dispensaries, including rules
governing:
A.The form and content of registration and renewal applications; [2009, c. 1, 5 (NEW).]
B.Minimum oversight requirements for dispensaries and the one permitted additional location at which the dispensary
cultivates marijuana for medical use by qualifying patients who have designated the dispensary to cultivate for them;
[2011, c. 407, Pt. B, 32 (AMD).]
C.Minimum record-keeping requirements for dispensaries, including recording the disposal of marijuana that is not
distributed by the dispensary to qualifying patients who have designated the dispensary to cultivate for them; [2011,
c. 407, Pt. B, 32 (AMD).]
D.Minimum security requirements for dispensaries and any additional location at which the dispensary cultivates
marijuana for medical use by qualifying patients who have designated the dispensary to cultivate for them; and
[2011, c. 407, Pt. B, 32 (AMD).]
E.Procedures for suspending or terminating the registration of dispensaries that violate the provisions of this section or
the rules adopted pursuant to this subsection. [2009, c. 631, 42 (AMD); 2009, c. 631, 51
(AFF).]
[ 2011, c. 407, Pt. B, 32 (AMD) .]
4. Expiration. A dispensary registration certificate and the registry identification card for each principal officer, board
member or employee expire one year after the date of issuance. The department shall issue a renewal dispensary registration
certificate and renewal registry identification cards within 10 days to any person who complies with the requirements
contained in subsection 2. A registry identification card of a principal officer, board member or employee expires 10 days
after notification by a dispensary that such person ceases to work at the dispensary.
[ 2009, c. 631, 42 (AMD);

2009, c. 631, 51 (AFF) .]

5. Inspection. A dispensary and any additional location at which the dispensary cultivates marijuana for medical use by a
qualifying patient who has designated the dispensary to cultivate for the patient are subject to reasonable inspection by the
department. The department may enter the dispensary and the one permitted additional location at which the dispensary
cultivates marijuana at any time, without notice, to carry out an inspection under this subsection.
[ 2011, c. 407, Pt. B, 32 (AMD) .]
6. Registered dispensary requirements. This subsection governs the operations of registered dispensaries.
A.A dispensary must be operated on a not-for-profit basis for the mutual benefit of qualifying patients who have
designated the dispensary to cultivate marijuana. The bylaws of a dispensary and its contracts with qualifying patients
must contain such provisions relative to the disposition of revenues and receipts as may be necessary and appropriate
to establish and maintain its not-for-profit status. A dispensary need not be recognized as a tax-exempt organization
under 26 United States Code, Section 501(c)(3) but is required to incorporate pursuant to Title 13-B and to maintain
the corporation in good standing with the Secretary of State. [2011, c. 407, Pt. B, 32 (AMD).]
B.A dispensary may not be located within 500 feet of the property line of a preexisting public or private school. [2009,
c. 631, 42 (AMD); 2009, c. 631, 51 (AFF).]
C.A dispensary shall notify the department within 10 days of when a principal officer, board member or employee ceases
to work at the dispensary. [2009, c. 631, 42 (AMD); 2009, c. 631,
51 (AFF).]
D.A dispensary shall notify the department in writing of the name, address and date of birth of any new principal officer,
board member or employee and shall submit a fee in an amount established by the department for a new registry
identification card before the new principal officer, board member or employee begins working at the dispensary.
[2009, c. 631, 42 (AMD); 2009, c. 631,
51 (AFF).]
E.A dispensary shall implement appropriate security measures to deter and prevent unauthorized entrance into areas
containing marijuana and the theft of marijuana at the dispensary and the one permitted additional location at which
the dispensary cultivates marijuana for medical use by qualifying patients who have designated the dispensary to
cultivate for them. [2011, c. 407, Pt. B, 32 (AMD).]
F.The operating documents of a dispensary must include procedures for the oversight of the dispensary and procedures
to ensure accurate record keeping. [2009, c. 631, 42 (AMD); 2009, c. 631, 51 (AFF).]
G.A dispensary is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring,
transporting, supplying or dispensing marijuana for any purpose except to assist qualifying patients who have
designated the dispensary to cultivate marijuana for them for the medical use of marijuana directly or through the
qualifying patients' primary caregivers, to obtain prepared marijuana as provided in subsection 1-A, paragraph E or to

provide prepared marijuana as provided in paragraph L and subsection 9, paragraph B. [2013, c. 503, 3
(AMD).]
H.All principal officers and board members of a dispensary must be residents of this State. [2009, c. 631, 42
(AMD); 2009, c. 631, 51 (AFF).]
I.All cultivation of marijuana must take place in an enclosed, locked facility unless the marijuana plants are being
transported between the dispensary and a location at which the dispensary cultivates the marijuana plants, as disclosed
to the department in subsection 2, paragraph A, subparagraph (3). The dispensary shall use a numerical identification
system to enable the dispensary to track marijuana plants from cultivation to sale and to track prepared marijuana
obtained pursuant to section 2423-A, subsection 2, paragraph H from acquisition to sale. Access to the cultivation
facility is limited to a cardholder who is a principal officer, board member or employee of the dispensary when acting
in that cardholder's official capacity, except that an elected official invited by a principal officer, board member or
employee for the purpose of providing education to the elected official on cultivation by the dispensary, emergency
services personnel, an employee of a marijuana testing facility or a person who needs to gain access to the cultivation
facility in order to perform repairs or maintenance or to do construction may access the cultivation facility to provide
professional services while under the direct supervision of a cardholder who is a principal officer, board member or
employee of the dispensary. [2015, c. 475, 22 (AMD).]
J.A dispensary that is required to obtain a license for the preparation of food pursuant to section 2167 shall obtain the
license prior to preparing goods containing marijuana, including tinctures of marijuana, for medical use by a qualifying
patient. [2013, c. 516, 15 (AMD).]
K.A dispensary shall display the dispensary's registration certificate issued under subsection 2, paragraph A in a publicly
visible location in the dispensary. [2011, c. 407, Pt. B, 32 (NEW).]
L.A dispensary may provide excess prepared marijuana to another dispensary that is experiencing an extended inventory
supply interruption. [2013, c. 503, 4 (NEW).]
M.A dispensary may provide samples to a marijuana testing facility for testing and research purposes.
[2015, c. 475, 23 (NEW).]
N.A dispensary may conduct marijuana testing at the request of anyone authorized to possess marijuana under this
chapter for research and development purposes only. [2015, c. 475, 23 (NEW).]
[ 2015, c. 475, 22, 23 (AMD) .]
7. Maximum amount of marijuana to be dispensed. A transfer by a dispensary or a principal officer, board member or
employee of a dispensary may not be more than 2 pounds on behalf of a qualifying patient. A dispensary or a principal
officer, board member or employee of a dispensary may not dispense more than 2 1/2 ounces of prepared marijuana during
a 15-day period to a visiting qualifying patient who has designated the dispensary or to a primary caregiver on behalf of a
visiting qualifying patient who has designated the dispensary during a 15-day period.
[ 2011, c. 407, Pt. B, 32 (AMD) .]
8. Immunity.
[ 2009, c. 631, 51 (AFF);

2009, c. 631, 42 (RP) .]

8-A. Immunity. The immunity provisions in this subsection apply to a registered dispensary and officers, board
members, agents and employees of the dispensary.
A.A registered dispensary is not subject to prosecution, search, seizure or penalty in any manner, including but not
limited to a civil penalty or disciplinary action by a business or an occupational or professional licensing board or
entity, and may not be denied any right or privilege solely for acting in accordance with this section to assist qualifying
patients with the medical use of marijuana in accordance with this chapter. [2011, c. 407, Pt. B, 32
(NEW).]
B.A principal officer, board member, agent or employee of a registered dispensary is not subject to arrest, prosecution,
search, seizure or penalty in any manner, including but not limited to a civil penalty or disciplinary action by a
business or an occupational or professional licensing board or entity, and may not be denied any right or privilege
solely for working for or with a registered dispensary to provide prepared marijuana to qualifying patients or to
otherwise assist qualifying patients with the medical use of marijuana in accordance with this chapter. [2011, c.
407, Pt. B, 32 (NEW).]
[ 2011, c. 407, Pt. B, 32 (NEW) .]
9. Prohibitions. The prohibitions in this subsection apply to a registered dispensary.
A.A dispensary may not possess more than 6 mature marijuana plants for each qualifying patient who has designated the
dispensary to cultivate marijuana for the qualifying patient's medical use subject to a limit of 6 mature plants total for a
patient who also cultivates marijuana. [2011, c. 407, Pt. B, 32 (AMD).]

24

B.A dispensary may not dispense, deliver or otherwise transfer marijuana to a person other than a qualifying patient who
has designated the dispensary to cultivate marijuana for the patient, to the patient's primary caregiver or to a dispensary
as provided in subsection 6, paragraphs G and L. [2013, c. 503, 5 (AMD).]
C.The department shall immediately revoke the registry identification card of a principal officer, board member or
employee of a dispensary who is found to have violated paragraph B, and such a person is disqualified from serving as
a principal officer, board member or employee of a dispensary. [2009, c. 631, 42 (AMD); 2009, c.
631, 51 (AFF).]
D. A person who has been convicted of a disqualifying drug offense may not be a principal officer, board member or
employee of a dispensary.
(1) A person who is employed by or is a principal officer or board member of a dispensary in violation of this
paragraph commits a civil violation for which a fine of not more than $1,000 may be adjudged.
(2) A person who is employed by or is a principal officer or board member of a dispensary in violation of this
paragraph and who at the time of the violation has been previously found to have violated this paragraph commits
a Class D crime. [2009, c. 631, 42 (AMD); 2009, c. 631, 51 (AFF).]
E.A dispensary may acquire prepared marijuana only from a primary caregiver in accordance with section 2423-A,
subsection 2, paragraph H or K, through the cultivation of marijuana by that dispensary either at the location of the
dispensary or at the one permitted additional location at which the dispensary cultivates marijuana for medical use by
qualifying patients who have designated the dispensary to cultivate for them or from a dispensary as provided in
subsection 1-A, paragraph E. [2013, c. 503, 6 (AMD).]
F.A dispensary may not contract for the cultivation of seeds, seedlings or small plants or the cultivation, production or
preparation of marijuana or food containing marijuana for medical use. [2009, c. 631, 42 (NEW); 2009,
c. 631, 51 (AFF).]
G.A registered dispensary may not use a pesticide on marijuana except a pesticide that is used consistent with federal
labeling requirements, is registered with the Department of Agriculture, Conservation and Forestry, Board of
Pesticides Control pursuant to Title 7, section 607 and is used consistent with best management practices for pest
management approved by the Commissioner of Agriculture, Conservation and Forestry. A registered dispensary may
not in the cultivation of marijuana use a pesticide unless at least one registered dispensary employee involved in the
application of the pesticide is certified pursuant to section 1471-D and all other registered dispensary employees who
have direct contact with treated plants have completed safety training pursuant to 40 Code of Federal Regulations,
Section 170.130. A registered dispensary employee who is not certified pursuant to section 1471-D and who is
involved in the application of the pesticide or handling of the pesticide or equipment must first complete safety
training described in 40 Code of Federal Regulations, Section 170.230. [2013, c. 498, 2 (AMD).]
[ 2013, c. 498, 2 (AMD);

2013, c. 503, 5, 6 (AMD) .]

Local regulation. This chapter does not prohibit a political subdivision of this State from limiting the number of
dispensaries that may operate in the political subdivision or from enacting reasonable regulations applicable to dispensaries.
A local government may not adopt an ordinance that is duplicative of or more restrictive than the provisions of this Act. An
ordinance that violates this subsection is void and of no effect.

10.

[ 2011, c. 407, Pt. B, 32 (AMD) .]

11.
Limitation on number of dispensaries. The department shall adopt rules limiting the number and location of
registered dispensaries. During the first year of operation of dispensaries the department may not issue more than one
registration certificate for a dispensary in each of the 8 public health districts of the department, as defined in section 411.
After review of the first full year of operation of dispensaries and periodically thereafter, the department may amend the
rules on the number and location of dispensaries; however, the number of dispensaries may not be less than 8.
[ 2011, c. 407, Pt. B, 32 (AMD) .]

12.
Labels. If a dispensary affixes a label on the packaging of any marijuana or product containing marijuana provided
to a qualifying patient and that label includes information about contaminants, the cannabinoid profile or potency of the
marijuana or product containing marijuana, the label must be verified by a marijuana testing facility that is not owned by
the dispensary if there is a marijuana testing facility licensed, certified or approved in accordance with this chapter.
[ 2015, c. 475, 24 (NEW) .] SECTION HISTORY
IB 2009, c. 1, 5 (NEW). 2009, c. 631, 42 (AMD). 2009, c. 631, 51
(AFF). 2011, c. 407, Pt. B, 32 (AMD). RR 2013, c. 1, 41 (COR). 2013,
c. 371, 4 (AMD). 2013, c. 374, 2 (AMD). 2013, c. 393, 4 (AMD).
2013, c. 394, 7, 8 (AMD). 2013, c. 498, 2 (AMD). 2013, c. 501, 2
(AMD). 2013, c. 503, 2-6 (AMD). 2013, c. 516, 15 (AMD). 2015, c.
475, 22-24 (AMD).

2429. ENFORCEMENT
1. Department fails to adopt rules.
[ 2011, c. 407, Pt. B, 33 (RP) .]
2. Department fails to issue a valid registry identification card. If the department fails to issue a valid registry
identification card or a registration certificate in response to a valid application or renewal submitted pursuant to this
chapter within 45 calendar days of its submission, the registry identification card or registration certificate is deemed
granted, and a copy of the registry identification application or renewal is deemed a valid registry identification card.
[ 2009, c. 1, 5 (NEW) .]
3. Department fails to accept applications.
[ 2011, c. 407, Pt. B, 34 (RP) .] SECTION HISTORY
IB 2009, c. 1, 5 (NEW). 2009, c. 631, 43, 44 (AMD). 2009, c.
51 (AFF). 2011, c. 407, Pt. B, 33, 34 (AMD).

631,

2430. MEDICAL USE OF MARIJUANA FUND ESTABLISHED

1. Fund established. The Medical Use of Marijuana Fund, referred to in this section as "the fund," is established as an Other
Special Revenue Funds account in the Department of Health and Human Services for the purposes specified in this section.
[ 2009, c. 631, 45 (NEW);

2009, c. 631, 51 (AFF) .]

2. Sources of fund. The State Controller shall credit to the fund:

A.All money received as a result of applications and reapplications for registration as a qualifying patient, primary
caregiver and dispensary; [2009, c. 631, 45 (NEW); 2009, c. 631,
51 (AFF).]
B.All money received as a result of applications and reapplications for registry identification cards for registered patients,
primary caregivers and dispensaries and board members, officers and employees of dispensaries or marijuana testing
facilities; [2015, c. 475, 25 (AMD).]
C.All penalties and fines assessed for violations of this chapter; [2009, c. 631, 45 (NEW); 2009, c.
631, 51 (AFF).]
D.All money from any other source, whether public or private, designated for deposit into or credited to the fund; and
[2009, c. 631, 45 (NEW); 2009, c. 631, 51 (AFF).]
E.Interest earned or other investment income on balances in the fund. [2009, c. 631, 45 (NEW); 2009, c.
631, 51 (AFF).]
[ 2015, c. 475, 25 (AMD) .]

3. Uses of the fund. The fund may be used for expenses of the department to administer this chapter, as allocated by the
Legislature.
[ 2009, c. 631, 45 (NEW); 2009, c. 631, 51 (AFF) .] SECTION HISTORY
2009, c. 631, 45 (NEW). 2009, c. 631, 51 (AFF). 2015, c. 475, 25
(AMD).

2430-A. COMPLIANCE
The department may take action necessary to ensure compliance with this chapter, including, but not limited to,
collecting, possessing, transporting and performing laboratory testing on soil and marijuana plant specimens and portions of
products containing marijuana from registered primary caregivers and registered dispensaries to determine compliance with
this chapter and for evidence purposes. [2015, c. 475,
26 (AMD).]

26

1. Responding to a complaint alleging non-compliance. The department shall respond to valid reports regarding
alleged violation of this chapter and rules adopted by the department. Rules adopted pursuant to this subsection are routine
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
A. Reports alleging violation of this chapter or rules adopted by the department and complaints of conduct related to
medical use marijuana that poses potential risk to public health and safety must be entered into an electronic database
maintained by the department within 1 business day of receipt.
B. The department shall document the assignment of each complaint. The department shall screen and assign or refer valid
reports within 3 business days of receipt. Prior to referring to another entity, the department shall determine the
protections afforded to a person authorized conduct under this chapter against whom a report has been entered.
C. Department staff may be assigned to assess compliance of a patient, primary caregiver or cardholder who is alleged to
be in violation of this chapter or rules adopted by the department. The department may refer to law enforcement when
the department determines conduct is criminal activity, including diversion. For the purpose of a criminal investigation,
the department shall disclose the unlawful conduct by the person who is identified in this chapter and who is the
subject of the report or complaint.
D.

The department must provide notification of receipt of the complaint to the subject of the report within 3 business
days of assignment. The department notification must inform that respondent of the nature of the report, and whether
the department is conducting an on-site assessment or has referred the report to another entity. This subsection does not
restrict the department from presenting without prior notice to assess compliance at any location where conduct
described under this chapter is occurring if the reported alleged violation poses jeopardy to health and safety.

E. The department must provide the outcome of an on-site assessment to the subject of the report within 30 days of
assigning the report. A person aggrieved by the departments actions may file an appeal for an Administrative Hearing
to dispute the departments findings of an onsite assessment in accordance with this chapter and rules adopted by
department. Failure of the department to issue a notice of findings within 30 days of an on-site assessment voids the
initial findings and requires the department to complete an on-site assessment before taking further action. The
department may revoke authorization for conduct described under this chapter for a violation of this chapter and rules
adopted by the department and, except as otherwise stated, the department shall provide the respondent a period of ten
days to remedy a violation identified by the department prior to revoking authorized conduct. The department may a
revoke registry identification card issued to any person who the department has determined is non-compliant with plan
of correction or has repeated the same violation within one calendar year.
1. When the department completes an onsite assessment and issues findings of non-compliance to a person authorized
under this chapter, the department shall notify the person of the following, as applicable:
A. Request for an informal hearing. Within 10 days of receipt of the departments notice of findings of non-compliance,
the person may file a written request with the department for an informal hearing.
B. Hearing proceedings. The informal hearing shall be held in accordance with the rules and procedures of the
departments Hearings Unit, and the Hearing Officer shall issue a recommended decision within the applicable time
frames as provided by statute or rule. All hearing officer decisions shall be in the form of recommended decisions, with
final agency action reserved to the Commissioner of the Department. The Commissioner shall issue a final decision
either adopting, modifying or rejecting the Hearing Officer's recommended decision within 30 business days of the
date of the recommended decision. In the event the final decision of the Commissioner results in the modification or
rejection of the recommended decision, the Commissioner shall state in writing the basis for his or her decision. In the
event the Commissioner should fail to issue a written final decision within 30 business days of the date of the
recommended decision, the recommended decision of the Hearing Officer shall be deemed the final decision of the
Commissioner. The Hearing Officer shall furnish his or her recommended decision to the person aggrieved, the
MMMP Program Administrator and the Office of the Attorney General. The Commissioner's decision constitutes final
agency action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.
All decisions of the Commissioner must include notice of the aggrieved party's right to judicial review, including the
requisite timeframe for filing an appeal. A person aggrieved by a decision issued may file, within 30 days of the notice
of the decision, a complaint with the Superior Court as provided in 5 MRSA 11002.
SECTION HISTORY
2009, c. 631, 46 (NEW). 2009, c. 631, 51 (AFF). 2013, c. 516,
(RPR). 2015, c. 475, 26 (AMD).

16

2430-B. ADMISSIBILITY OF RECORDS

A certificate, signed by the commissioner or the commissioner's designee, stating what the records of the department
show on any given matter related to this chapter is admissible in evidence in all courts of this State to prove what the
records of the department are on that matter. Upon testimony of a law enforcement officer that the certificate and records
were obtained by that law enforcement officer from the department, the court shall admit that certificate and those records
as evidence without any further foundation or testimony. If the department stores records in a computer or similar device, a
printout or other output readable by sight of information stored in the department's computer or similar device, certified by
the commissioner or the commissioner's designee as an accurate reflection of the stored information, is admissible in
evidence to prove the content of the records. [2011, c. 383, 5 (NEW); 2011, c. 407, Pt. B, 35
(NEW).]

SECTION HISTORY
2011, c. 383, 5 (NEW).

2011, c. 407, Pt. B, 35 (NEW).

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This bill:
1. Amends the definition for incidental amount of marijuana
2. Adds definition for cannabis plant, clone, excess marijuana, harvested marijuana, immature
plant, non-flowering, onsite assessment and seedling.
3. Amends definitions for inventory supply interruption to include provisions for a primary
caregiver; enclosed locked, facility to clarify outdoor cultivation is permitted; members of
the same household; and prepared marijuana.
4. Amends the qualifying condition of intractable pain to include pain that a medical provider
determines is not managed effectively by prescription narcotics.
5. Allows a medical provider the discretion to issue a written certification for any medical
condition that the physician believes may be alleviated by the patient using marijuana for
medical use;
6. Replaces the limit of 2 ounces of marijuana that may be dispensed to a qualifying patient
who is a Maine resident during a 15-day period with a limit of no more than 2 pounds (one
quarter of the total allowable amount) in one transfer.
7. Allows a qualifying patient who is cultivating to furnish seeds and plants to another
qualifying patient.
8. Permits a patient who is a minor, homebound or who requires assistance with the acquisition,
preparation or administration of marijuana for medical use to designate more than one
primary caregiver who may to assist the patient as a non-cultivating caregiver.
9. Provides for an opportunity for an informal hearing process for specified persons aggrieved
by the departments enforcement action.
10. Prohibits a visiting qualifying patient from cultivating.
11. Permits primary caregiver designated to cultivate to furnish seeds and plants to an authorized
person.
12. Increases the number of employees that a registered cultivating primary caregiver may
employ. A primary caregiver designated to cultivate can employ one person per registry
identification card.
13. Permits an authorized primary caregiver to dispose of marijuana by furnishing the marijuana
to a designated primary caregiver in addition to a dispensary.
14. Allows for authorized transfers of marijuana by an cultivating caregiver for reasonable
compensation.
15. Requires a primary caregiver who is assisting more than two patients who are members of
the primary caregivers household or family to register.
16. Increases the patients access to preferred primary caregivers by authorizing a designated
primary caregiver to cultivate up to 6 mature plants per registry identification card. This
amendment replaces the limit of 6 plants per patient for up to 5 patients with a limit of 6
plants per card for up to 5 registry identification cards. The maximum number of plants
allowed for cultivation is unchanged.
17. Removes the limit of 2 ounces o prepared marijuana plus 8 lbs of incidental marijuana and
establishes the allowable amount of harvested marijuana to be up to 8 pounds that may be
possessed by a patient or authorized person on behalf of a qualifying patient.

28

18. Establishes the allowable amount of marijuana to be up to 8 pounds per registry

identification card for a designated primary caregiver required to register; no more than 8
pounds per patient up to two patients for a primary caregiver not required to register; and 8
pounds per patient for a dispensary designated by a patient.
19. Establishes tracking and reporting requires for registered primary caregivers and
dispensaries.
20. Permits the department to inspect areas related marijuana for medical use to assess
compliance with this chapter.
21. Reduces the review period from 10 days to 3 days for a second physician consultation for
minor qualifying patients written certification when there is a list of consulting physicians
and permits a physician to proceed with certification for a minor in the absence of a
consulting physician list maintained by the department.
22. Provides for the programs fund to be used at the departments discretion to reimburse
families for the cost of the required consultation by a second physician.
23. Requires rulemaking to implement process to sanction a person who violates the Act.
24. Extends immunity existing for dispensary employees, principal officers and board members
to registered primary caregivers and primary caregiver employees.
25. Authorizes the department in addition to law enforcement to remove marijuana determined
to be in excess of allowable limits.
26. Requires consultation with a minimum of three medical professionals, one of whom may be
selected by the petitioner, prior to accepting or denying a petition to add a debilitating
condition.

27.
Permits the department to establish a period of ineligibility for persons who have had
authorizations denied or revoked.
28. Requires the cardholder to notify the department when the information on the card issued by
the department is inaccurate.
29. Amends fees for applications.
30.
Adds a sanction for a person found to be in possession of a registry identification card issued to
another person.