Section 2425-A - [Effective 8/9/2024] Registry identification cards and registration certificatesThis section governs registry identification cards and registration certificates, except that registration of manufacturing facilities and persons authorized to engage in cannabis extraction is governed by section 2423-F and registration of cannabis testing facilities is governed by section 2423-A, subsection 10. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).]
2.Required registration. A caregiver, other than a caregiver operating under section 2423-A, subsection 3, paragraph C, and an officer or director or assistant of a dispensary or a caregiver, other than a caregiver operating under section 2423-A, subsection 3, paragraph C, shall obtain a registry identification card in accordance with subsections 3, 4 and 5. A long-term care facility designated by a qualifying patient pursuant to section 2423-A, subsection 1, paragraph F-1, subparagraph (2) and a dispensary shall obtain a registration certificate in accordance with subsections 6, 7 and 8. [2017, c. 452, §12(NEW).]
3.Application for registry identification card; qualifications. The department shall register and issue a registry identification card to an applicant who submits a complete application that meets the requirements of this subsection. The department shall conduct a criminal history record check for any applicant for a registry identification card, except that an assistant is not required to submit to a criminal history record check. The criminal history record check is valid for 2 years from the date it was conducted, regardless of the person's employment status. Except as provided in subsection 3-A, the department may not issue a registry identification card to an applicant who is not permitted under this chapter to have a disqualifying drug offense.
An application must include, as applicable:
A. The fee required pursuant to subsection 10; andB. A statement that the requirements of section 2423-B have been met if the qualifying patient applying for the registry identification card has not attained 18 years of age and the qualifying patient's parent, guardian or person having legal custody of the patient consents in writing to: (1) The qualifying patient's medical use of cannabis;(2) Serving as one of the qualifying patient's caregivers; and(3) Controlling the acquisition of the cannabis plants or harvested cannabis and the dosage and the frequency of the medical use of cannabis by the qualifying patient. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).] [2021, c. 367, §11(AMD); 2021, c. 669, §5(REV).]
3-A.Criminal history record check for caregivers administering medical cannabis on school grounds. The department shall request a criminal history record check for a caregiver designated under section 2423-A, subsection 1, paragraph F-1, subparagraph (4), except for a caregiver who is a parent, a legal guardian or a person having legal custody of the qualifying patient. The department may not issue a registry identification card to an applicant who is not permitted to have a disqualifying drug offense or who would be denied an approval, credential, certification, authorization or renewal under Title 20-A, section 6103 or 13011 based on that criminal history record check. The criminal history record check requested under this subsection must include criminal history record information obtained from the Maine Criminal Justice Information System established in Title 16, section 631 and the Federal Bureau of Investigation. The following provisions apply.
A. The criminal history record information obtained from the Maine Criminal Justice Information System must include a record of public criminal history record information as defined in Title 16, section 703, subsection 8. [2017, c. 452, §12(NEW).]B. The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information. [2017, c. 452, §12(NEW).]C. A person subject to a criminal history record check under this section shall submit to having fingerprints taken. The State Police, upon payment of the fee, shall take or cause to be taken the person's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the State Police for purposes of this paragraph must be paid over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety. [2017, c. 452, §12(NEW).]D. The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to Title 16, section 709. [2017, c. 452, §12(NEW).]E. State and federal criminal history record information may be used by the department for the purpose of screening a person in accordance with this chapter. [2019, c. 331, §19(AMD).]F. Information obtained pursuant to this subsection is confidential. The results of criminal history record checks received by the department are for official use only and may not be disseminated to any other person. [2019, c. 331, §19(AMD).]G. If a person is no longer subject to this chapter that person may request in writing that the State Bureau of Identification remove the person's fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the person's fingerprints from the fingerprint file and provide written confirmation of that removal. [2017, c. 452, §12(NEW).] The department, with the Department of Public Safety, Bureau of State Police, State Bureau of Identification, shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection 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 subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
[2021, c. 387, §8(AMD); 2021, c. 669, §5(REV).]
4. Issuance or denial of registry identification cards. The department shall verify the information contained in an application for a registry identification card or for renewal of a card submitted pursuant to subsection 3 and shall approve or deny a complete application in accordance with this subsection within 30 days of receipt.A. Within 5 business days of approving a complete application, the department shall issue a registry identification card to the applicant. [2021, c. 662, §22(AMD).]B. The department may deny an application for a card or for renewal of a card only if: (1) The applicant did not provide the information required pursuant to subsection 3;(2) The department determines that the applicant does not qualify; or(3) The department determines that the information provided by the applicant was falsified. [2017, c. 452, §12(NEW).]C. The department shall notify the applicant and, if the applicant is an officer or director or assistant of a registered dispensary, the registered dispensary, in writing of the reason for denying the registry identification card. [2017, c. 452, §12(NEW).] An applicant whose application is denied pursuant to this subsection may request an administrative hearing in accordance with Title 5, chapter 375, subchapter 4.
In the case of a caregiver's application for renewal of a registry identification card, upon receipt of a timely filed, complete application submitted by the caregiver, the department shall provide the caregiver with a written statement acknowledging receipt of the application that authorizes the caregiver to continue operating under the caregiver's current card until the application is approved and a renewed card is issued by the department, the application is denied and the current card expires, 90 days elapse from the date of the written statement or the current card is suspended or revoked in accordance with this chapter, whichever occurs first. If the department fails to issue or deny a renewal of a registry identification card within 90 days of providing the written statement acknowledging receipt of the application, the renewal is deemed granted and a copy of the application for renewal of the registry identification card is deemed a valid registry identification card.
If the department fails to issue or deny a valid registry identification card in response to a complete application for a card submitted pursuant to subsection 3 within 45 days of its submission, the registry identification card is deemed granted and a copy of the application for a registry identification card is deemed a valid registry identification card.
[2021, c. 662, §22(AMD).]
5.Requirements for issuance of registry identification cards. The following provisions apply to the issuance of registry identification cards. A. A registry identification card expires 2 years after the date of issuance, regardless of the person's employment status, except that a caregiver's registry identification card expires one year after the date of issuance. The card must contain: (1) The name of the cardholder;(2) The date of issuance and expiration date;(3) A randomly generated unique identification number to the cardholder;(4) A clear designation showing whether the cardholder is allowed under this chapter to cultivate cannabis plants; and(5) A photograph of the cardholder, if required by the department.B. If a caregiver is organized as a legal business entity pursuant to section 2423-A, subsection 2, paragraph Q, the caregiver may obtain a registry identification card in the name of the business entity if the caregiver submits evidence of the business entity's registration with the Secretary of State and evidence that the business entity is in good standing with the Secretary of State. [2017, c. 452, §12(NEW).]C. Registry identification cards issued to an officer or director of a registered dispensary must also contain: (1) The legal name of the registered dispensary with which the officer or director is affiliated;(2) The address and date of birth of the officer or director; and(3) A photograph of the officer or director if required by the department. [2021, c. 662, §23(AMD).]C-1. Registry identification cards issued to an assistant of a registered caregiver or registered dispensary must also contain: (1) The address and date of birth of the assistant; and(2) A photograph of the assistant if required by the department. [2021, c. 662, §24(NEW).]D. The registry identification card of an officer or director of a registered dispensary expires 10 days after notification is given to the department by the registered dispensary that the person has ceased to work at the dispensary. [2021, c. 662, §25(AMD).] [2023, c. 365, §§4-6(AMD).]
5-A.Issuance of single registry identification card to caregiver or dispensary assistant. The department shall issue a single registry identification card pursuant to this section authorizing a person to be an assistant of one or more registered caregivers or registered dispensaries and who satisfies all applicable requirements under this section for issuance of a registry identification card. A single registry identification card issued to a person in accordance with this subsection authorizes the person to assist one or more registered caregivers or registered dispensaries in accordance with this chapter and may not associate the person with or restrict the person to assisting a specific caregiver or dispensary. [2021, c. 662, §26(NEW).]
6.Application for registration certificate; qualifications. The department shall register and issue a registration certificate to an applicant who submits a complete application that meets the requirements of this subsection. An application must include, as applicable:A. The annual fee required pursuant to subsection 10; [2017, c. 452, §12(NEW).]B. Evidence of the applicant's registration with the Secretary of State and evidence that the applicant is in good standing with the Secretary of State; and [2017, c. 452, §12(NEW).]C. The name, address and date of birth of each officer or director of the applicant. [2017, c. 452, §12(NEW).] [2017, c. 452, §12(NEW).]
7.Issuance or denial of registration certificate. The department shall verify the information contained in an application for a registration certificate or for renewal of a certificate submitted pursuant to subsection 6 and shall approve or deny a complete application in accordance with this subsection within 30 days of receipt. A. Within 10 days of approving a complete application, the department shall issue a registration certificate to the applicant. [2021, c. 662, §27(AMD).]B. The department may deny an application for a certificate or for renewal of a certificate only if: (1) The applicant did not provide the information required pursuant to subsection 6;(2) The department determines that the applicant does not qualify; or(3) The department determines that the information provided by the applicant was falsified. [2017, c. 452, §12(NEW).]C. The department shall notify the applicant in writing of the reason for denying the registration certificate. [2017, c. 452, §12(NEW).] An applicant whose application is denied pursuant to this subsection may request an administrative hearing in accordance with Title 5, chapter 375, subchapter 4.
In the case of a registered dispensary's application for renewal of a registration certificate, upon receipt of a timely filed, complete application submitted by the dispensary, the department shall provide the dispensary with a written statement acknowledging receipt of the application that authorizes the dispensary to continue operating under the dispensary's current certificate until the application is approved and a renewed certificate is issued by the department, the application is denied and the current certificate expires, 90 days elapse from the date of the written statement or the current certificate is suspended or revoked in accordance with this chapter, whichever occurs first. If the department fails to issue or deny a renewal of a registration certificate within 90 days of providing the written statement acknowledging receipt of the application, the renewal is deemed granted and a copy of the application for renewal of the registration certificate is deemed a valid registration certificate.
If the department fails to issue or deny a registration certificate in response to a complete application for a certificate submitted pursuant to subsection 6 within 45 days of its submission, the registration certificate is deemed granted and a copy of the application for a registration certificate is deemed a valid registration certificate.
[2021, c. 662, §27(AMD).]
8.Requirements for issuance of registration certificates. A registration certificate expires one year after the date of issuance. The certificate must contain: A. The name of the certificate holder; [2017, c. 452, §12(NEW).]B. The date of issuance and expiration date of the registration certificate; [2017, c. 452, §12(NEW).]C. A random identification number that is unique to the certificate holder; [2017, c. 452, §12(NEW).]D. The physical address of the certificate holder and, if the certificate holder is a dispensary, the physical address of one additional location, if any, where cannabis plants will be cultivated; and [2019, c. 331, §20(AMD); 2021, c. 669, §5(REV).]E. A clear designation showing whether the certificate holder is allowed under this chapter to cultivate cannabis plants. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).] [2019, c. 331, §20(AMD); 2021, c. 669, §5(REV).]
9. Drug testing. The department may not require an assistant of a caregiver, dispensary, manufacturing facility or cannabis testing facility who is an applicant for a registry identification card to submit to a drug test as a condition of receiving a registry identification card. This subsection does not prevent a caregiver, dispensary, manufacturing facility or cannabis testing facility from requiring drug testing of its assistants as a condition of employment. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).]
10. Fees. The department shall adopt rules to establish fees in accordance with this subsection. The application and renewal fees must generate revenues sufficient to offset all expenses of implementing and administering this chapter. The department may accept donations from private sources to offset the expenses of implementing and administering this chapter and shall, if those donations are received, reduce application and renewal fees accordingly. The fees and donations must be credited to the Medical Use of Cannabis Fund pursuant to section 2430. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. A. There is no annual registration fee for a qualifying patient or visiting qualifying patient or a caregiver who is not required to register pursuant to section 2423-A, subsection 3, paragraph C. There is no annual registration fee for a caregiver who does not cultivate cannabis plants for a qualifying patient. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).]B. There is an annual registration fee for a caregiver who cultivates cannabis plants on behalf of a qualifying patient pursuant to section 2423-A, subsection 2, paragraph B. (1) For a caregiver registering based upon plant count, the fee may not be less than $50 or more than $240 for each group of up to 6 mature cannabis plants cultivated by the caregiver. The caregiver shall notify the department of the number of cannabis plants the caregiver cultivates.(2) For a caregiver registering based upon plant canopy, the fee may not be less than $50 or more than $1,500 for a total mature plant canopy of 500 square feet or less. [2021, c. 662, §28(AMD); 2021, c. 669, §5(REV).]C. There is an annual registration fee for a dispensary, which may not be less than $5,000 or more than $12,000. There is a fee to change the location of a registered dispensary or the location at which a registered dispensary cultivates cannabis plants, which may not be less than $3,000 or more than $4,000. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).]D. There is an annual registration fee for a tier 1 manufacturing facility, which may not be less than $50 or more than $150. [2017, c. 452, §12(NEW).]E. There is an annual registration fee for a tier 2 manufacturing facility, which may not be less than $150 or more than $250. [2017, c. 452, §12(NEW).]F. There is an annual registration fee to engage in cannabis extraction under section 2423-F, subsection 3, which may not be less than $250 or more than $350. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).]G. There is an annual registration fee for a cannabis testing facility, which may not be less than $250 or more than $1,000, except that there is no fee if the testing facility is licensed in accordance with Title 28-B, chapter 1. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).]H. There is an annual registration fee for an officer or director or assistant of a registered caregiver or registered dispensary, which may not be less than $20 or more than $50. [2017, c. 452, §12(NEW).]I. There is a fee to replace a registry identification card that has been lost, stolen or destroyed or a card that contains information that is no longer accurate, which may not be less than $10 or more than $20. Replacement of a registry identification card does not extend the expiration date. [2017, c. 452, §12(NEW).]J. There is a fee for a criminal history record check for a caregiver or an officer or director of a registered dispensary, cannabis testing facility or manufacturing facility, which may not be less than $31 or more than $60. The fee must be paid by the caregiver or by the registered dispensary, cannabis testing facility or manufacturing facility for an officer or director of the registered dispensary, cannabis testing facility or manufacturing facility.11.Notification of change in status or loss of registry identification card or registration certificate. This subsection governs notification of a change in status or the loss of a registry identification card or registration certificate. A. If a cardholder loses the cardholder's registry identification card, the cardholder shall notify the department within 10 days of losing the card and submit the fee required by subsection 10, paragraph I. Within 5 days after such notification, the department shall issue a replacement registry identification card. [2017, c. 452, §12(NEW).]B. If the information appearing on the cardholder's registry identification card is inaccurate or changes, the cardholder shall notify the department of the inaccuracy or change and submit the fee required by subsection 10, paragraph I. Within 5 days after such notification, the department shall issue a replacement registry identification card. A cardholder who fails to notify the department as required under this paragraph commits a civil violation for which a fine of not more than $150 may be adjudged. [2017, c. 452, §12(NEW).]C. A registered dispensary shall notify the department in writing of the name, address and date of birth of an officer or director or assistant who ceases to work at the dispensary or cannabis testing facility and of any new officer or director or assistant before the officer or director or assistant begins working at the dispensary or cannabis testing facility. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).]D. A registered dispensary shall notify the department in writing if the dispensary changes the physical location of the dispensary or the location at which the dispensary cultivates cannabis plants. [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).] [2017, c. 452, §12(NEW); 2021, c. 669, §5(REV).]
11-A.Temporary appointee. Notwithstanding any provision of this chapter to the contrary, in cases of death, disability, bankruptcy, judicial dissolution or other exceptional circumstances, unless a court appoints a temporary appointee, the office may approve a temporary appointee to take possession of, operate, manage, control or wind down a registrant's operations. Under such circumstances: A. A temporary appointee must be otherwise qualified under the provisions of this chapter to be a registered caregiver or an officer or director;B. A temporary appointee may not transfer cannabis or cannabis products for medical use without a valid registry identification card; andC. The registrant shall submit a plan of temporary appointment, on forms made available by the office, as soon as practicable but no later than 60 days after a qualifying event. For purposes of this subsection, "temporary appointee" means a court-appointed receiver, personal representative, executor, administrator, guardian, conservator, trustee or similarly situated person or person approved by the office pursuant to this section.
12.Confidentiality. [Repealed] 13.Reporting requirements.[2023, c. 365, §9(RP).]
14.Confidentiality. This subsection governs confidentiality.A. For purposes of this subsection, "personal contact information" has the same meaning as in Title 1, section402, subsection 3, paragraph O, subparagraph (1) and "caregiver exempt from registration" means a caregiver who is not required to register pursuant to section 2423-A, subsection 3, paragraph C.B. Information that identifies a qualifying patient, a visiting qualifying patient or a registered patient under this chapter is confidential and may not be disclosed by the department, except: (1) With the written consent of the patient; or(2) Pursuant to a court order or a subpoena.C. Information that identifies a caregiver exempt from registration is confidential and may not be disclosed by the department, except:(1) With the written consent of the caregiver; or(2) Pursuant to a court order or a subpoena or as provided in paragraph F.D. Except as provided in this paragraph and in paragraphs B and C, applications, supporting information and other information regarding a registered caregiver, including any address where the registered caregiver cultivates, manufactures, tests, packages, stores or sells cannabis plants or harvested cannabis under this chapter, are not confidential. The personal contact information of a registered caregiver or of an applicant for registration as a registered caregiver is confidential and may not be disclosed by the department, except: (1) With the written consent of the registered caregiver or applicant for registration as a registered caregiver;(2) Pursuant to a court order or a subpoena;(3) As provided in paragraph F; or(4) If a registered caregiver resides at the same address where the registered caregiver cultivates, manufactures, tests, packages, stores or sells cannabis plants or harvested cannabis under this chapter, the department may disclose that address to a state, county or municipal employee responsible for the administration of this chapter or of rules, ordinances or warrant articles authorized under this chapter, including, but not limited to, law enforcement officers and code enforcement officers. Any information received by a state, county or municipal employee under this subparagraph is confidential and may not be further disclosed or disseminated, except as otherwise provided by law.E. Except as provided in this paragraph and in paragraphs B and C, applications, supporting information and other information regarding a dispensary, manufacturing facility, cannabis testing facility and an assistant, officer or director of a registered caregiver, dispensary, manufacturing facility or cannabis testing facility under this chapter are not confidential. The personal contact information of a cardholder who is an assistant, officer or director of a registered caregiver, dispensary, manufacturing facility or cannabis testing facility and an applicant for a registry identification card as an assistant, officer or director of a registered caregiver, dispensary, manufacturing facility or cannabis testing facility or registration certificate for a dispensary, manufacturing facility or cannabis testing facility is confidential and may not be disclosed by the department, except: (1) With the written consent of the cardholder or applicant; or(2) Pursuant to a court order or a subpoena.F. Notwithstanding any provision of this subsection to the contrary, the department may, when necessary to protect the public from a threat to public health or safety, notify the public of the following: (1) The identity of a caregiver exempt from registration, a registered caregiver, a dispensary, a manufacturing facility or a cannabis testing facility associated with the threat to public health or safety and that person's status as a caregiver exempt from registration, registered caregiver, dispensary, manufacturing facility or cannabis testing facility; and(2) The location where any cannabis plants or harvested cannabis associated with the threat to public health or safety were cultivated, manufactured, tested, packaged, stored or sold.G. Notwithstanding any provision of this subsection to the contrary, the department shall comply with Title 36, section175. Information provided by the department pursuant to this paragraph may be used by the department's Bureau of Revenue Services only for the administration and enforcement of taxes imposed under Title 36.H. A final written decision of the department pursuant to section 2430-I imposing an administrative penalty; ordering forfeiture and destruction of cannabis plants, cannabis or cannabis products; or suspending or revoking a registry identification card or registration certificate is not confidential.I. A caregiver, dispensary, manufacturing facility or cannabis testing facility or an officer, director or assistant of a caregiver, dispensary, manufacturing facility or cannabis testing facility may not be required to disclose to a law enforcement officer information that could reasonably identify an individual's identity without a warrant requiring the disclosure.J. A person who accompanies a patient to obtain cannabis plants or harvested cannabis may not be required to disclose to a law enforcement officer information that could reasonably identify an individual patient's identity without a warrant requiring the disclosure.Amended by 2024, c. 679,§ A-14, eff. 8/9/2024.Amended by 2024, c. 679,§ A-13, eff. 8/9/2024.Amended by 2024, c. 679,§ A-12, eff. 8/9/2024.Amended by 2024, c. 679,§ A-11, eff. 8/9/2024.Amended by 2024, c. 679,§ A-10, eff. 8/9/2024.Amended by 2024, c. 679,§ A-9, eff. 8/9/2024.Amended by 2024, c. 637,§ 2, eff. 8/9/2024.Amended by 2024, c. 637,§ 1, eff. 8/9/2024.Amended by 2023SP1, c. 365,§ 9, eff. 10/25/2023.Amended by 2023SP1, c. 365,§ 8, eff. 10/25/2023.Amended by 2023SP1, c. 365,§ 7, eff. 10/25/2023.Amended by 2023SP1, c. 365,§ 6, eff. 10/25/2023.Amended by 2023SP1, c. 365,§ 5, eff. 10/25/2023.Amended by 2023SP1, c. 365,§ 4, eff. 10/25/2023.Amended by 2022, c. 662,§ 30, eff. 4/26/2022.Amended by 2022, c. 662,§ 29, eff. 4/26/2022.Amended by 2022, c. 662,§ 28, eff. 4/26/2022.Amended by 2022, c. 662,§ 27, eff. 4/26/2022.Amended by 2022, c. 662,§ 26, eff. 4/26/2022.Amended by 2022, c. 662,§ 25, eff. 4/26/2022.Amended by 2022, c. 662,§ 24, eff. 4/26/2022.Amended by 2022, c. 662,§ 23, eff. 4/26/2022.Amended by 2022, c. 662,§ 22, eff. 4/26/2022.Amended by 2021SP1, c. 367,§ 12, eff. 10/18/2021.Amended by 2021SP1, c. 367,§ 11, eff. 10/18/2021.Amended by 2021SP1, c. 387,§ 10, eff. 7/1/2021.Amended by 2021SP1, c. 387,§ 9, eff. 7/1/2021.Amended by 2021SP1, c. 387,§ 8, eff. 7/1/2021.Amended by 2021SP1, c. 251,§ 4, eff. 6/17/2021.Amended by 2019, c. 331,§ 20, eff. 9/19/2019.Amended by 2019, c. 331,§ 19, eff. 9/19/2019.Added by 2018SP2, c. 452,§ 12, eff. 12/13/2018.This section is set out more than once due to postponed, multiple, or conflicting amendments.