18-691-2 Me. Code R. § 9

Current through 2024-21, May 22, 2024
Section 691-2-9 - REGISTRY IDENTIFICATION CARD
A.Registry identification card required. Persons who are required to register pursuant to statute and this rule, must possess a valid registry identification card issued by the Department and Maine-issued photographic identification to establish proof of authorized conduct. Registry identification cards are issued to the applicant to serve as proof of conduct authorized by the Department and protections do not extend beyond the approved cardholder. Only the approved cardholder may possess the registry identification card issued and the registry identification card may not be transferred. Applicants must complete the applicable application form and submit the required fees. The Caregiver Application and the Employee/Board Member/Principal Officer Application forms are available on the Department's website at http://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/index.shtml.
1.Primary caregiver required to register. A primary caregiver who assists a patient who is not a member of the primary caregiver's family or household is required to register and obtain a registry identification card for each patient. A registered primary caregiver may be issued up to a maximum of five registry identification cards.
a. An inpatient hospice or nursing home facility that assists a qualifying patient with the medical use of marijuana is required to register with the Department.
2.Primary caregiver not required to register. A primary caregiver who assists only patients who are family or household members 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 the caregiver assists up to the maximum permitted by statute.
3.Qualifying patient is not required to register. A qualifying patient may voluntarily register with the Department and obtain a registry identification card. A qualifying patient who is not registered must possess the required written certification and a valid photographic identification in accordance with statute.
4.Principal officer, board member or employee required to register. A registered primary caregiver's employee and a principal officer, board member or employee of a registered dispensary are required to register with the Department.
5.Denial of application. The Department may deny an application or renewal in accordance with the statute and this rule. Written notification of the Department's decision to deny an application for or renewal of a registry identification card and the reason for the denial shall be sent to the applicant within 30 days of receipt of the completed application.
B.Voluntary patient application for a registry identification card. A qualifying patient may voluntarily register with the Department to secure a registry identification card for the lawful medical use of marijuana by submitting a completed Department-approved ­Patient Voluntary Registration Application form with required documentation. There is no fee for a qualifying patient who voluntarily registers with the Department. A criminal history record check in not required prior to issuing a patient a registry identification card. The Department shall issue a registry identification card to a patient who submits a completed application in accordance with 22 M.R.S. §2425(1) and the application shall include, at a minimum, the following information:
1. Name, address and date of birth of the patient.
2. A copy of the written certification issued by the qualifying patient's physician for the medical use of marijuana.
3. A copy of the patient's Maine driver license or other state-issued photographic identification.
4. The patient who elects to cultivate some or all of the maximum allowed amount of marijuana for his or her own medical use must indicate that choice on the application and report the location of the patient's cultivation area. The application must include the requested information regarding the primary caregiver or dispensary if one is designated to assist the patient.
5. Other information required by the Department.
C.Primary caregiver application for a registry identification card. A primary caregiver who is required to register must submit a completed Department-approved Primary Caregiver Application. A primary caregiver who is not required to register may voluntarily register. The application must include the required documentation and the registration fee, for each registry identification card, as applicable, up to a maximum of five registry identification cards. The application shall also include, but is not limited to the following information:
1. Name, address and date of birth of the primary caregiver;
2. A copy of the primary caregiver's Maine driver's license, or other Maine-issued photographic identification in compliance with this rule and the statute;
3. Name of the property owner and location of the primary caregiver's cultivation location;
4. Personal identification number for purpose of filing taxes; and
5. Other information required by the Department.
D.Employee of a registered primary caregiver registry identification card. An employee of a registered primary caregiver must have a registry identification card. A completed Department-approved employee application form must be submitted with the required documentation and the registration fee for a registry identification card. The application shall include, at a minimum, the following information:
1. Name, address and date of birth of the applicant;
2. A copy of the applicant's Maine driver's license, or other Maine-issued photographic identification; and
3. Name of the applicant's employer and location of that employer's cultivation area; and
4. Other information required by the Department.
E.No work prior to issuance of card. Prior to receipt of a registry identification card, a primary caregiver who is required to register and the employee of a registered primary caregiver may not accept a designation form from a qualified patient, assist a qualified patient or possess or cultivate a patient's marijuana for medical use.
1.Expedited determination: hospice or nursing facility. After verifying the information, the Department will approve or deny an application for or renewal of a registry identification card submitted by a hospice provider or nursing facility within five business days of the date the Department received the completed application for or renewal of a registry identification card with all required documents.
F.Notice to Department when employment or affiliation ceased. A primary caregiver must notify the Department within ten days of the date that the primary caregiver's employee ceases to work for the primary caregiver.
1.Card expires after notice to Department when employment or affiliation ceased. The registry identification card of the registered primary caregiver's employee expires when person ceases to work for the primary caregiver.
G.Card surrendered to Department. A primary caregiver must surrender to the Department any primary caregiver registry identification card that is no longer eligible for valid use, including the registry identification card of a primary caregiver's employee.
H.Dispensary registry identification cards. The dispensary is required to obtain a registry identification card for each qualified principal officer, board member and employee of the registered dispensary. The registered dispensary must comply with provisions set forth in this rule and the statute.
1.Application form. The dispensary shall submit a completed Department-approved Employee/Board Member/Principal Officer Application for each registry identification card with the required documentation and the registry identification card fee. The application shall also include but is not limited to, the following information:
a. Name, address and date of birth of the qualified principal officer, board member, or employee;
b. A copy of the qualified principal officers', board members', or employees' current Maine driver's license or other Maine-issued photo­graphic identification; and
c. Other information required by the Department.
2.New principal officers, board members and employees: application required. Each time the dispensary has a new principal officer, board member or employee, it must submit an application form for a dispensary registry identification card for that new principal officer, board member or employee in compliance with this rule and the statute.
3.No work or affiliation prior to issuance of card. No principal officer, board member or employee may begin to work at or affiliate with the registered dispensary before he or she is issued a dispensary registry identification card.
4.Notice to Department when employment or affiliation ceased. The registered dispensary must notify the Department within ten days of the date that a principal officer, board member or employee ceases to work at or be affiliated with the registered dispensary.
5.Card surrendered. The registered dispensary must surrender to the Department any registry identification card that is no longer valid.
a.Dispensary action after repeat positive test result. The registered dispensary must require a principal officer, board member or employee to turn over his or her registry identification card if that person has confirmed positive results from two lawfully administered substance abuse tests within 12 months.
I.Annual renewal of card required. A completed Primary Caregiver/Employee/Board Member/Principal Officer Application, or a Qualifying Patient Voluntary Registration Application with all required documentation and the renewal fee must be submitted to the Department at least 30 calendar days before the registry identification card expiration date. The Department shall approve or deny the application in accordance with this rule and the statute.
J.Notification of change in cardholder's status. The Department must be notified within ten days of a change in status or card information in accordance with the statute and this rule. A cardholder who fails to provide required notification may be subject to fines up to $150 per incident.
1. The patient's primary caregiver or dispensary must notify the Department of a change in status as a patient's designee in accordance with reporting requirements specified in this rule and the statute.
a. A registered primary caregiver must notify the Department within ten days of a change in patient designation, unless the caregiver has registered with a $1,200 annual fee and a new patient designates the primary caregiver within ten days of the rescinded patient designation.
K.Surrender old card or new card voided. The registry identification card with outdated information must be surrendered by returning it to the Department. It must be mailed or delivered to the Department within ten business days of the person's receipt of the new registry identification card. Failure to timely surrender the superseded card to the Department may result in the Department voiding the newly issued card.

18-691 C.M.R. ch. 2, § 9