18-691-2 Me. Code R. § 3

Current through 2024-24, June 12, 2024
Section 691-2-3 - CULTIVATION OF MARIJUANA FOR MEDICAL USE
A.Cultivation of marijuana for medical use. All cultivation of marijuana for medical use must comply with this rule and the statute. A person authorized to cultivate marijuana for medical use is restricted to cultivating in an enclosed, locked facility or area on property that is owned or under the control of the qualifying patient, caregiver or registered dispensary, subject to the limitations below.
1.Shared cultivation locations. Family members and household members are permitted to share an enclosed, locked area for cultivating marijuana plants for medical use in accordance with 22 M.R.S. §§2423-A(1)(B) and (3) (D).
a. Two or more patients who are members of the same household may share the same enclosed, locked cultivation facility to cultivate the marijuana for their own medical use in accordance with the statute.
b. No more than two primary caregivers who are members of the same family or household may share the same enclosed, locked facility to cultivate marijuana on behalf of qualifying patients in accordance with the statute.
c. A primary caregiver employee may not cultivate the employee's marijuana in the same enclosed, locked facility used by the primary caregiver who employs the employee.
2.Indoor cultivation. Indoor cultivation locations are subject to provisions related to electrical installation and inspections by State electrical inspectors as set out in 32 M.R.S. §§1104 and 1105.
3.Legible tag on each plant. The identification system used by the primary caregiver or dispensary to identify plants must include, at a minimum, the unique numeric identifier appearing on the patient's valid written certification that is tagged to each mature and immature plant cultivated on behalf of that patient and included as part of that patient's record.
B.Security. Cultivation of marijuana for medical use requires implementation of appropriate security measures to discourage theft of marijuana, ensure safety and prevent unauthorized entrance to a cultivation site in accordance with this rule and the statute.
1.Fence. An enclosed outdoor cultivation area must have a privacy fence at least six feet high that obscures the view of the marijuana to discourage theft of marijuana and prevent unauthorized intrusion.
a. Qualifying patients, primary caregivers and registered dispensaries must comply with local ordinances, if any, regarding boundary setback requirements.
2. Locks. Enclosed, locked facilities and enclosed outdoor areas must have locks sufficient to discourage theft and unauthorized entrance.
C.Access to a cultivation location. In accordance with 22 M.R.S. §§2423-A(3)(A) and (3) (B), and 2428(I), access to a cultivation area is restricted. An individual who is authorized to cultivate marijuana may not permit access to the cultivation area except as specified by statute and this rule. Prior to allowing access, a valid Maine driver's license or other State-issued photographic identification must be reviewed by the person who owns or controls the cultivation area as proof of identity.
D.Packaging and labeling. The labels on prepared marijuana and goods containing marijuana that are sold by dispensaries and primary caregivers are evidence of compliance is rule and the statute. Packaged marijuana and products containing marijuana for medical use must report total amount of prepared marijuana as evidence of compliance. Dispensing may not exceed statutory limits. The packaging and labeling of prepared marijuana and marijuana products for sale by registered dispensaries and primary caregivers must comply with applicable State labeling laws, including provisions in 22 M.R.S. §2157, this rule and the Maine Medical Use of Marijuana Act.
1.Organic certification. Marijuana for medical use may not be labeled "organic" unless the marijuana plants and prepared marijuana are produced, processed and certified to be consistent with applicable legal standards.

18-691 C.M.R. ch. 2, § 3