Section 2423-A - [Effective 8/9/2024] Authorized conduct for the medical use of cannabis1.Qualifying patient. Except as provided in section 2426, a qualifying patient may: A. Possess up to 8 pounds of harvested cannabis; [2017, c. 452, §4(AMD); 2021, c. 669, §5(REV).]B. Cultivate, or designate a caregiver operating under subsection 3, paragraph C to cultivate under paragraph F-1, subparagraph (1), up to a total of 6 mature cannabis plants, 12 immature cannabis plants and unlimited seedlings for that qualifying patient. The total number of mature cannabis plants per qualifying patient, whether cultivated by the patient or by a caregiver operating under subsection 3, paragraph C, may not exceed 6. The total number of immature cannabis plants per qualifying patient, whether cultivated by the patient or by a caregiver operating under subsection 3, paragraph C, may not exceed 12. Two or more qualifying patients who are members of the same household and cultivating their own cannabis plants may share not more than 2 cultivation areas; [2021, c. 662, §9(AMD); 2021, c. 669, §5(REV).]C. Possess cannabis paraphernalia; [2009, c. 631, §21(NEW); 2009, c. 631, §51(AFF); 2021, c. 669, §5(REV).]D. Furnish or offer to furnish to another qualifying patient for that patient's medical use of cannabis up to 2 1/2 ounces of harvested cannabis for no remuneration; [2017, c. 452, §4(AMD); 2021, c. 669, §5(REV).]E. [2017, c. 452, §4(RP).]F. [2017, c. 452, §4(RP).]F-1. Obtain or receive harvested cannabis for the patient's medical use without designating a caregiver or a dispensary, except that a qualifying patient or the parent, legal guardian or person having legal custody of a qualifying patient who has not attained 18 years of age or who is enrolled in a preschool or primary or secondary school must designate, as applicable: (1) A caregiver operating under subsection 3, paragraph C in order to have that caregiver cultivate cannabis plants for the patient;(2) A long-term care facility in order to have that facility assist with the qualifying patient's medical use of harvested cannabis. A long-term care facility that is designated by a patient may not be designated to cultivate cannabis plants for the patient;(3) A person in order to have that person obtain harvested cannabis on behalf of the qualifying patient or transport the harvested cannabis to the qualifying patient. The person must possess the person's government-issued photographic identification that contains the person's address, the qualifying patient's written certification and the qualifying patient's designation in order to engage in this conduct; and(4) A caregiver in order to have that caregiver possess and administer harvested cannabis for the patient's medical use pursuant to section 2426, subsection 1-A if the patient is enrolled in a preschool or primary or secondary school. A designation pursuant to this paragraph must be in a standardized written document, developed by the department, that is signed and dated by the qualifying patient or the parent, legal guardian or person having legal custody of the qualifying patient and expires on a date not to exceed the expiration date of the qualifying patient's written certification. The document must include the signed acknowledgment of the person or facility that the person or facility may be contacted to confirm the designation of the person or facility to engage in the conduct authorized by the designation. The document must also include, if applicable, the total number of mature cannabis plants and immature cannabis plants the caregiver is cultivating for the patient; [2017, c. 452, §4(NEW); 2021, c. 669, §5(REV).]
F-2. Choose a caregiver based solely on the patient's preference, except that a parent, legal guardian or person having legal custody of a qualifying patient who has not attained 18 years of age must serve as one caregiver for the patient; [2017, c. 452, §4(NEW).]G. Be in the presence or vicinity of the medical use of cannabis and assist any qualifying patient with using or administering harvested cannabis; [2019, c. 331, §5(AMD); 2021, c. 669, §5(REV).]H. Accept cannabis plants or harvested cannabis from a qualifying patient, caregiver or registered dispensary if no remuneration is provided to the patient, caregiver or dispensary; [2019, c. 331, §6(RPR); 2021, c. 669, §5(REV).]I. Provide samples to a cannabis testing facility for testing and research purposes; [2017, c. 447, §5(AMD); 2017, c. 452, §4(AMD); 2021, c. 669, §5(REV).]J. Manufacture cannabis products and cannabis concentrate for medical use, except that a qualifying patient may not manufacture food, as defined in section 2152, subsection 4, unless the qualifying patient is licensed pursuant to section 2167 and except that a qualifying patient may not produce cannabis concentrate using inherently hazardous substances unless authorized pursuant to section 2423-F, subsection 3; [2019, c. 331, §7(RPR); 2021, c. 669, §5(REV).]K. Provide harvested cannabis to a manufacturing facility and obtain cannabis products and cannabis concentrate from the manufacturing facility that are produced from the harvested cannabis the qualifying patient provided to the manufacturing facility; [2019, c. 331, §8(RPR); 2021, c. 669, §5(REV).]L. Transport cannabis plants or harvested cannabis for a qualifying patient's medical use of cannabis in accordance with this chapter; and [2017, c. 452, §4(NEW); 2021, c. 669, §5(REV).]M. Use harvested cannabis in any form, except as provided in subsection 4-A and except that qualifying patients who have not attained 18 years of age may not engage in smoking harvested cannabis. For the purposes of this paragraph, "smoking" has the same meaning as in section 1541, subsection 6, except that "smoking" does not include the use of a nebulizer. [2017, c. 452, §4(NEW); 2021, c. 669, §5(REV).] [2021, c. 662, §9(AMD); 2021, c. 669, §5(REV).]
2.Caregiver. Except as provided in section 2426, a caregiver, for the purpose of assisting a qualifying patient with the patient's medical use of cannabis, may engage in the following authorized conduct if the caregiver is 21 years of age or older and has not been convicted of a disqualifying drug offense: A. Possess all harvested cannabis produced by the caregiver's cultivation of cannabis plants under paragraph B;A-1. Transfer up to 2 1/2 ounces of harvested cannabis to a qualifying patient in one transaction, except that a caregiver may not dispense more than 2 1/2 ounces of harvested cannabis to a visiting qualifying patient during a 15-day period;B. Cultivate up to 30 mature cannabis plants, up to 60 immature cannabis plants and unlimited seedlings or cultivate up to 500 square feet of mature plant canopy, up to 1,000 square feet of immature plant canopy and unlimited seedlings. A caregiver may not cultivate immature plants by canopy if cultivating mature plants by plant count and may not cultivate immature plants by plant count if cultivating mature plants by canopy;C-1. Assist a qualifying patient with the patient's medical use of cannabis;E. Receive reasonable monetary compensation for costs associated with cultivating cannabis plants or assisting a qualifying patient with that patient's medical use of cannabis;F. Be in the presence or vicinity of the medical use of cannabis and assist any patient with the medical use, administration or preparation of cannabis;G. Manufacture cannabis products and cannabis concentrate for medical use, except that a caregiver may not manufacture food, as defined in section 2152, subsection 4, unless the caregiver is licensed pursuant to section 2167 and except that a caregiver may not produce cannabis concentrate using inherently hazardous substances unless authorized pursuant to section 2423-F, subsection 3;I. Hire any number of assistants who are 21 years of age or older to assist in performing the duties of the caregiver;I-1. Hire any number of assistants who are 18 years of age or older and under 21 years of age if they are also a member of the family of the caregiver to assist in performing the duties of the caregiver;J. Use a pesticide in the cultivation of cannabis plants if the pesticide is used consistent with federal labeling requirements, is registered with the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control pursuant to Title 7, section607 and is used consistent with best management practices for pest management approved by the Commissioner of Agriculture, Conservation and Forestry. A registered caregiver may not in the cultivation of cannabis plants use a pesticide unless the registered caregiver or the registered caregiver's assistant is certified in the application of the pesticide pursuant to section 1471-D and any assistant who has direct contact with treated plants has completed safety training pursuant to 40 Code of Federal Regulations, Section 170.130. An assistant of the registered caregiver who is not certified pursuant to section 1471-D and who is involved in the application of the pesticide or handling of the pesticide or equipment must first complete safety training described in 40 Code of Federal Regulations, Section 170.230;K. Transfer immature cannabis plants, seedlings, seeds and harvested cannabis to a qualifying patient, another caregiver or a registered dispensary for reasonable compensation or for no remuneration;K-1. Transfer to and accept from another registered caregiver or a dispensary cannabis plants and harvested cannabis in a wholesale transaction in accordance with this paragraph. A registered caregiver may transfer in wholesale transactions for reasonable compensation or for no remuneration an unlimited amount of the mature cannabis plants grown by the caregiver over the course of a calendar year, including any cannabis products or cannabis concentrate manufactured from mature cannabis plants grown by the caregiver. A registered caregiver may transfer to or accept from other registered caregivers and dispensaries in wholesale transactions an unlimited amount of immature cannabis plants and seedlings. A registered caregiver that acquires mature cannabis plants, cannabis products or cannabis concentrate in a wholesale transaction under this paragraph may not resell the mature cannabis plants, cannabis products or cannabis concentrate except to a qualifying patient or to another registered caregiver or dispensary to assist a qualifying patient;L. Provide samples to a cannabis testing facility for testing and research purposes;M. Conduct cannabis testing at the request of anyone authorized to possess cannabis under this chapter for research and development purposes only;N. Provide harvested cannabis to a manufacturing facility and obtain cannabis products and cannabis concentrate from the manufacturing facility that are produced from the harvested cannabis the caregiver provided to the manufacturing facility;O. Transport cannabis plants or harvested cannabis for authorized conduct in accordance with this chapter;P. Operate one caregiver retail store to sell harvested cannabis to qualifying patients for the patients' medical use in accordance with this chapter;Q. Be organized as any type of legal business entity recognized under the laws of the State, including, but not limited to, a limited liability company, partnership or limited liability partnership; andS. Notwithstanding chapter 262-A, sell, offer to sell or furnish cannabis paraphernalia to a qualifying patient, caregiver or registered dispensary for a qualifying patient's medical use of cannabis.3.Cultivation of cannabis. The following provisions apply to the cultivation of cannabis plants by a qualifying patient under subsection 1 and a caregiver under subsection 2. A. A patient who elects to cultivate cannabis plants must keep the plants in a cultivation area unless the plants are being transported pursuant to subsection 1, paragraph L. Access to a cultivation area is limited to the patient, except that emergency services personnel, an assistant of a cannabis testing facility or a person who needs to gain access to a cultivation area in order to perform repairs or maintenance or to do construction may access a cultivation area to provide those professional services while under the direct supervision of the patient. [2017, c. 452, §4(AMD); 2021, c. 669, §5(REV).]B. A caregiver cultivating cannabis plants for a patient's medical use must keep all plants in a cultivation area unless the plants are being transported pursuant to subsection 2, paragraph O. The cultivation area must be enclosed and equipped with locks or other security devices that permit access only by a person authorized to have access to the area under this chapter.(1) The caregiver shall ensure that the mature cannabis plants, immature cannabis plants and seedlings cultivated by the caregiver are kept in separate cultivation areas. The cultivation area for mature cannabis plants and the cultivation area for immature cannabis plants and seedlings may be located on separate parcels or tracts of land, whether the parcels or tracts of land are contiguous or noncontiguous, as long as the caregiver discloses the locations of all cultivation areas to the department. The caregiver may not maintain more than 2 cultivation areas. The caregiver shall ensure that the cultivation area for mature cannabis plants and the cultivation area for immature cannabis plants comply with the plant count or plant canopy limitations of subsection 2, paragraph B.(2) Access to cultivation areas is limited to the caregiver, except that an elected official invited by the caregiver for the purpose of providing education to the elected official on cultivation by the caregiver, emergency services personnel, an assistant of a caregiver or a cannabis testing facility or a person who needs to gain access to a cultivation area in order to perform repairs or maintenance or to do construction may access a cultivation area to provide those professional services while under the direct supervision of the caregiver.B-1. Except as provided in paragraph C, a caregiver is required to register with the department. [2017, c. 452, §4(NEW).]C. The following caregivers are not required to register with the department: (1) A caregiver designated to cultivate for a qualifying patient if that qualifying patient is a member of the household of that caregiver;(2) Two caregivers who are qualifying patients, if those caregivers are members of the same household and assist one another with cultivation; and(3) A caregiver who cultivates for a qualifying patient if that qualifying patient is a member of the family of that caregiver. [2017, c. 452, §4(AMD).]C-1. A caregiver operating under paragraph C may engage in the conduct authorized in subsection 2, except that a caregiver operating under paragraph C may not:(1) Cultivate cannabis plants for more than 2 members of the family or members of the same household;(2) Cultivate more than 6 mature cannabis plants and 12 immature cannabis plants for each qualifying patient who has designated the caregiver to cultivate cannabis plants on the patient's behalf;(3) Possess more than 8 pounds of harvested cannabis;(4) Sell cannabis plants or harvested cannabis at wholesale under subsection 2, paragraph K-1;(5) Use a pesticide under subsection 2, paragraph J;(6) Operate a caregiver retail store under subsection 2, paragraph P; or(7) Organize as a business entity under subsection 2, paragraph Q. [2019, c. 217, §3(AMD); 2021, c. 669, §5(REV).]D. Two caregivers who are members of the same family or household may share not more than 2 cultivation areas. [2021, c. 662, §16(AMD).]E. A person who is authorized to cultivate cannabis plants under subsection 1 or 2 and who is an assistant of a caregiver pursuant to subsection 2, paragraph I may not cultivate that person's own cannabis plants in a cultivation area of the caregiver who employs that person. [2021, c. 662, §17(AMD); 2021, c. 669, §5(REV).] [2021, c. 662, §§15-17(AMD); 2021, c. 669, §5(REV).]
4.Long-term care facility. A qualifying patient may designate a long-term care facility to assist with the qualifying patient's medical use of cannabis if that use is consistent with the facility's policy and is pursuant to subsection 1, paragraph F-1, subparagraph (2). If a long-term care facility is designated, the facility shall complete the registration process with the department and obtain a registration certificate for the facility. For a long-term care facility to be issued a registration certificate, staff persons of the facility who will be assisting a qualifying patient with the patient's medical use of cannabis in accordance with this chapter must be at least 21 years of age and may not have been convicted of a disqualifying drug offense. The long-term care facility and the staff of the facility may not cultivate cannabis plants for the patient. [2019, c. 501, §12(AMD); 2021, c. 669, §5(REV).]
4-A.Use and storage in inpatient long-term care facility permitted. A qualifying patient who is a resident of a long-term care facility while in the facility may use forms of harvested cannabis consistent with the facility's policy. A qualifying patient who uses a form of harvested cannabis pursuant to this subsection may store the harvested cannabis in the qualifying patient's room and is not required to obtain a registry identification card or to designate the long-term care facility under subsection 1, paragraph F-1, subparagraph (2). A long-term care facility is not required to be designated by a qualifying patient who uses harvested cannabis pursuant to this subsection. This subsection does not limit the ability of a long-term care facility to prohibit or restrict the use or storage of harvested cannabis by a qualifying patient. [2017, c. 452, §4(AMD); 2021, c. 669, §5(REV).]
5.Incidental amount of marijuana.[2017, c. 452, §4(RP).]
6.Onsite assessments by the department.[2011, c. 407, Pt. B, §16(RP).]
7.Excess marijuana; forfeiture.[2017, c. 452, §4(RP).]
8.Repeat forfeiture.[2017, c. 452, §4(RP).]
9.Collectives prohibited.[2017, c. 452, §4(RP).]
10.Cannabis testing facility. The following provisions apply to a cannabis testing facility. A. A cannabis testing facility that meets the requirements of this subsection and any rules adopted under paragraph D may receive and possess samples from qualifying patients, caregivers, dispensaries and manufacturing facilities to provide testing for the cannabinoid profile and potency of the samples and for contaminants in the samples, including but not limited to mold, mildew, heavy metals, plant regulators and illegal pesticides. For the purposes of this paragraph, "plant regulator" has the same meaning as in Title 7, section 604, subsection 26. [2019, c. 331, §13(RPR); 2021, c. 669, §5(REV).]B. An assistant of a cannabis testing facility may have access to cultivation areas pursuant to subsection 3, paragraphs A and B and section 2428, subsection 6, paragraph I. An assistant of a cannabis testing facility must be 21 years of age or older. [2021, c. 367, §7(AMD); 2021, c. 669, §5(REV).]C. A cannabis testing facility shall: (1) Dispose of samples in a manner that prevents diversion of samples to persons not authorized to possess the samples tested by the facility;(2) House and store samples in the facility's possession or control during the process of testing, transport or analysis in a manner to prevent diversion, theft or loss;(3) Label samples being transported to and from the facility with the following statement: "For Testing Purposes Only";(4) Maintain testing results as part of the facility's business books and records; and(5) Operate in accordance with any rules adopted by the department. [2019, c. 331, §13(RPR); 2021, c. 669, §5(REV).]D. The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A, except that, beginning July 1, 2021, rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A, governing cannabis testing facilities, including but not limited to: (1) Cannabis testing facility officer or director qualification requirements;(2) Required security for cannabis testing facilities; and(3) Requirements for the registration, certification or other approval of cannabis testing facilities. The failure of the department to adopt rules under this paragraph does not prevent a cannabis testing facility from engaging in activities in compliance with this chapter.
D-1. Upon the adoption of rules pursuant to paragraph D and this paragraph, a cannabis testing facility must be certified by the certification program established pursuant to section 569 as meeting all operational and technical requirements in accordance with rules adopted by the department after consultation with the Maine Center for Disease Control and Prevention. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A, except that, beginning July 1, 2021, rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. A cannabis testing facility operating in compliance with this chapter on the date of the adoption of rules pursuant to this paragraph and paragraph D may continue to operate pending completion of certification under this paragraph. The failure of the department to adopt rules under this paragraph does not prevent a cannabis testing facility from engaging in activities in compliance with this chapter. [2021, c. 387, §3(AMD); 2021, c. 669, §5(REV).]E. A cannabis testing facility shall obtain and must be able to produce, upon demand of the office or a municipal code enforcement officer, documentation of the facility's accreditation pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party accrediting body.F. The department and the Maine Center for Disease Control and Prevention may inspect a cannabis testing facility during regular business hours and hours of apparent activity for compliance with this chapter. [2019, c. 354, §6(NEW); 2021, c. 669, §5(REV).] [2023, c. 365, §2(AMD); 2023, c. 405, Pt. A, §57(AMD).]
11.Immunity.[2019, c. 331, §14(RP).]
12.Interest. A caregiver or an officer or director of a registered dispensary, registered caregiver or manufacturing facility may not have a financial or other interest in a cannabis testing facility providing services associated with product labeling for that dispensary, caregiver or manufacturing facility. [2019, c. 331, §15(RPR); 2021, c. 669, §5(REV).]
13. Moratorium ordinance.[2017, c. 447, §13(RP); 2017, c. 452, §4(RP); MRSA T. 22 § 2423-A, sub-§ 13 (RP).]
14.Municipal regulation.[2019, c. 331, §16(RP).]
Amended by 2024, c. 679,§ A-7, eff. 8/9/2024.Amended by 2024, c. 679,§ A-6, eff. 8/9/2024.Amended by 2024, c. 679,§ A-5, eff. 8/9/2024.Amended by 2024, c. 646,§ A-25, eff. 4/22/2024.Amended by 2023SP1, c. 405,§ A-57, eff. 7/10/2023.Amended by 2023SP1, c. 365,§ 2, eff. 10/25/2023.Amended by 2023, c. 6,§ 4, eff. 3/15/2023.Amended by 2023, c. 6,§ 3, eff. 3/15/2023.Amended by 2023, c. 6,§ 2, eff. 3/15/2023.Amended by 2022, c. 662,§ 17, eff. 4/26/2022.Amended by 2022, c. 662,§ 16, eff. 4/26/2022.Amended by 2022, c. 662,§ 15, eff. 4/26/2022.Amended by 2022, c. 662,§ 14, eff. 4/26/2022.Amended by 2022, c. 662,§ 13, eff. 4/26/2022.Amended by 2022, c. 662,§ 12, eff. 4/26/2022.Amended by 2022, c. 662,§ 11, eff. 4/26/2022.Amended by 2022, c. 662,§ 10, eff. 4/26/2022.Amended by 2022, c. 662,§ 9, eff. 4/26/2022.Amended by 2021SP1, c. 367,§ 7, eff. 10/18/2021.Amended by 2021SP1, c. 367,§ 6, eff. 10/18/2021.Amended by 2021SP1, c. 367,§ 5, eff. 10/18/2021.Amended by 2021SP1, c. 367,§ 4, eff. 10/18/2021.Amended by 2021SP1, c. 367,§ 3, eff. 10/18/2021.Amended by 2021SP1, c. 367,§ 2, eff. 10/18/2021.Amended by 2021SP1, c. 367,§ 1, eff. 10/18/2021.Amended by 2021SP1, c. 387,§ 3, eff. 7/1/2021.Amended by 2021SP1, c. 387,§ 2, eff. 7/1/2021.Amended by 2019, c. 501,§ 12, eff. 6/28/2019.Amended by 2019, c. 354,§ 6, eff. 6/18/2019.Amended by 2019, c. 354,§ 5, eff. 6/18/2019.Amended by 2019, c. 354,§ 4, eff. 6/18/2019.Amended by 2019, c. 354,§ 3, eff. 6/18/2019.Amended by 2019, c. 354,§ 2, eff. 6/18/2019.Amended by 2019, c. 331,§ 16, eff. 9/19/2019.Amended by 2019, c. 331,§ 15, eff. 9/19/2019.Amended by 2019, c. 331,§ 14, eff. 9/19/2019.Amended by 2019, c. 331,§ 13, eff. 9/19/2019.Amended by 2019, c. 331,§ 12, eff. 9/19/2019.Amended by 2019, c. 331,§ 11, eff. 9/19/2019.Amended by 2019, c. 331,§ 10, eff. 9/19/2019.Amended by 2019, c. 331,§ 9, eff. 9/19/2019.Amended by 2019, c. 331,§ 8, eff. 9/19/2019.Amended by 2019, c. 331,§ 7, eff. 9/19/2019.Amended by 2019, c. 331,§ 6, eff. 9/19/2019.Amended by 2019, c. 331,§ 5, eff. 9/19/2019.Amended by 2019, c. 256,§ 2, eff. 9/19/2019.Amended by 2019, c. 217,§ 3, eff. 9/19/2019.Amended by 2019, c. 217,§ 2, eff. 9/19/2019.Amended by 2018SP2, c. 452,§ 4, eff. 12/13/2018.Amended by 2018SP2, c. 447,§ 14, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 13, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 12, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 11, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 10, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 9, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 8, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 7, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 6, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 5, eff. 7/9/2018.Amended by 2018SP2, c. 447,§ 4, eff. 7/9/2018.Amended by 2017, c. 271,§ 1, eff. 6/23/2017.Amended by 2016, c. 475,§ 6 to § 14, eff. 7/29/2016.Amended by 2014, c. 588,§ D-3, eff. 4/30/2014.Amended by 2014, c. 588,§ A-25 and § A-26, eff. 4/30/2014.Amended by 2014, c. 520,§ 1, eff. 7/31/2014.Amended by 2014, c. 516,§ 6 and § 7, eff. 7/31/2014.Amended by 2014, c. 501,§ 1, eff. 4/2/2014.Amended by 2014, c. 498,§ 1, eff. 4/2/2014.Amended by 2013, c. 396,§ 2 to § 8, eff. 7/2/2013.Amended by 2013, c. 393,§ 1 to § 3, eff. 10/9/2013.Amended by 2013, c. 374,§ 1, eff. 10/9/2013.Amended by 2013, c. 371,§ 1 to § 3, eff. 6/27/2013.Amended by 2011, c. 407,§ B-16, eff. 9/28/2011.Amended by 2011, c. 383,§ 1, eff. 9/28/2011.2009, c. 631, § 21 (NEW) . 2009, c. 631, § 51 (AFF) .This section is set out more than once due to postponed, multiple, or conflicting amendments.