Maine Medical Marijuana

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A. Authorized conduct: qualifying patient. The authorized conduct of a qualifying patient

is governed by this rule and the statute. A qualifying patient possessing a valid medical

provider written certification who is compliant with this rule and the statute is protected

under the Act when exercising authorized conduct. Registration is voluntary for

qualifying patients who want to secure a Department-issued registry identification card.

B. One valid written certification. Prior to engaging in the medical use of marijuana, a

qualifying patient must obtain a valid written certification from his or her medical

provider in accordance with this rule and the statute. A qualifying patient may not

possess more than one medical provider written certification at one time, except that a

visiting qualifying patient is required to have both the valid written medical use of

marijuana certification from his or her home jurisdiction and a valid Maine written

certification signed by the patient’s treating medical provider.

1. Written certification required. Prior to obtaining or using marijuana for medical

use, a qualifying patient, including non-registered patients, voluntarily registered

patients and visiting patients, must obtain a written certification from his or her

medical provider in accordance with this rule.

a. The written certification form must be printed on tamper-resistant paper.

b. The written certification may not disclose the medical condition on the

written certification issued to the patient for the medical use of marijuana.

c. The written certification expires within one year after issuance. Each

written certification must include the date issued and the expiration date.

d. The written certification must be issued in the course of bona fide medical

provider-patient relationship. The patient is responsible for providing the

necessary information in order for the medical provider to maintain

documentation as required by this rule to demonstrate an existing bona

fide medical provider-patient relationship.

C. Updated certification required. When a qualifying patient has a name change or

address change, the qualifying patient must secure an updated written certification from

the patient’s medical provider. A written certification that has not been updated within 30

days to correct outdated patient information is not valid.

D. Patients who may not cultivate. Qualifying patients who may not cultivate their own

marijuana for medical use are set out in this rule and the statute.

1. Minor qualifying patients may not cultivate. A minor qualifying patient may

not cultivate his or her own marijuana. Only one of the minor’s primary

caregivers described in this rule and the statute may be designated to cultivate

18-691 CMR Ch. 2

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marijuana for the minor qualifying patient’s medical use. Instead of designating a

primary caregiver to cultivate marijuana, a dispensary may be designated to

cultivate marijuana for the minor qualifying patient.

2. Incapacitated adult qualifying patients may not cultivate. An incapacitated

adult qualifying patient may not cultivate his or her own marijuana. Only one of

the primary caregivers described in these rules may be designated to cultivate

marijuana for the incapacitated adult qualifying patient’s medical use. Instead of

designating a primary caregiver to cultivate marijuana, a dispensary may be

designated to cultivate marijuana for the incapacitated adult qualifying patient.

3. Visiting qualifying patients. A visiting qualifying patient may not cultivate

marijuana. A visiting qualifying patient may designate a registered primary caregiver or a dispensary to cultivate marijuana for medical use.

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