22 §2423-A. Authorized conduct for the medical use of marijuana
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 558-C: MAINE MEDICAL USE OF MARIJUANA ACT
§2423-A. Authorized conduct for the medical use of marijuana
1. Registered patient. Except as provided in section 2426, a registered patient may:
A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of marijuana as provided in subsection 5; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
B. Cultivate up to 6 marijuana plants if the patient elects to cultivate and the patient has not designated a registered primary caregiver or registered dispensary to cultivate marijuana on the patient's behalf; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
C. Possess marijuana paraphernalia; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
D. Furnish or offer to furnish to another registered patient for that person's medical use of marijuana up to 2 1/2 ounces of prepared marijuana if nothing of value is offered or transferred in return; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
E. Name one person, hospice provider or nursing facility as a primary caregiver. A 2nd person or hospice provider or nursing facility may be named as a 2nd primary caregiver if the patient is under 18 years of age. The primary caregivers for a patient are determined solely by the patient's preference as named on the application under section 2425, subsection 1 except that a parent, guardian or person having legal custody shall serve as a primary caregiver for a minor child pursuant to section 2425, subsection 2, paragraph B, subparagraph (2); [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
F. Designate one primary caregiver or a registered dispensary to cultivate marijuana for the medical use of the patient, except that a hospice provider or a nursing facility that is named as a primary caregiver by a registered patient and the staff of the provider or facility may not be designated to cultivate marijuana for the patient. The primary caregiver or dispensary that may cultivate marijuana for a patient is determined solely by the patient's designation on the application under section 2425, subsection 1; and [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
G. Be in the presence or vicinity of the medical use of marijuana and assist any registered patient with using or administering marijuana. [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF) .]
2. Registered primary caregiver. Except as provided in section 2426, a registered primary caregiver, for the purpose of assisting a registered patient who has named the primary caregiver as provided in section 2425, subsection 1, may:
A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of marijuana as provided in subsection 5 for each patient who has named the person as a primary caregiver; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
B. Cultivate up to 6 marijuana plants for each patient who has designated the primary caregiver to cultivate marijuana on the patient's behalf. 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; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
C. Assist no more than 5 patients at any one time with their medical use of marijuana; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
D. Receive reasonable monetary compensation for costs associated with assisting a patient who named the primary caregiver through the department's registration process; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
E. Receive reasonable monetary compensation for costs associated with cultivating marijuana for a patient who designated the primary caregiver to cultivate marijuana through the department's registration process; [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
F. Be in the presence or vicinity of the medical use of marijuana and assist any patient with the medical use or administration of marijuana; and [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
G. Prepare food as defined in section 2152, subsection 4 containing marijuana for medical use by a registered patient if the primary caregiver preparing the food has obtained a license pursuant to section 2167. [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF) .]
3. Cultivation of marijuana. The following provisions apply to the cultivation of marijuana by a registered patient under subsection 1 or a registered 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 them. [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
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 them. [2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF) .]
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 cards. 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) .]
5. Incidental amount of marijuana. For purposes of this section, any incidental amount of marijuana plants, seeds, stalks and roots, as defined by rule adopted by the department, is lawful for a registered patient or a registered primary caregiver to possess and is not included in the amounts of prepared marijuana specified in this section.
[ 2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF) .]
6. Onsite assessments by the department. Prior to making an onsite assessment of a registered primary caregiver who is designated to cultivate marijuana by 3 or more patients at any one time, the department shall provide 24 hours' notice to the registered primary caregiver.
[ 2009, c. 631, §21 (NEW); 2009, c. 631, §51 (AFF) .]
SECTION HISTORY
2009, c. 631, §21 (NEW). 2009, c. 631, §51 (AFF).