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 691-2-2 - SCOPE AND PROTECTED CONDUCT

Current through 2024-29, July 17, 2024
A.
Protections: legal medical use of marijuana.
The protections and
				requirements of this rule is for conduct expressly authorized by this rule and
				the statute for the legal medical use of marijuana in the State of Maine by
				qualifying patients, and for those authorized to assist qualifying patients. To
				receive protection for conduct authorized by this rule and the statute,
				individuals must comply with applicable provisions of rule and statute,
				including possessing required documents as proof of authorized conduct.
				Protections under this rule do not extend to individuals who are not authorized
				to possess, cultivate, dispense, transport, furnish or administer marijuana for
				medical use.
1.
Violation of other
				laws.
These protections do not extend to violations of other State and
				federal laws.
2.
Protected
				conduct of lawful possession of marijuana for medical use.
An authorized
				person who is compliant with statute and rule may lawfully possess marijuana
				plants, an "allowable useable amount of prepared marijuana" and an "incidental
				amount of marijuana" in accordance with statute and this rule. The incidental
				amount of marijuana is not included when calculating the allowable useable
				amount of marijuana for medical use.
3.
Valid proof of authorized
				participation.
A qualifying patient, primary caregiver, caregiver
				employee, or principal officer, board member or employee of a registered
				dispensary must possess a valid driver's license with a photograph or other
				photographic identification in accordance with
				22 M.R.S.
				§§2423-E(5) and
				2425(11) in order
				to establish proof of authorized participation in the medical use of marijuana
				program.
a. In addition to proof of identity,
				additional documentation is required as proof of authorized conduct.
i.
Patient conduct.
Qualifying
				patients are not required to register or to possess a registry identification
				card to receive protection for conduct authorized under this rule and the
				statute. A qualifying patient must possess the written certification from his
				or her medical provider and proof of identity in accordance with
				22 M.R.S.
				§2423-E(5)(A) as proof
				of authorized conduct.
ii. Primary
				caregiver not required to register conduct. A primary caregiver who assists
				only a patient who is a member of the caregiver's family or household 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. A primary caregiver who assists patients who are family
				or household members, as defined by
				22 M.R.S.
				§2422, must possess a valid designation
				form and designation card for each patient up to the maximum number permitted
				by statute as proof of authorized conduct.
iii.
Registered cardholders
				conduct.
A primary caregiver employee or principal officer, board member
				or employee of a registered dispensary who is engaging in conduct authorized
				under this rule is required to possess a valid registry identification card as
				proof of authorized conduct.
iv.
Registered primary caregiver conduct.
A caregiver who assists a
				patient who is not a member of the primary caregiver's family or household is
				required to register in accordance with
				22 M.R.S.
				§2423-A(3)(C)(2). The
				primary caregiver must possess a registry identification card for each patient
				the caregiver assists up to the maximum permitted in order to receive
				protection for conduct authorized under this rule and the statute. The
				registered primary caregiver must also possess a valid designation form signed
				by each patient as proof of authorized conduct.
b.
Trip ticket.
A primary
				caregiver or cardholder authorized to transport marijuana may be required to
				possess a trip ticket as proof of authorized conduct. Requirements for trip
				tickets are specified in Sections
				6(A),
				7(Q) and
				11(I) of this
				rule.
4.
Protected
				conduct by anyone providing paraphernalia.
Prior to providing
				paraphernalia in accordance with this rule and the statute, a person must
				verify proof of authorized conduct. See paragraph 3 of this subsection of rule
				for documents required as proof of authorized conduct.
5.
Protected conduct by anyone
				providing marijuana or product containing marijuana
. A person authorized
				to possess and furnish marijuana for medical use must verify proof of
				authorized conduct of any person prior to providing that person with marijuana
				or product containing marijuana, including samples for research and development
				or testing purposes pursuant to this rule and the statute. See paragraph 3 of
				this subsection of rule for documents required as proof of authorized
				conduct.