18-691-2 Me. Code R. § 8

Current through 2024-36, September 4, 2024
Section 691-2-8 - FEES
A.Fees submissions. Fees must be payable to the Treasurer, State of Maine. Payment may be made by bank check, money order, or electronically if an electronic payment method is available.
1.Nonrefundable. An unsuccessful dispensary registration certificate applicant is refunded the amount of the application fee, less $1,000. All other fees are nonrefundable.
2.Application fee reduction. The Department may apply fees that are less than the amounts specified in this section when the reduction of application fees is in conformity to the statute and this rule.
a. The percent in reduction of fees shall be applied equally across cardholders, but may not be less than the minimum fee required by statute.
b. The Department shall revise application forms to reflect any change in the fee required for the calendar year that follows a requisite review of the MMMP budget.
B.Registered patient fee. A qualifying patient may voluntarily register with the Department to secure a registry identification card for the lawful medical use of marijuana. There is no fee for a qualifying patient to apply for or renew a Department-issued registry identification card.
C.Registered primary caregiver fees. Registered primary caregiver fees are governed by this rule and the statute. The registered primary caregiver is required to submit the fees as follows, except that when a lesser amount is indicated on the Department-approved application forms, the applicant shall pay the lesser amount indicated on the Caregiver Application and, if applicable, the Employee/Board Member/Principal Officer Application.
1.Application and annual renewal fee; cultivation. The primary caregiver designated to cultivate marijuana must submit an application fee and an annual renewal fee of $240 per registry identification card with the completed application and renewal form for a registry identification card.
a.Hospice inpatient program and nursing facilities designated as primary caregivers: no fee. There is no fee for hospice inpatient programs and nursing facilities designated as non-cultivating primary caregivers by a qualifying patient.
2.Discontinued patient designation. The designation represents the choice of the qualifying patient and the primary caregiver's commitment to assist the patient for the duration of the patient's medical use. When a patient designation is discontinued or rescinded, the registered primary caregiver may accept a designation by a new qualifying patient in place of the former qualifying patient so long as that occurs within ten days of the rescission or discontinuance. The primary caregiver must comply with reporting required by this rule and the statute regarding changes to the registry identification cards and patient designations. Unless the registered primary caregiver possesses five registry identification cards at the time the patient designation is discontinued, the primary caregiver's application for a registry identification card must be filed before the caregiver may assist a new patient.
a.Pro-rate registration fee. The Department shall prorate the registration fee paid by the primary caregiver for a registry identification card for the new qualifying patient by reducing it by $20 for each month left on the primary caregiver's unexpired registry identification card for the former qualifying patient.
b.Caregiver registration status. When the primary caregiver complies with this section of this rule and the statute, the primary caregiver's registration status continues in full effect without interruption.
3.Per patient fee paid annually. Instead of paying the fee at the time of designation by a qualifying patient, a primary caregiver may choose to submit an annual fee equal to $1,200, based on $240 per patient that allows the registered primary caregiver to change the qualifying patients who designate them to cultivate marijuana throughout the year without submitting the per-patient fee at the time of the change. The primary caregiver may be designated to assist up to the maximum number qualifying patients at any one time in accordance with this rule and the statute.
4.Criminal history record check fees. Each primary caregiver application or renewal for a registry identification card or application for a caregiver employee must submit payment for $31 payable to the Treasurer, State of Maine for the cost of criminal background checks. The background check fee is assessed on each registry identification card application or renewal including applications or renewals submitted by primary caregivers who are exempt from the application or renewal fee. The Department may waive this requirement for a cardholder applying for an additional registry identification card within 12 months of the cardholder's completed background check.
D.Registered dispensary fees. Registered dispensary fees are governed by this rule and the statute. The registered dispensary is required to submit the fees as follows, except that when a lesser amount is indicated on the Dispensary Registration Certificate Application and Employee/Board Member/Principal Officer Application, the dispensary shall pay the lesser amount.
1.Dispensary registration certificate application fee. The $12,000 registration fee must be submitted with the dispensary's completed registration certificate application.
2.Dispensary registration certificate renewal fee. The $12,000 registration renewal fee must be submitted annually with the dispensary's completed registration renewal form. The annual renewal fee is non-refundable.
3.Dispensary registry identification card fee. The registered dispensary shall be assessed a $25 fee for each dispensary registry identification card issued for each principal officer, board member and employee of the registered dispensary.
4.Dispensary registry identification card; renewal fee. The registered dispensary shall be assessed a $25 fee for the annual renewal of each dispensary registry identification card issued for each principal officer, board member and employee of the registered dispensary.
5.Criminal history record check. Each principal officer, board member and employee of the registered dispensary is required to have a criminal history record check at least annually. The registered dispensary must include a check for $31 payable to the "Treasurer, State of Maine" for the cost of criminal background checks with each application or renewal for a registry identification card for each principal officer, board member and employee of the registered dispensary. The Department may waive this requirement for a cardholder applying for an additional registry identification card within 12 months of the cardholder's completed background check.
6.Change of location fee. A registered dispensary that changes its physical location or its cultivation location is required to submit a completed Department-approved change in location form to secure a new dispensary registration certificate. The Dispensary/Cultivation Change in Location Application is available by request. The dispensary shall be assessed a fee of $4,000 for each change of the dispensary's physical location or its cultivation location.
E.Processing fee: reissued card. A processing fee of $10 shall be charged to registered cardholders for reissuing a lost card or a card reissued by the Department due to changes regarding the information on the registry identification card, such as an address change.
F.Laboratory testing fees. Registered dispensaries are responsible for the cost of required laboratory testing. A registered primary caregiver or registered dispensary will be responsible for the minimum testing fee required by statute and for laboratory charges not exceeding $300 per test specimen for each sample collected by the Department for compliance purposes.

18-691 C.M.R. ch. 2, § 8