New Medical & Caregiver Laws for Maine growing MMMP Rule Changes

The Department may/must-

• Take action necessary to ensure compliance.

• Request specific documents as proof of authorized conduct

o Patients must have photo ID and written cert

o Registered caregiver must have photo ID, registry ID card and designation card and designation form- up to maximum 5 cards and active patients; and trip tickets if transporting

o A primary caregiver employee or principal officer, board member or employee of a registered dispensary must have registry ID card

o Non-registered caregiver must have designation card and designation form- up to maximum 5

• Initiate an onsite assessment, which may include an interview, a paper review, and an inspection of premises hosting authorized conduct, to ensure compliance of an individual who engages in authorized conduct authorized prior to issuing a registry identification card, as a routine review, in response to an allegation of non-compliance or as part of a plan of correction.

• Conduct an inspection where the focus can be on

o Verifying information submitted in an application;

o Reviewing records for all required documents, including, but not limited to designation forms, registration, and licenses, labeling and employee records, as applicable;

o Conducting interviews; inspecting areas used for authorized conduct to ensure any marijuana, including plants, usable marijuana and incidental marijuana cultivated for medical use, is within the specified limit and is identifiable and maintained as required;

o Taking samples of marijuana cultivated for medical use and products containing marijuana for medical use; and

o Assessing conduct for compliance with the rule and statute.

• Take remedial action for non-compliance which may include directed corrective action; suspension, revocation and denial of a registry identification card or registration certificate, as specified; civil penalties; and referral the conduct is outside the scope of MMMP, is not appropriate for agency directed corrective action, or has not been rectified through correction action.

• Request entry to inspect a dispensary or registered caregiver without notification.

o Upon refusal, may refer to law enforcement when compliance cannot be determined

o If denied entry by a cardholder, take action to revoke the registry identification card or dispensary registration certificate.

• Consider failing to comply with assessment process/inspection a violation of the rule

• Refer to other if the conduct is outside the scope of MMMP, is not appropriate for agency directed corrective action, or has not been rectified through correction action.

• Suspend a dispensary certificate on an emergency basis

• Report medical provider to licensing boards, regarding the inappropriate evaluation or treatment of a patient’s medical condition or a reported alleged violation of the applicable standard of care, or when determined non-compliant

• Take samples, photographs or electronic copies may be taken during an on-site assessment to determine compliance.

• Provide technical assistance during an inspection or move to a progressive enforcement action (fines or penalties, required plan of correction, registration denial or revocation, and referral to law enforcement) if compliance cannot be determined when conducting an on-site assessment, or when a finding of non-compliance is not resolved through technical assistance provided on-site or through other remedial action.

• Request a plan of correction which must include action steps to correct any finding, violation or deficiency noted by the Department in the notice of non-compliance; specific deadlines for each corrective action step; and steps to reduce potential future violation.

• Issue a directed plan of correction

• Determine a registry identification card applicant ineligible if the applicant has failed to demonstrate compliance with this rule and the statute; and the applicant is/will be using a location for authorized conduct where such conduct is prohibited by the host municipality’s local codes and ordinances.

The Department may/must-

• Take action necessary to ensure compliance.

• Document reports of non-compliance that result in an on-site assessment

• Provide at least 24 hours as notification if entering to inspect areas within the residence of a person not required to register.

• Show proof of identity when requesting entry and prior to inspecting, provide the written reason for the on-site assessment and take measures to reduce potential disruption and contamination to area during and inspection

• Maintain chain-of-custody and provide receipt for samples collected

• Issue notice of non-compliance that is to include appeal rights

• Issue written notice of denial or revocation of card which must include reason for action and section of rule or statute, date action takes effect and the right to appeal.

• Person received notice when the person signs for receipt or 3 days after Dept mailed 1st class to last known address

• Seek a district court order terminating a dispensary registration certificate or seek emergency suspension.

• Enforce date of revocation as being 3 days after written notice is mailed first class

• Provide the subject of an on-site assessment report within 30 days and indicate whether any violation was identified and, if corrective action was taken, and the action and its outcome. (No action required; finding of non-compliance; immediate action against dispensary certificate)

MMJ Cardholders/Participants may/must-

• Possess amounts of marijuana up to the limits specified in the statue (as a patient and on behalf of a patient possess up to 2 ½ ounces of prepared marijuana, 6 mature plants, 12 non-flowering, unlimited seedlings and 8 lbs of unprocessed/incidental)

• As a patient, designate one source to cultivate on their behalf, and also cultivate within limit

• Share a cultivation location if the caregivers are family or household members and there is only two caregivers (22 MRS §2423-A (1)(B) and (3)(D).)

• Share a cultivation location if the patients are family or household members, and patient can share with more than two other patients

• Assist any patient who designates them- up to 5 current/valid designations for caregivers, and discontinue a designation by signing and dating designation form and returning designation card.

• Re-apply for a registry identification card after 30 days of revocation or denial if they can demonstrate compliance

• Prepare goods containing marijuana for a patient who is a member of the primary caregiver’s family or household and furnish that product to only that patient, without a food establishment license

• As a caregiver, rent separate, self-contained, locked and secured locations within a building and store cultivation-related materials in common area if they, as a caregiver, are not assisting another caregiver and marijuana is locked and secure.

• As a dispensary, report failed drug tests and may have a policy to specify that the reporting of the presence of marijuana for an employee who possesses a valid written certification is not required and the employee’s status as a qualifying patient is confidential.

• As a registered caregiver, employ one person to assist in caregiver-assigned duties, if personnel files is maintained and provide limited marijuana to dispensary approved for such transfer

• As a incapacitated adult or minor patient or patient who resides in nursing/hospice facility, designate a second primary caregiver

• As a dispensary, cultivate up to 30 plants outdoors

• Report total amount of marijuana on packaged goods

• Be inspected if they are a registry identification card applicant

MMJ Cardholders/Participants may/must

• Comply, to receive protection as an authorized person and to avoid progressive enforcement action.

• Forfeit excess to law enforcement

• Identify each plant and patient file with patient’s written certification number

• Report, at least annually, the total number of patients, with designation dates and patient’s certification unique identifier

• As a caregiver, report if a designation is not re-filled within 10 days unless the caregiver has 5 cards; and, as a dispensary, report patient count monthly.

• As a dispensary, request approval to acquire prepared marijuana from a registered caregiver

• Maintain records for tax purposes (sales records) and personnel files

• Report cultivation location

• Obtain food establishment license if preparing and furnishing goods containing marijuana to patient who are not family or household members.

• Pay specified testing fees for required testing of samples collected by the Department

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