10-144-122 Me. Code R. § 3

Current through 2022-38, September 21, 2022
Section 144-122-3 - DEBILITATING MEDICAL CONDITIONS
3.1 List of debilitating medical conditions. A qualifying patient must have a written certification from a physician for at least one of the following debilitating medical conditions for the medical use of marijuana:
3.1.1 Disease or medical condition or its treatment.
3.1.1.1 Cancer;
3.1.1.2 Glaucoma;
3.1.1.3 Positive status for human immunodeficiency virus (HIV);
3.1.1.4 Acquired immune deficiency syndrome;
3.1.1.5 Hepatitis C;
3.1.1.6 Amyotrophic lateral sclerosis;
3.1.1.7 Crohn's disease;
3.1.1.8 Agitation of Alzheimer's disease; or
3.1.1.9 Nail-patella syndrome.
3.1.2 Intractable pain. A chronic or debilitating disease or medical condition or its treatment that produces intractable pain, as defined in Section 1.16 of these rules.
3.1.2.1 The physician must follow 2-373 or 2-383, Code of Maine Rules (C.M.R.), Chapter 21, Use of Controlled Substances for Treatment of Pain when certifying a patient for the medical use of marijuana.
3.1.3 Symptoms. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following symptoms:
3.1.3.1 Cachexia or wasting syndrome;
3.1.3.2 Severe nausea;
3.1.3.3 Seizures including but not limited to those characteristic of epilepsy; or
3.1.3.4 Severe and persistent muscle spasms including but not limited to those characteristic of multiple sclerosis; or
3.1.4 Other. Any other medical condition or its treatment that is approved by the commissioner, pursuant to Section 3.2 of these rules.
3.2 Public petitions: adding debilitating medical conditions: The department shall consider written public petitions to add a disease or medical condition to the list of debilitating medical conditions set forth in Section 3.1 of these rules.
3.2.1 A petition to add a disease or medical condition must be submitted on forms provided by the department.
3.2.2 The petition must clearly identify the specific debilitating disease or medical condition.
3.2.3 The petition must include reputable scientific evidence that supports the use of marijuana for the treatment of the disease or medical condition.
3.2.4 The petition must include sufficient evidence to demonstrate that the medical use of marijuana would benefit qualifying patients with the disease or medical condition.
3.2.4.1 A petition to benefit an individual patient on whose behalf the petition is submitted that does not comply with the provisions in Sections 3.2.2, 3.2.3, 3.2.4 and 3.2.5 shall be denied by the department.
3.2.5 The petition must include sufficient evidence that marijuana therapy is effective enough to warrant its use.
3.3 Public hearing. The department shall publish a notice indicating the date, time and place of the public hearing on the petition. The notice shall be posted on the department's webpage and electronically sent to individuals who contact the department to be placed on the department's interested parties' mailing list.
3.4 Written comments. The department shall accept written comments on the petition for 10 business days after the date of the public hearing.
3.5 Commissioner's decision. The commissioner shall approve or deny a petition within 180 days of its submission. The written decision shall include the factors supporting the decision. Factors considered by the commissioner include but are not limited to the following:
3.5.1 The written petition including required documentation;
3.5.2 Public testimony and written comments; and
3.5.3 Consultation with physicians and additional research conducted by or on behalf of the department at its discretion.
3.6 Final agency action. The approval or denial of a petition constitutes final agency action subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.

10-144 C.M.R. ch. 122, § 3