A. Cancer, glaucoma, positive status for human immunodeficiency virus,
acquired immune deficiency syndrome, hepatitis C, amyotrophic
lateral sclerosis, Crohn’s disease, agitation of
Alzheimer’s disease, nail-patella syndrome or the treatment of these
conditions,
B. A chronic or debilitating disease or medical condition or its treatment that produces intractable pain, which is pain that has not responded to ordinary medical or surgical measures for more than 6 months,
C. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; or
D. Any other medical condition or its treatment as provided for in section 2424, subsection 2."
B. A chronic or debilitating disease or medical condition or its treatment that produces intractable pain, which is pain that has not responded to ordinary medical or surgical measures for more than 6 months,
C. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; or
D. Any other medical condition or its treatment as provided for in section 2424, subsection 2."
- Section 2424, subsection 2 is about adding new conditions to the list by presenting public petitions to the Department of Health and Human Services to be approved or denied after a public hearing. However this process has not been enacted. When questioned about the process, a Medical Marijuana Program office administrator said to contact local legislatures to add new conditions. MainelyMarijuana.com will continue to investigate this issue.
Proof of Medical Use
- If approached by a law enforcement official about marijuana possession or cultivation, you must present a valid tamper-proof physician certificate or a state-issued identification card
- The wallet-size i.d. card is free and requires registering with the Department of Health and Human Services Medical Marijuana Program. Registration is voluntary. If you do not wish to register, you must always possess your physician certificate if you are engaging in marijuana related activities.
Possession
- You may possess up to 2.5 ounces of usable marijuana, paraphernalia, and an "incidental" amount of marijuana seeds, stalks, stems, roots and nonflowering plants.
- Usable marijuana buds and tinctures should be considered by their total weight. Edibles are judged not by the weight of the food, but by the amount of marijuana contained within.
- Concentrated 'hash' products are in a legal gray area and may not necessarily be considered medicinal.
Grow Your Own
- If you will be cultivating all of your own medicine, you do not need to register with the state as a caregiver.
- You may have up to six flowering plants, as well as an unspecified number of small nonflowering plants and buds in varying stages of harvest.
- All plants must be cultivated in an enclosed, locked area and may only be transported from the grow site to the patient's own property.
- You may also choose to grow your own plants and designate a caregiver. For example, you and your caregiver can each grow 3 plants, as long as there are never more than 6 flowering plants.
Designate a Caregiver
- If you choose to have someone else grow your medicine, you and your caregiver must complete the Designation Form. You must know how many plants your caregiver will grow and if you will be picking up your marijuana or having it delivered. This designation is valid for one year, but can be changed at any time if you wish to use another caregiver or buy from a dispensary.
Designate a Dispensary
- If you choose to buy your medicine from a dispensary, you must complete the Designation Form.
- Patients may purchase up to 2.5 ounces in a 15 day period.
- You may only choose one dispensary, but the designation can be changed at any time if you wish to switch to another dispensary or caregiver.
Time Limits
- A physician certificate is valid for a maximum of one year. The expiration date will be decided by your doctor based on your treatment needs. Caregiver and dispensary designations are valid for one year or less dependent upon your physician certificate's expiration date.
Discrimination & Defense
- In theory, you can not be discriminated against for using medical marijuana. In reality, there are several loopholes that allow discrimination. To avoid misinterpreting the law the statute is below in its entirety.
§2423-E. Requirements
1. Rights of persons or entities acting pursuant to this chapter.
A person whose conduct is authorized under this chapter may not be denied any right or privilege or be subjected to arrest, prosecution, penalty or disciplinary action, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for lawfully engaging in conduct involving the medical use of marijuana authorized under this chapter.
A person whose conduct is authorized under this chapter may not be denied any right or privilege or be subjected to arrest, prosecution, penalty or disciplinary action, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for lawfully engaging in conduct involving the medical use of marijuana authorized under this chapter.
[
2011, c. 407, Pt. B, §20 (AMD)
.]
2. School, employer or landlord may not discriminate.
A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person solely for that person's status as a qualifying patient or a primary caregiver unless failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or funding. This subsection does not prohibit a restriction on the administration or cultivation of marijuana on premises when that administration or cultivation would be inconsistent with the general use of the premises. A landlord or business owner may prohibit the smoking of marijuana for medical purposes on the premises of the landlord or business if the landlord or business owner prohibits all smoking on the premises and posts notice to that effect on the premises.
A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person solely for that person's status as a qualifying patient or a primary caregiver unless failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or funding. This subsection does not prohibit a restriction on the administration or cultivation of marijuana on premises when that administration or cultivation would be inconsistent with the general use of the premises. A landlord or business owner may prohibit the smoking of marijuana for medical purposes on the premises of the landlord or business if the landlord or business owner prohibits all smoking on the premises and posts notice to that effect on the premises.
[
2011, c. 407, Pt. B, §20 (AMD)
.]
3. Person may not be denied parental rights and responsibilities or contact with a minor child.
A person may not be denied parental rights and responsibilities with respect to or contact with a minor child as a result of acting in accordance with this chapter, unless the person's conduct is contrary to the best interests of the minor child as set out in Title 19‐A, section 1653, subsection 3.
A person may not be denied parental rights and responsibilities with respect to or contact with a minor child as a result of acting in accordance with this chapter, unless the person's conduct is contrary to the best interests of the minor child as set out in Title 19‐A, section 1653, subsection 3.
[
2009, c. 631, §25 (NEW);
2009, c. 631, §51 (AFF)
.]
4. Prohibition on seizure and retention.
Except when necessary for an ongoing criminal or civil investigation, a law enforcement officer may not seize marijuana that is in the possession of a qualifying patient, primary caregiver or registered dispensary as authorized by this chapter. A law enforcement officer in possession of marijuana in violation of this subsection must return the marijuana within 7 days after receiving a written request for return by the owner of the marijuana. Notwithstanding the provisions of Title 14, chapter 741, if the law enforcement officer fails to return marijuana possessed in violation of this subsection within 7 days of receiving a written request for return of the marijuana under this subsection, the owner of the marijuana may file a claim in the District Court in the district where the owner lives or where the law enforcement officer is employed.
Except when necessary for an ongoing criminal or civil investigation, a law enforcement officer may not seize marijuana that is in the possession of a qualifying patient, primary caregiver or registered dispensary as authorized by this chapter. A law enforcement officer in possession of marijuana in violation of this subsection must return the marijuana within 7 days after receiving a written request for return by the owner of the marijuana. Notwithstanding the provisions of Title 14, chapter 741, if the law enforcement officer fails to return marijuana possessed in violation of this subsection within 7 days of receiving a written request for return of the marijuana under this subsection, the owner of the marijuana may file a claim in the District Court in the district where the owner lives or where the law enforcement officer is employed.
[
2011, c. 407, Pt. B, §20 (NEW)
.]
5. Requirements for protection.
To receive protection under this section for conduct authorized under this chapter, a person must:
To receive protection under this section for conduct authorized under this chapter, a person must:
A.
If the person is a qualifying patient, present upon request of a law
enforcement officer the original written certification
for the patient and the patient's driver's license as
described under Title 29‐A, section 1401 or a nondriver identification
card as described under Title 29‐A, section 1410 or,
if the person is a visiting patient under section 2423‐D, the equivalent
proof of identity from the visiting patient's state of
residence; and
[2011, c. 407, Pt. B, §20 (NEW).]
B.
If the person is a primary caregiver, present upon request of a law
enforcement officer the original written document designating
the person as a primary caregiver by the qualifying
patient under section 2423‐A, subsection 1, paragraph E or F and the
primary
caregiver's driver's license described under Title
29‐A, section 1401 or a nondriver identification card as described under
Title 29‐A, section 1410.
[2011, c. 407, Pt. B, §20 (NEW).][
2011, c. 407, Pt. B, §20 (NEW)
.]
6. Excess marijuana; forfeiture.
A person who possesses marijuana in excess of the limits provided in section 2423‐A and rules adopted under that section must forfeit the excess amounts to a law enforcement officer. The law enforcement officer is authorized to remove all excess marijuana seedlings, marijuana plants and prepared marijuana in order to catalog the amount of excess marijuana. Possession of marijuana in excess of the limits provided in section 2423‐A and rules adopted under that section is a violation as follows:
A person who possesses marijuana in excess of the limits provided in section 2423‐A and rules adopted under that section must forfeit the excess amounts to a law enforcement officer. The law enforcement officer is authorized to remove all excess marijuana seedlings, marijuana plants and prepared marijuana in order to catalog the amount of excess marijuana. Possession of marijuana in excess of the limits provided in section 2423‐A and rules adopted under that section is a violation as follows:
A. Possession of prepared marijuana in an excess amount up to 2 1/2 ounces is a violation of section 2383; and
[2011, c. 407, Pt. B, §20 (NEW).]
B. Possession of marijuana in an excess amount over 2 1/2 ounces is a violation of Title 17‐A, chapter 45.
[2011, c. 407, Pt. B, §20 (NEW).] [
2011, c. 407, Pt. B, §20 (NEW)
.]
7. Repeat forfeiture.
If a cardholder has previously forfeited excess marijuana pursuant to subsection 6 and a subsequent forfeiture occurs, the department shall revoke the registry identification card of the cardholder and the entire amount of marijuana seedlings, marijuana plants and prepared marijuana must be forfeited to a law enforcement officer. The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‐A.
If a cardholder has previously forfeited excess marijuana pursuant to subsection 6 and a subsequent forfeiture occurs, the department shall revoke the registry identification card of the cardholder and the entire amount of marijuana seedlings, marijuana plants and prepared marijuana must be forfeited to a law enforcement officer. The department shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‐A.
[
2011, c. 407, Pt. B, §20 (NEW)
.]
8. Defense for possession of excess marijuana.
Except as provided in section 2426, a qualifying patient may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana possession and may present evidence in court that the patient's necessary medical use or cultivation circumstances warranted exceeding the amount of marijuana allowed under section 2423‐A and was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.
Except as provided in section 2426, a qualifying patient may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana possession and may present evidence in court that the patient's necessary medical use or cultivation circumstances warranted exceeding the amount of marijuana allowed under section 2423‐A and was reasonably necessary to ensure the uninterrupted availability of marijuana for the purpose of treating or alleviating the patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.
[
2011, c. 407, Pt. B, §20 (NEW)
.] SECTION HISTORY
2009, c. 631, §25 (NEW).
2009, c. 631, §51 (AFF).
2011, c. 407, Pt. B, §20 (AMD)