. Obtaining Medical Cannabis in Maine Cynthia A. Cullinane MCST 604 February 11, 2021 Current Status of Maine Marijuana a Laws 1999 – legalized medical marijuana MRS Title 22, Chapter 558-C. MAINE MEDICAL USE OF MARIJUANA ACT 2016 – legalized recreational marijuana for adults over 21 MRS Title 28-B, Chapter 1: ADULT USE MARIJUANA The Maine Adult Use Marijuana Law3 Provides another mechanism for obtaining marijuana that may be used for medicinal purposes Highlights: • passed by ballot initiative in 2016 • informally known as the “recreational marijuana law” • anyone over the age of 21 no longer requires a health care provider’s involvement to obtain or use marijuana • possession amounts are limited to 2.5 oz at any time • adults > 21 also able to cultivate marijuana for personal use, with limits Highlights of Requirements to Obtain Medical Marijuana • Patients need to have a Medical Marijuana Card • Eligibility requirements for a card: • Patients need to be • a resident of Maine, • over the age of 18, or with parental permission and oversight if a minor, • have a qualifying condition, and • need to be certified through a licensed medical provider: MD DO, NP Additional Requirements • There must be a bona-fide relationship between a medical provider and a patient • Certification periods are determined by the medical provider, not to exceed one year, and must be renewed • Although the state does not charge the medical provider or the patient for the medical marijuana card, providers may charge fees for the examination and certification process • Patients are limited to purchasing through businesses that have a permit to sell medical marijuana • Only those with medical marijuana cards can purchase products in approved medical marijuana retail establishments Details of the Maine Medical Marijuana Law1 • Key provisions regarding patients • identifies permitted prescribing, cultivating, processing, and dispensing actions • must have a “bona-fide” relationship between the provider and the patient • providers can write a “certification” or opinion that the use of marijuana would provide a therapeutic or palliative value • risks and benefits must be explained to all patients • must meet special conditions for minors (under 18 years) • initially, this list was very specific, but the law provided a mechanism to add additional conditions through an application and public hearing process • on July 9, 2018, the Senate override the Governor’s veto to amend the law • shorter list of qualifying conditions for minors • use for treatment of substance abuse disorders requires a defined recovery plan • conflicts of interest when a provider has exclusive control of more than one aspect (e.g., recommending and dispensing), which requires additional full disclosure • defines sanctions for violations of the law Maine’s Marijuana Program Rule (MMPR)2* states: “The activities described in this rule and the enabling statute are considered a violation of federal law. Individuals participating in the MMMP may be subject to federal sanctions for what is otherwise considered authorized conduct in the State of Maine.” “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.” * In addition to laws passed by legislatures, agencies tasked with enforcing those laws typically generate Rules that more specifically dictate how the law is implemented and operates Challenges / Solutions Certification by Health Care Provider Challenge: Don’t have one own health care provider Geographical, insufficient health coverage Yours does not want to provide certification Personal/professional concerns re: federal regulation Limits due to provider’s employer practice restrictions Solutions: Online certification sites already exist Host qualifying medical providers within the dispensaries Challenges / Solutions Limits on Where it can be Used Challenge: Cannot be used in public places restricted to private property May be restricted by employers based on philosophy, location, or job requirements Cannot cross state / international boundaries Maine borders New Hampshire and Canada Cannot use on federal land – Acadia National Park and National Monuments Solutions: Decriminalizing and de-scheduling marijuana at the federal level Education for patients and employers re: psychotropic effects of the various marijuana compounds Product selection on the part of the patient Challenges / Solutions Limits on How it can be Obtained Challenge: Must have a certification card Must purchase at an authorized medical marijuana dispensary Cost of product Lack of low-cost drug assistance programs Cash only business Solutions: Pass federal legislation allowing marijuana dispensaries to use banks Develop low-cost assistance programs, perhaps applying a tax on the commercial medical marijuana companies based on revenues Increase the number of authorized dispensaries to increase price competition Reduce taxes and other cost liabilities on small medical marijuana businesses References 1. 22 M.R.S. ch 558-C (2020). 2. 10-144 C.M.R. ch.122 (2018). 3. 28-B M.R.S. ch. 3 (2019). .
