22 §2422. Definitions
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 558-C: MAINE MEDICAL USE OF MARIJUANA ACT
§2422. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [IB 2009, c. 1, §5 (NEW).]
1. Cardholder. "Cardholder" means a registered patient, a registered primary caregiver or a principal officer, board member or employee of a registered dispensary who has been issued and possesses a valid registry identification card.
[ 2009, c. 631, §51 (AFF); 2009, c. 631, §8 (AMD) .]
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, Crohn’s disease, agitation of Alzheimer’s disease, nail-patella syndrome or the treatment of these conditions; [IB 2009, c. 1, §5 (NEW).]
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; [IB 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; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; or [IB 2009, c. 1, §5 (NEW).]
D. Any other medical condition or its treatment approved by the commissioner as provided for in section 2424, subsection 2. [2009, c. 631, §51 (AFF); 2009, c. 631, §9 (AMD).]
[ 2009, c. 631, §51 (AFF); 2009, c. 631, §9 (AMD) .]
3. Enclosed, locked facility. "Enclosed, locked facility" means a closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by a cardholder.
[ IB 2009, c. 1, §5 (NEW) .]
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 [IB 2009, c. 1, §5 (NEW).]
B. An offense that consisted of conduct that would have been permitted under this chapter. [IB 2009, c. 1, §5 (NEW).]
[ 2009, c. 631, §10 (AMD); 2009, c. 631, §51 (AFF) .]
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 registered patient's debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.
[ 2009, c. 631, §11 (AMD); 2009, c. 631, §51 (AFF) .]
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 registered patients who have designated the dispensary to cultivate marijuana for their medical use and the registered primary caregivers of those patients.
[ 2009, c. 631, §12 (AMD); 2009, c. 631, §51 (AFF) .]
6-A. Onsite assessment. "Onsite assessment" means a visit by an employee of the department for the purpose of ensuring compliance with the requirements of this chapter to any site where marijuana is grown by a registered primary caregiver who has been designated pursuant to section 2425, subsection 1, paragraph F to cultivate marijuana for 3, 4 or 5 registered patients at one time.
[ 2009, c. 631, §13 (NEW); 2009, c. 631, §51 (AFF) .]
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, §15 (RP); 2009, c. 631, §51 (AFF) .]
9. Qualifying patient. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.
[ IB 2009, c. 1, §5 (NEW) .]
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.
[ IB 2009, c. 1, §5 (NEW) .]
11. Registered primary caregiver. "Registered primary caregiver" or "primary caregiver" means a person, a hospice provider licensed under chapter 1681 or a nursing facility licensed under chapter 405 that provides care for a registered patient and that has been named by the patient as a primary caregiver to assist with a registered patient's medical use of marijuana. 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.
[ 2009, c. 631, §16 (RPR); 2009, c. 631, §51 (AFF) .]
12. Registered patient. "Registered patient" or "patient" means a qualifying patient who is registered by the department pursuant to section 2425, subsection 1.
[ 2009, c. 631, §17 (AMD); 2009, c. 631, §51 (AFF) .]
13. Registry identification card. "Registry identification card" means a document issued by the department that identifies a person as a registered patient, registered primary caregiver or principal officer, board member or employee of a dispensary.
[ 2009, c. 631, §18 (AMD); 2009, c. 631, §51 (AFF) .]
14. Prepared marijuana. "Prepared marijuana" means the dried leaves and flowers of the marijuana plant and any mixture or preparation of those dried leaves and flowers, including but not limited to tinctures, ointments and other preparations, but does not include the seeds, stalks 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.
[ 2009, c. 631, §19 (RPR); 2009, c. 631, §51 (AFF) .]
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.
[ IB 2009, c. 1, §5 (NEW) .]
16. Written certification. "Written certification" means a document signed by a physician and stating that in the physician'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 physician-patient relationship after the physician has completed a full assessment of the qualifying patient's medical history. The written certification must specify the qualifying patient's debilitating medical condition.
[ IB 2009, c. 1, §5 (NEW) .]
SECTION HISTORY
IB 2009, c. 1, §5 (NEW). 2009, c. 631, §§8-19 (AMD). 2009, c. 631, §51 (AFF).