Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 2 - Maine Medical Use of Marijuana Program Rule (formerly 10-144 ch. 122) › Section 691-2-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
Definitions in this rule are in addition to definitions in
				  the statute. As used in this rule, unless the context otherwise indicates, the
				  following terms have the following meanings.
A.
Act
means the
Maine
				Medical Use of Marijuana Act
.
B.
Adulterated
, for the purposes
				of this rule, means made impure or inferior by adding extraneous ingredients.
				Goods that are prepared in food establishments that are licensed facilities
				pursuant to
				22 M.R.S.
				§2167 and that contain marijuana for
				medical use by a qualifying patient are not considered to be
				adulterated.
C.
Applicant
means any person applying for a registry identification
				card to participate in the Maine Medical Use of Marijuana Program, hereinafter
				MMMP.
D.
Bona fide medical
				provider-patient relationship
means a relationship in which the treating
				medical provider has ongoing responsibility for the assessment, care, and
				treatment of a qualifying patient's debilitating medical condition with respect
				to the medical use of marijuana.
E.
Cardholder
means a registered patient, a registered primary
				caregiver, an employee of a primary caregiver or a principal officer, board
				member or employee of a registered dispensary who has been issued and possesses
				a valid registry identification card.
F.
Debilitating medical
				condition
means a chronic or debilitating disease, medical condition or
				symptom that qualifies for the medical use of marijuana by a qualifying patient
				in accordance with 22 M.R.S., Chapter 558-C.
G.
Deficiency
means a violation
				of or failure to comply with a provision of this rule or the statute.
H.
Department
means the
				Department of Health and Human Services (DHHS).
(APA Office Note: transferred to the Department of
				  Administrative and Financial Services, Office of Marijuana Policy,
				  2019.)
I.
Dispensary
means "registered dispensary," as defined in
				22 MRS
				§2422(6).
J.
Marijuana
means the leaves,
				stems, flowers and seeds of all species of the plant genus cannabis, whether
				growing or not. It does not include the mature stalks of the plant, fiber
				produced from the stalks, oil or cake made from the seeds of the plant, any
				other compound, manufacture, salt, derivative, mixture or preparation of the
				mature stalks, fiber, oil or cake or sterilized seed of the plant which is
				incapable of germination.
K.
Marijuana; allowable usable amount of marijuana for medical use
means two and a half ounces or less of prepared marijuana and a total of up to
				six mature marijuana plants that a person may be authorized to possess for each
				qualifying patient at any one time.
L.
Marijuana; incidental amount of
				marijuana
means, for each qualifying patient, up to 12 female
				nonflowering marijuana plants; an unlimited amount of marijuana seedlings,
				seeds, stalks and roots; and up to eight pounds of harvested dried unprepared
				marijuana in varying stages of processing that are not included when
				calculating the "allowable useable amount of marijuana."
M.
Marijuana; seedling
means a
				marijuana plant that has no flowers and is less than 12 inches in height and
				diameter. A plant that does not meet all three criteria will not be considered
				a seedling.
N.
Marijuana;
				tincture
means a liquid mixture created from a concentrated extract of
				marijuana for medical use for ingestion or inhalation by a qualifying
				patient.
O.
Marijuana;
				topical treatment
means a mixture or extract of marijuana for medical
				use made into a transcutaneous balm, lotion, ointment or rubbing alcohol
				solution.
P.
Organic
means certified by an accredited organic certifier in the State of Maine as
				being in compliance with the United States Department of Agriculture
				certification requirements applying to organic products.
Q.
On-site assessment
means the
				review process to determine compliance. An on-site assessment may include a
				paper review, interview and inspection of the medical marijuana cultivation,
				processing and retail sites and administrative locations for the purpose of
				ensuring compliance with the requirements of statute and this rule.
R.
Paraphernalia
, for the
				purpose of this rule, is limited to equipment, products and materials that are
				used in planting, propagating, cultivating, growing, harvesting, processing,
				preparing, testing, analyzing, packaging, repackaging, storing, containing,
				ingesting, inhaling or otherwise introducing marijuana for medical use into the
				human body. Paraphernalia includes, but is not limited to the following:
1. Kits used or intended for use in the
				planting, propagating, cultivating, growing or harvesting of any species of
				marijuana;
2. Isomerization devices
				used or intended for use in increasing the potency of any species of the
				marijuana plant;
3. Testing
				equipment used or intended for use in identifying or in analyzing the strength,
				effectiveness or purity of marijuana;
4. Scales and balances used or intended for
				use in weighing or measuring marijuana;
5. Separation gins and sifters, used or
				intended for use in removing twigs and seeds from, or in otherwise cleaning or
				refining, marijuana;
6. Envelopes
				and other containers used or intended for use in packaging small quantities of
				marijuana for medical use;
7.
				Containers and other objects used or intended for use in storing medical
				marijuana; and
8. Objects used or
				intended for use in ingesting, inhaling or otherwise introducing marijuana into
				the human body, including but not limited to:
a. Metal, wooden, acrylic, glass, stone,
				plastic or ceramic pipes with or without screens, permanent screens, hashish
				heads or punctured metal bowls;
b.
				Water pipes;
c. Carburetion tubes
				and devices;
d. Smoking and
				carburetion masks;
e. Roach clips,
				meaning objects used to hold burning marijuana cigarettes that have become too
				small or too short to be held in the hand;
f. Chamber pipes;
g. Carburetor pipes;
h. Electric pipes;
i. Air-driven pipes;
j. Chillums;
k. Bongs designed for marijuana and not for
				cocaine; or
l. Ice pipes or
				chillers.