18-691-2 Me. Code R. § 1

Current through 2024-21, May 22, 2024
Section 691-2-1 - DEFINITIONS

Definitions in this rule are in addition to definitions in the statute. As used in this rule, unless the context otherwise indicates, the following terms have the following meanings.

A.Act means the Maine Medical Use of Marijuana Act.
B.Adulterated, for the purposes of this rule, means made impure or inferior by adding extraneous ingredients. Goods that are prepared in food establishments that are licensed facilities pursuant to 22 M.R.S. §2167 and that contain marijuana for medical use by a qualifying patient are not considered to be adulterated.
C.Applicant means any person applying for a registry identification card to participate in the Maine Medical Use of Marijuana Program, hereinafter MMMP.
D.Bona fide medical provider-patient relationship means a relationship in which the treating medical provider has ongoing responsibility for the assessment, care, and treatment of a qualifying patient's debilitating medical condition with respect to the medical use of marijuana.
E.Cardholder means a registered patient, a registered primary caregiver, an employee of a 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.
F.Debilitating medical condition means a chronic or debilitating disease, medical condition or symptom that qualifies for the medical use of marijuana by a qualifying patient in accordance with 22 M.R.S., Chapter 558-C.
G.Deficiency means a violation of or failure to comply with a provision of this rule or the statute.
H.Department means the Department of Health and Human Services (DHHS).

(APA Office Note: transferred to the Department of Administrative and Financial Services, Office of Marijuana Policy, 2019.)

I. Dispensary means "registered dispensary," as defined in 22 MRS §2422(6).
J.Marijuana means the leaves, stems, flowers and seeds of all species of the plant genus cannabis, whether growing or not. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake or sterilized seed of the plant which is incapable of germination.
K.Marijuana; allowable usable amount of marijuana for medical use means two and a half ounces or less of prepared marijuana and a total of up to six mature marijuana plants that a person may be authorized to possess for each qualifying patient at any one time.
L.Marijuana; incidental amount of marijuana means, for each qualifying patient, up to 12 female nonflowering marijuana plants; an unlimited amount of marijuana seedlings, seeds, stalks and roots; and up to eight pounds of harvested dried unprepared marijuana in varying stages of processing that are not included when calculating the "allowable useable amount of marijuana."
M.Marijuana; seedling means a marijuana plant that has no flowers and is less than 12 inches in height and diameter. A plant that does not meet all three criteria will not be considered a seedling.
N.Marijuana; tincture means a liquid mixture created from a concentrated extract of marijuana for medical use for ingestion or inhalation by a qualifying patient.
O.Marijuana; topical treatment means a mixture or extract of marijuana for medical use made into a transcutaneous balm, lotion, ointment or rubbing alcohol solution.
P.Organic means certified by an accredited organic certifier in the State of Maine as being in compliance with the United States Department of Agriculture certification requirements applying to organic products.
Q.On-site assessment means the review process to determine compliance. An on-site assessment may include a paper review, interview and inspection of the medical marijuana cultivation, processing and retail sites and administrative locations for the purpose of ensuring compliance with the requirements of statute and this rule.
R.Paraphernalia, for the purpose of this rule, is limited to equipment, products and materials that are used in planting, propagating, cultivating, growing, harvesting, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana for medical use into the human body. Paraphernalia includes, but is not limited to the following:
1. Kits used or intended for use in the planting, propagating, cultivating, growing or harvesting of any species of marijuana;
2. Isomerization devices used or intended for use in increasing the potency of any species of the marijuana plant;
3. Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of marijuana;
4. Scales and balances used or intended for use in weighing or measuring marijuana;
5. Separation gins and sifters, used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
6. Envelopes and other containers used or intended for use in packaging small quantities of marijuana for medical use;
7. Containers and other objects used or intended for use in storing medical marijuana; and
8. Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana into the human body, including but not limited to:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning marijuana cigarettes that have become too small or too short to be held in the hand;
f. Chamber pipes;
g. Carburetor pipes;
h. Electric pipes;
i. Air-driven pipes;
j. Chillums;
k. Bongs designed for marijuana and not for cocaine; or
l. Ice pipes or chillers.
S. Primary caregiver means a person who is designated by a qualifying patient and authorized to assist the qualifying patient with the medical use of marijuana in accordance with this rule.
T.Visiting qualifying patient means a patient who is not a resident of Maine or who has been a resident of Maine fewer than 30 days, and who is qualified by another jurisdiction for the medical use of marijuana and authorized for the medical use of marijuana in Maine pursuant to this rule and the statute.

18-691 C.M.R. ch. 2, § 1