18-691-2 Me. Code R. § 5

Current through 2024-21, May 22, 2024
Section 691-2-5 - QUALIFYING PATIENT
A.Authorized conduct: qualifying patient. The authorized conduct of a qualifying patient is governed by this rule and the statute. A qualifying patient possessing a valid medical provider written certification who is compliant with this rule and the statute is protected under the Act when exercising authorized conduct. Registration is voluntary for qualifying patients who want to secure a Department-issued registry identification card.
B.One valid written certification. Prior to engaging in the medical use of marijuana, a qualifying patient must obtain a valid written certification from his or her medical provider in accordance with this rule and the statute. A qualifying patient may not possess more than one medical provider written certification at one time, except that a visiting qualifying patient is required to have both the valid written medical use of marijuana certification from his or her home jurisdiction and a valid Maine written certification signed by the patient's treating medical provider.
1.Written certification required. Prior to obtaining or using marijuana for medical use, a qualifying patient, including non-registered patients, voluntarily registered patients and visiting patients, must obtain a written certification from his or her medical provider in accordance with this rule.
a. The written certification form must be printed on tamper-resistant paper.
b. The written certification may not disclose the medical condition on the written certification issued to the patient for the medical use of marijuana.
c. The written certification expires within one year after issuance. Each written certification must include the date issued and the expiration date.
d. The written certification must be issued in the course of bona fide medical provider-patient relationship. The patient is responsible for providing the necessary information in order for the medical provider to maintain documentation as required by this rule to demonstrate an existing bona fide medical provider-patient relationship.
C.Updated certification required. When a qualifying patient has a name change or address change, the qualifying patient must secure an updated written certification from the patient's medical provider. A written certification that has not been updated within 30 days to correct outdated patient information is not valid.
D.Patients who may not cultivate. Qualifying patients who may not cultivate their own marijuana for medical use are set out in this rule and the statute.
1.Minor qualifying patients may not cultivate. A minor qualifying patient may not cultivate his or her own marijuana. Only one of the minor's primary caregivers described in this rule and the statute may be designated to cultivate marijuana for the minor qualifying patient's medical use. Instead of designating a primary caregiver to cultivate marijuana, a dispensary may be designated to cultivate marijuana for the minor qualifying patient.
2.Incapacitated adult qualifying patients may not cultivate. An incapacitated adult qualifying patient may not cultivate his or her own marijuana. Only one of the primary caregivers described in these rules may be designated to cultivate marijuana for the incapacitated adult qualifying patient's medical use. Instead of designating a primary caregiver to cultivate marijuana, a dispensary may be designated to cultivate marijuana for the incapacitated adult qualifying patient.
3.Visiting qualifying patients. A visiting qualifying patient may not cultivate marijuana. A visiting qualifying patient may designate a registered primary caregiver or a dispensary to cultivate marijuana for medical use.
E.Patient designation to assist. The qualifying patient must complete the Department-approved Caregiver/Dispensary Designation Form required to designate a primary caregiver to assist the qualifying patient in the medical use of marijuana. Only specified qualifying patients may have two primary caregivers. The patient must provide the designation card and a copy of the signed and dated designation form to the designee. The Caregiver/Dispensary Designation Form is available on the Department's webpage at http://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/index.shtml.
F.Designation required to cultivate. When a qualifying patient elects to designate either a primary caregiver or a registered dispensary to cultivate marijuana for the qualifying patient's medical use, the patient must complete the Department-approvedCaregiver/Dispensary Designation Form to designate the authorized conduct of the primary caregiver or dispensary. A patient may designate one source to cultivate and must specify the total number of plants the designee may cultivate on the patient's behalf. Designating a primary caregiver primary caregiver or dispensary does not preclude a patient from cultivating for himself or herself; however, at no time may the combined cultivation by the qualifying patient and the patient's designee exceed the maximum limits of plants permitted by statute. The patient must provide the designation card and a copy of the signed and dated designation form to the designee. The Caregiver/Dispensary Designation Form is available on the Department's webpage at http://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/index.shtml.
G.Patient rescinds designation. The patient may change his or her designated registered dispensary or primary caregiver at any time by notifying the registered dispensary or primary caregiver of the change. A qualifying patient may rescind the designation of a primary caregiver or dispensary by signing and dating the rescission section of the designation form and providing a copy of the updated form to the primary caregiver or dispensary. The patient who recently terminated a designation may not obtain marijuana from another source, including a newly designated primary caregiver or dispensary, if the transfer results in the patient possessing more than the amount permitted by statute.

18-691 C.M.R. ch. 2, § 5