C.M.R. 18, 691, ch. 2

Current through 2024-29, July 17, 2024

Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122)

Purpose

The Maine Medical Use of Marijuana Program Rule and the enabling statute, Maine Medical Use of Marijuana Act, govern the Maine Medical Use of Marijuana Program (MMMP). The Department is responsible for administering the MMMP to ensure qualifying patients' access to safe marijuana for medical use in the State of Maine. This rule clarifies statutory requirements and describes program administration and operations needed to carry out provisions of the statute. Implementation of program operations and assurance of lawful participation requires conjunctive application of both statute and rule.

This rule includes definitions of terms and procedures for issuing a certificate of registration to a dispensary and registry identification cards to persons authorized conduct under the Act. This rule also governs payments of fees and enforcement of these regulations.

The activities described in this rule and the enabling statute are considered a violation of federal law. Individuals participating in the MMMP may be subject to federal sanctions for what is otherwise considered authorized conduct in the State of Maine. The Department is not responsible or liable for the actions of program participants under this rule. This rule is effective 90 days following filing with the Secretary of State.

C.M.R. 18, 691, ch. 2

In November 2009, voters approved an initiated bill that changed Maine's medical use of marijuana laws (IB 2009, c.1, § 5) . See 22 M.R.S.A. Chapter 558-C.
The Maine Legislature amended the initiated bill. See Public Law 2009, Chapter 631 (Emergency Preamble) that took effect April 9, 2010.
Emergency Rules (filing 2010-174) took effect May 5, 2010 for 90 days.
ADOPTED
(NEW) 10-144 C.M.R. Chapter 122, Rules Governing the Maine Medical Use of Marijuana Program
EFFECTIVE DATE:
August 4, 2010 - filing 2010-317
AMENDED:
December 31, 2012 - filing 2012-353
June 19, 2013 - 2.7.1.2 added, 2.7.4.2 removed, filing 2013-142 (Emergency)
AMENDED: (limited use of pesticides)
September 17, 2013 - filing 2013-221
AMENDED:
February 1, 2018 - filing 2017-168
TRANSFERRED:
2019 - from the Department of Health and Human Services to the Department of Administrative and Financial Services, Office of Marijuana Policy

Statutory Authority 22 M.R.S. Chapter 558-C

22 M.R.S. §42

22-A M.R.S. § 205

P.L. 2011, Ch. 383(6)