22 §2428. Registered dispensaries
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 558-C: MAINE MEDICAL USE OF MARIJUANA ACT
§2428. Registered dispensaries
1. Provisions pertaining to primary caregiver apply to nonprofit dispensary.
[ 2009, c. 631, §42 (RP); 2009, c. 631, §51 (AFF) .]
1-A. Provisions pertaining to registered dispensary. For the purpose of assisting a registered patient who has designated a registered dispensary to cultivate marijuana for the patient's medical use, a registered dispensary may in accordance with rules adopted by the department:
A. Possess up to 2 1/2 ounces of prepared marijuana and an incidental amount of marijuana for each patient who has designated the dispensary. For the purposes of this chapter, any incidental amount of marijuana plants, seeds, stalks and roots, as defined by rule adopted by the department, is lawful for a dispensary to possess and is not included in the amounts of prepared marijuana specified in this paragraph; [2009, c. 631, §42 (NEW); 2009, c. 631, §51 (AFF).]
B. Cultivate up to 6 marijuana plants for each patient who has designated the dispensary to cultivate the plants on the patient's behalf; [2009, c. 631, §42 (NEW); 2009, c. 631, §51 (AFF).]
C. Receive reasonable monetary compensation for costs associated with assisting or for cultivating marijuana for a patient who designated the dispensary through the department's registration process; and [2009, c. 631, §42 (NEW); 2009, c. 631, §51 (AFF).]
D. Assist any patient who designated the dispensary through the department's registration process to cultivate marijuana with the medical use or administration of marijuana. [2009, c. 631, §42 (NEW); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §42 (NEW); 2009, c. 631, §51 (AFF) .]
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 within 30 days to any person or entity that provides:
(1) An annual fee paid to the department as set by rule, in an amount not less than $5,000 and not more than $15,000;
(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;
(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. [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
B. The department shall track the number of registered patients who designate a dispensary to cultivate marijuana for them and issue to each dispensary 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 week. [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 10 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 may conduct a background check of each principal officer, board member or employee in order to carry out this provision. The department shall notify the dispensary in writing of the reason for denying the registry identification card. [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF) .]
3. Rules. By July 1, 2010, 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; [IB 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 registered patients who have designated the dispensary to cultivate for them; [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
C. Minimum record-keeping requirements for dispensaries, including recording the disposal of marijuana that is not distributed by the dispensary to registered patients who have designated the dispensary to cultivate for them; [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
D. Minimum security requirements for dispensaries and any additional location at which the dispensary cultivates marijuana for medical use by registered patients who have designated the dispensary to cultivate for them; and [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
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).]
[ 2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF) .]
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 registered patients who have designated the dispensary to cultivate for them is 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.
[ 2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF) .]
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 registered patients who have designated the dispensary to cultivate marijuana. The bylaws of a dispensary and its contracts with registered 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. [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
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 registered patients who have designated the dispensary to cultivate for them. [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
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 registered patients who have designated the dispensary to cultivate marijuana for them with the medical use of marijuana directly or through the registered patients' other primary caregivers. [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
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 plants are being transported between the dispensary and a location at which the dispensary cultivates them, as disclosed to the department in subsection 2, paragraph A, subparagraph (3). [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
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 for medical use by a registered patient. [2009, c. 631, §42 (NEW); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF) .]
7. Maximum amount of marijuana to be dispensed. 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 to a registered patient or to a primary caregiver on behalf of a registered patient during a 15-day period.
[ 2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF) .]
8. Immunity.
[ 2009, c. 631, §42 (RP); 2009, c. 631, §51 (AFF) .]
9. Prohibitions. The prohibitions in this subsection apply to a registered dispensary.
A. A dispensary may not possess more than 6 live marijuana plants, as defined in rules adopted by the department, for each registered patient who has designated the dispensary to cultivate marijuana for the registered patient's medical use. [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
B. A dispensary may not dispense, deliver or otherwise transfer marijuana to a person other than a registered patient who has designated the dispensary to cultivate marijuana for the patient or to the patient's other registered primary caregiver. [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
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 not acquire prepared marijuana or marijuana plants except 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 registered patients who have designated the dispensary to cultivate for them. [2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF).]
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).]
[ 2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF) .]
10. 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.
[ 2009, c. 631, §42 (AMD); 2009, c. 631, §51 (AFF) .]
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.
[ 2009, c. 631, §42 (NEW); 2009, c. 631, §51 (AFF) .]
SECTION HISTORY
IB 2009, c. 1, §5 (NEW). 2009, c. 631, §42 (AMD). 2009, c. 631, §51 (AFF).