Maine (Copy)

Adult Use / Recreational MMJYes

Pediatric Yes

Home grow Yes, patients may possess no more than 6 mature plants.

Possession limitTwo and one-half ounces

Reciprocity Yes

LegislationBallot Question 2, Senate bill 611

Estimated # of registered pat46,423 (voluntary registry)

Legalization – Important Legislation

Ballot Question – Medical Marijuana

Ballot Question 1 (2016)  – Adult use Marijuana – Act to Legalize Marijuana 

• Retail marijuana store licenses;

• Retail marijuana cultivation facility licenses;

• Retail marijuana products manufacturing facility licenses;

• Retail marijuana testing facility licenses;

•Retail marijuana social club licenses dispensary fees

• Certificate of registration application fee. The $15,000 registration fee must be submitted with the dispensary’s completed certificate of registration application.

• 7.4.2 Registration renewal fee. The $15,000 registration renewal fee must be submitted annually with the dispensary’s completed registration renewal form.

• Identification card fee. The registered dispensary shall be assessed a $25 fee for each registry identification card issued for each principal officer, board member, and employee of the registered dispensary.

• Identification card renewal fee. The registered dispensary shall be assessed a $25 fee for the annual renewal of each registry identification card issued for each principal officer, board member, and employee of the registered dispensary.

• Background check fee. The registered dispensary must include a check for $31 payable to the “Treasurer, State of Maine” for the cost of criminal background checks with each application or renewal for a registry identification card for each principal officer, board member, and employee of the registered dispensary.

• Change of location fee. A registered dispensary that changes its physical location or its grow location is required to submit a completed department approved change in location form to secure a new certificate of registration and shall be assessed a fee of $5,000 for each change of the dispensary’s physical location or its grow location.

• $15,000 registration renewal fee

• $5,000 for each change of the dispensary’s physical location

• license fee of $250-$2,500;

• non-refundable application fee of $10-$250

• license fee of $10-$100 per 100 square feet;

• non-refundable application fee of $10-$250 license:

• license fee of $100-1,000;

• non-refundable application fee of $10-$250

• license fee of $500;

• non-refundable application fee of $10-$250

• license fee of $250-$2,500;

• non-refundable application fee of $10-$250

Each application shall address all criteria and measures, even when no point values are assigned. Failure to address all of the criteria and measures will result in the application being considered non-responsive and not accepted for review.

Criterion 1: Submission of Required Information Regarding Applicant and Facility (up to 25 points)

• Measure 1: The applicant shall provide the legal name of the corporation, a copy of the articles of incorporation and by-laws of the corporation. [no points assigned]

• Measure 2: The applicant shall provide the proposed physical location of the retail dispensary and if marijuana is not cultivated at the retail site, the one site where marijuana may be grown, if a precise address has been determined. [up to 5 points] 

• For each proposed physical address, provide legally binding evidence of site control sufficient to enable the applicant to use and possess the subject property.

• If the applicant indicated that a precise address has not been determined, the applicant has at least identified the general location(s) where the facilities will be sited, and when.

• Measure 3: The applicant shall provide evidence of compliance with local codes and ordinances for each physical address which will be used for dispensing and growing marijuana under the MMMP, and that neither location is within five hundred (500) feet of a preexisting public or private school boundary. A school in this context is interpreted to mean an entity that satisfies Maine’s compulsory education requirements. [no points assigned]

• Measure 4: The applicant shall describe the enclosed, locked facilities that will be used in the growing, cultivation and sale of marijuana, the security measures and whether it is visible from the street or other public areas. [up to 5 points]

• Measure 5: The applicant shall provide the name, address and date of birth of each principal officer and board member of the dispensary, along with a photocopy of their Maine driver’s license or other state-issued identification card. Temporary new driver’s licenses are not acceptable. [no points assigned] Measure 6: The applicant shall provide a list of all persons or business entities having direct or indirect authority over the management or policies of the dispensary, and a list of all persons or business entities having 5% or more ownership in the dispensary, whether or not the interest is in the land or buildings, including owners of any business entity which owns all or part of the land or building. [no points assigned]

• Measure 7: The applicant shall provide the identity of any creditor holding a security interest in the premises, if any, and the terms of that agreement. The applicant shall identify any principal officer or board member of the dispensary who is a creditor and disclose the terms and conditions. [no points assigned] Measure 8: The application shall include the required signed cover letter, and the completed application form supplied by the department. [no points assigned]

• Measure 9: The applicant shall describe how the dispensary will operate on a long-term basis as a non-profit organization and a business plan that includes, at a minimum, the following: [up to 15 points]  A detailed description about the amount and source of the equity and debt commitment for the proposed dispensary that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs; and the financial capability to undertake the project.

• A copy of the proposed policy regarding services to registered patients who cannot afford to purchase marijuana for medical purposes.

• The application indicates whether or not the applicant will accept unused excess marijuana from registered patients or caregivers, the process for assuring that the marijuana is not adulterated (how it will be tested) and how it will be redistributed (cannot be sold) to those registered patients who cannot afford marijuana for medical purposes.

• Projected income statements for the first three (3) years after implementation (forms to be supplied by the department).

• The applicant provides evidence that salaries are in line with the non-profit sector.

• Control of the organization is exercised by a governing body.

• There are sufficient board members to fire an executive or to remove board members.  Plans for distribution of net revenues annually.

• Measure 1: The applicant demonstrates their proposed location and services will be convenient for qualifying patients and caregivers. [up to 10 points]

• Measure 2: The applicant demonstrates a steady supply of marijuana for medical use will be available to the projected number of registered patients. [up to 10 points]

o There is a start-up timetable which provides an estimated time from registration of the dispensary to full operation, and the assumptions used for the basis of those estimates.

o The applicant shall demonstrate knowledge of organic growing methods to be used in their growing and cultivation of marijuana.

o The applicant shall demonstrate that steps will be taken to ensure the quality of the marijuana, including purity and consistency of dose.

o The applicant discloses the various strains of marijuana to be dispensed and for which conditions and the form(s) in which marijuana will be dispensed.

• Measure 3: The applicant demonstrates the knowledge and ability to manage a non-profit organization or other business. [up to 10 points]  Personnel.  Fiscal (payroll, bookkeeping case management).

• Measure 4: The applicant demonstrates that its plan for record keeping, inventory, quality control and security and other policies and procedures will discourage unlawful activity. [up to 20 points]

• Measure 5: The applicant fully describes a staffing plan that will provide accessible business hours, safe growing and cultivation, and maintenance of confidential information regarding the grow sites and the identity of patient information. [up to 20 points]

• Measure 6: The application indicates consent to pay for state and federal background checks for all proposed and future registry card holders. [no points assigned]

• Measure 7: The application reflects a strong patient education component which addresses the diversity of qualifying medical conditions. [up to 5 points]

• November 02, 1999, Maine voters approved Ballot Question 2 (effective on December 22, 1999). Ballot Question 2 effectively removed all state-level criminal penalties on the use, possession and cultivation of marijuana, by patients who have either an oral or written “medical opinion” stating that he or she “may benefit from the medical use of marijuana”, from their medical physician.

• April 02, 2002, Senate Bill 611 amended the law, increasing the amount of useable marijuana a patient may possess, from one and one-quarter to two and one-half (2.5) ounces.

• November 03, 2009, voters approved Question 5, amending the law to change the approved qualifying medical conditions to include cancer, HIV / AIDS, glaucoma, hepatitis C, Crohn’s disease, amyotrophic lateral sclerosis, nail-patella syndrome, Alzheimer’s disease, cachexia or wasting syndrome, severe nausea, chronic intractable pain, severe and persistent muscle spasms including multiple sclerosis, and seizures including epilepsy. Question 5 also contained instructions for establishing a registry identification program for patients and caregivers, while also stipulating provisions for the operation of nonprofit dispensaries, by the Department of Health and Human Services (DHHS).

• June 26, 2013, LD 1062, added Post Traumatic Stress Disorder (PTSD) to the list of approved conditions for medical marijuana use — effectively enacted without the governor’s signature.

• 2016 – Voters approved a ballot initiative legalizing marijuana for adults and establishing a regulated marijuana market like alcohol

• February 2018 – priority license applications granted; general license applications will be accepted.

• Cancer,

• HIV/AIDS,

• glaucoma,

• hepatitis C,

• Crohn’s disease,

• amyotrophic lateral sclerosis,

• nail-patella syndrome,

• Alzheimer’s disease,

• cachexia or wasting syndrome,

• severe nausea, chronic intractable pain,

• irritable bowel syndrome,

• severe and persistent muscle spasms including multiple sclerosis, and seizures including epilepsy.

• Post-traumatic stress disorder (PTSD)

 n Maine

1. First, you need a signed Physician’s Statement from a physician, currently licensed to practice medicine in Maine — *Find a certified medical marijuana physician in Maine

2. To qualify, a patient needs to be diagnosed by a physician as having one of the debilitating medical conditions that is specifically identified in the law:

3. Patients must be 18 years of age and be a Maine resident.

4. The Maine Patient Registry is optional, however patients interested in registering should visit the Maine Department of Health and Human Services:

o If you choose to register, the application form must be completed and signed by the patient or the patient’s parent or legal guardian.

o The physician certification form must be completed by a physician who has a bona fide patient-physician relationship with the patient.

o The physician will give the patient a signed and dated original certification form, printed on tamper-resistant paper

o The physician shall determine the expiration date of the certification. The physician can use a period of 12 months or less, based upon his or her professional judgment.

o Patients must attach a copy of their Maine driver’s license to the application. If the patient has no driver’s license, another Maine-issued photo identification card will be accepted. * Note: No photo identification card is required for a hospice patient or a nursing home resident.

o The Maine Patient Registry fee is $0 — Maine Medical Marijuana Program Application Form — patients who voluntarily register with the Department, MUST attach a copy of their physician certification form to their application for a registry identification card.

o For caregivers, the fee is $300 per patient, with a limit of five patients — if the caregiver is not growing, the fee is waived.

o If the patient is a minor, or an adult with a court-appointed guardian or a durable power of attorney, Section 2 — MMMP Application Form, must be completed. A copy of guardianship or durable powers of attorney must be attached to the application.

Yes, primary caregiver is a person providing care for the registered patient. The caregiver must be 21 years of age or older. The caregiver can never have been convicted of a disqualifying drug offense. Patients can name one or two primary caregivers. (Only one person may be allowed to cultivate marijuana for a registered patient).