Section 691-4-4 - Inherently Hazardous SubstancesExtraction of medical marijuana shall be permitted as stated below and in accordance with this rule. All other extraction methods and substances are forbidden.
4.1 - Extraction Methods Extraction of medical marijuana shall be permitted as stated below and in accordance with this rule. All other extraction methods and substances are forbidden. 4.1.1Generally safe extraction methods.The Department permits, without an inherently hazardous substance registration, the following generally safe extraction methods, so long as they are done by a person or entity authorized pursuant to this rule: A. Mechanical extraction using: (1) Potable water and ice made from potable water;(2) Dry screening or sieving;(3) Cryogenic or subzero manufacturing not involving a solvent; or(4) Pressure and temperature.B. Infusion of marijuana in food grade fats or synthetic food additives: (5) Other typical cooking fats.4.1.2 Potentially hazardous extraction methods.The Department will permit, without an inherently hazardous substance registration, potentially hazardous solvent extraction using a 99 percent or greater purity of the following solvents, using appropriate storage, preparation, electrical, gas monitoring, fire suppression and exhaust systems methods and with an end result that does not exceed allowable limits specified by the Department:
(1) Ethanol, including solutions of ethanol and potable water.4.1.3Inherently hazardous extraction methods. The Department will permit a manufacturing facility with an inherently hazardous substance registration to perform inherently hazardous solvent extraction using a 99 percent or greater purity of the following solvents, so long as the solvents are listed in the inherently hazardous substance registration and the end result does not exceed allowable limits specified by the Department:F. Any other liquid chemical, compressed gas, commercial product with a flash point at or below 100 degrees Fahrenheit, or CO2, so as the solvent is approved by the Department in writing.4.1.4.Additional Precautions for Extraction using Potentially Hazardous or Inherently Hazardous Substances.A. All flammable gas must be odorized in compliance with state and federal regulations.B. Pressurized canned flammable fuel, including without limitation butane or propane in containers intended for camp stoves, handheld torch devices, refillable cigarette lighters and similar consumer products, are prohibited for use in extraction.C. A manufacturing facility performing potentially hazardous or inherently hazardous extraction shall be subject to inspection by the local fire department, building inspector and/or code enforcement officer to confirm that no health or safety concerns are present.D. Any person or entity registered to use inherently hazardous substances must comply with requirements of the registration including but not limited to utilizing closed loop systems , meeting minimum required security measures, and obtaining necessary documentation, in accordance with 22 MRS 24233 ).E. Any person or entity registered to use inherently hazardous substances may be required to demonstrate capability of recovering the solvents used to produce marijuana for medical use.4.2 - Extraction by PatientsA. An inherently hazardous substance registration issued to a qualifying patient does not permit the qualifying patient to have assistants or employees perform extraction.B. A qualifying patient registered to use inherently hazardous substances to extract marijuana solely for the qualifying patient's own medical use is not required to enroll in the electronic monitoring system deployed by the Department.18- 691 C.M.R. ch. 4, § 4