18-691-2 Me. Code R. § 2

Current through 2024-21, May 22, 2024
Section 691-2-2 - SCOPE AND PROTECTED CONDUCT
A.Protections: legal medical use of marijuana. The protections and requirements of this rule is for conduct expressly authorized by this rule and the statute for the legal medical use of marijuana in the State of Maine by qualifying patients, and for those authorized to assist qualifying patients. To receive protection for conduct authorized by this rule and the statute, individuals must comply with applicable provisions of rule and statute, including possessing required documents as proof of authorized conduct. Protections under this rule do not extend to individuals who are not authorized to possess, cultivate, dispense, transport, furnish or administer marijuana for medical use.
1.Violation of other laws. These protections do not extend to violations of other State and federal laws.
2.Protected conduct of lawful possession of marijuana for medical use. An authorized person who is compliant with statute and rule may lawfully possess marijuana plants, an "allowable useable amount of prepared marijuana" and an "incidental amount of marijuana" in accordance with statute and this rule. The incidental amount of marijuana is not included when calculating the allowable useable amount of marijuana for medical use.
3.Valid proof of authorized participation. A qualifying patient, primary caregiver, caregiver employee, or principal officer, board member or employee of a registered dispensary must possess a valid driver's license with a photograph or other photographic identification in accordance with 22 M.R.S. §§2423-E(5) and 2425(11) in order to establish proof of authorized participation in the medical use of marijuana program.
a. In addition to proof of identity, additional documentation is required as proof of authorized conduct.
i.Patient conduct. Qualifying patients are not required to register or to possess a registry identification card to receive protection for conduct authorized under this rule and the statute. A qualifying patient must possess the written certification from his or her medical provider and proof of identity in accordance with 22 M.R.S. §2423-E(5)(A) as proof of authorized conduct.
ii. Primary caregiver not required to register conduct. A primary caregiver who assists only a patient who is a member of the caregiver's family or household is not required to register. A primary caregiver who is not required to register may voluntarily register with the Department to obtain a registry identification card for each patient. A primary caregiver who assists patients who are family or household members, as defined by 22 M.R.S. §2422, must possess a valid designation form and designation card for each patient up to the maximum number permitted by statute as proof of authorized conduct.
iii.Registered cardholders conduct. A primary caregiver employee or principal officer, board member or employee of a registered dispensary who is engaging in conduct authorized under this rule is required to possess a valid registry identification card as proof of authorized conduct.
iv.Registered primary caregiver conduct. A caregiver who assists a patient who is not a member of the primary caregiver's family or household is required to register in accordance with 22 M.R.S. §2423-A(3)(C)(2). The primary caregiver must possess a registry identification card for each patient the caregiver assists up to the maximum permitted in order to receive protection for conduct authorized under this rule and the statute. The registered primary caregiver must also possess a valid designation form signed by each patient as proof of authorized conduct.
b.Trip ticket. A primary caregiver or cardholder authorized to transport marijuana may be required to possess a trip ticket as proof of authorized conduct. Requirements for trip tickets are specified in Sections 6(A), 7(Q) and 11(I) of this rule.
4.Protected conduct by anyone providing paraphernalia. Prior to providing paraphernalia in accordance with this rule and the statute, a person must verify proof of authorized conduct. See paragraph 3 of this subsection of rule for documents required as proof of authorized conduct.
5.Protected conduct by anyone providing marijuana or product containing marijuana. A person authorized to possess and furnish marijuana for medical use must verify proof of authorized conduct of any person prior to providing that person with marijuana or product containing marijuana, including samples for research and development or testing purposes pursuant to this rule and the statute. See paragraph 3 of this subsection of rule for documents required as proof of authorized conduct.
B.Lawful disposal of excess marijuana for medical use. The marijuana, including marijuana plants, prepared marijuana or harvested marijuana in excess of the limits provided in this rule and the statute and that is not dispensed or disposed in accordance with this rule may be subject to forfeiture to a law enforcement officer. Qualifying patients, primary caregivers, hospices and nursing facilities designated as primary caregivers, and registered dispensaries may lawfully dispose of excess prepared marijuana for medical use in accordance with this rule and the statute.
1.Furnishing excess prepared marijuana for medical use. Excess prepared marijuana for medical use that is no longer needed by the patient may be furnished to an authorized person in accordance with the statute and this rule. Qualifying patients, primary caregivers and registered dispensaries are prohibited from cultivating more than the allowed number of plants in accordance with the Act. Marijuana for medical use in excess of the limits authorized by this rule and the statute is a violation of this rule, the Maine Medical Use of Marijuana Act and may be a violation of 17-A M.R.S. Chapter 45.
2.Authorized transfer of excess prepared marijuana by a qualifying patient. For the purpose of disposing of excess prepared marijuana that is no longer needed for the qualifying patient's medical use, the qualifying patient may furnish or offer to furnish prepared marijuana to another qualifying patient in accordance with 22 M.R.S. §2423-A(1)(D) for that qualifying patient's medical use of marijuana.
3.Authorized transfer of excess prepared marijuana by a primary caregiver. For the purpose of disposing of excess prepared marijuana that is no longer needed for a qualifying patient's medical use, in accordance with 22 M.R.S. §2423-A(2), the primary caregiver, at no cost and not for resale, give it to qualifying patients and to a patient's designated caregiver if nothing of value is offered or transferred in return. Only a registered primary caregiver is permitted to sell excess prepared marijuana to a dispensary in accordance with statute. An authorized transfer of excess prepared marijuana to a dispensary may not exceed the limits specified in statute and this rule.
4.Authorized transfer of excess prepared marijuana by a registered dispensary. For the purpose of disposing of excess prepared marijuana that is no longer needed for a qualifying patient's medical use, the registered dispensary may, at no cost and not for resale, give it to qualifying patients if nothing of value is offered or transferred in return. The dispensary must keep records of these transactions. A dispensary may transfer excess prepared marijuana to another dispensary in accordance with 22 M.R.S. §2428(6)(L) and such transfer must be approved by the Department.
5.Authorized transfer of excess prepared marijuana by hospice or nursing facility. For the purpose of disposing of excess prepared marijuana for medical use that is no longer needed by the qualifying patient, a hospice provider or a nursing facility designated as a primary caregiver by that qualifying patient may give the prepared marijuana to a registered dispensary or another primary caregiver if nothing of value is offered or transferred in return.
6.Forfeit to a law enforcement officer. Marijuana plants, prepared marijuana and harvested marijuana in excess marijuana of limits permitted by the statute and this rule may be forfeited to law enforcement in accordance with 22 M.R.S. §§2423-A(7) and (8). For the purpose of disposing of excess marijuana for medical use, it may be transported to a State or local law enforcement office. Presentation of a valid registry identification card or a valid medical provider written certification and a Maine driver's license or other Maine-issued photographic identification may be required.
7.Dispensary inventory interruption. A dispensary may acquire excess prepared marijuana from a registered primary caregiver or dispensary during an inventory interruption following approval from the Department in accordance with this rule and the statute. Inventory interruption includes, but is not limited to, a circumstance that is of a catastrophic nature, including facility malfunctions or damage and loss resulting from extreme weather, contamination or other natural occurrences.
a.Approval to acquire excess prepared marijuana. Prior to accepting excess prepared marijuana from a primary caregiver or another dispensary, a dispensary must obtain approval from the Department. The dispensary must complete a Request for Acquisition form available by request to the Department. The Department shall respond within one business day of receipt of a completed Request for Acquisition form. The dispensary's request for approval to acquire marijuana from an authorized source must include:
i. An explanation of the inventory interruption to justify the request;
ii. The name and registry identification number of the source; and
iii. The strain, total amount and cost of the marijuana.
8.Defense for possession of excess marijuana. Except as provided in 22 M.R.S. §2426, a qualifying patient may assert the medical purpose for using marijuana as a defense to any prosecution involving possession of excess marijuana.
C.Criminal history record check. Registry identification cards may not be issued without an annual criminal history record check. An annual criminal history record check may include each state where the individual has resided since the age of 18. The Department may waive the requirement of a criminal history check if the cardholder's application for an additional registry identification card is submitted within 12 months of a completed background check. A qualifying patient who is registering voluntarily is not required to have a criminal history record check. Annual criminal history record checks are governed by this rule and statute.
1.Annual background checks. Updated background checks shall be conducted annually at the time of renewal of registry identification cards.
2.Notice of disqualifying drug conviction. When a criminal history record check reveals conviction for a disqualifying drug offense, the Department shall issue a written notice of the revocation or denial of a registry identification card to the cardholder and, if the person is an employee, to the person's employing primary caregiver or dispensary authorized under the Act.
D.Annual report.The Department shall submit to the Legislature an annual report in accordance with statute.

18-691 C.M.R. ch. 2, § 2