Maine Medical Marijuana Laws 2014

Maine Marijuana Penalties

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Less than 2.5 oz.

Civil Violation

N/A

$600

2.5 oz. to 8 oz.

Misdemeanor

6 months

$1,000

8.5 oz. to 1 lb.

Misdemeanor

1 year

$2,000

1 lb. to 20 lbs.

Felony

5 years

$5,000

More than 20 lbs.

Felony

10 years

$20,000

Possession of a "usable amount" with proof of a physician's recommendation is not punishable.

Sale or Distribution

Less than 1 lb.

Misdemeanor

 1 year

$2,000

1 lb. to 20 lbs.

Felony

5 years

$5,000

20 lbs. or more

Felony

10 years

$20,000

To a minor or within 1000 feet of a school or school bus.

Felony

5 years

$5,000

Cultivation

5 plants or less

Misdemeanor

6 months

$1,000

5 plants to 99 plants

Misdemeanor

5 years

 $5,000

100 plants to 499 plants

Felony

5 years

$5,000

500 plants or more

Felony

10 years

$20,000

Hash & Concentrates

Possession

Class D Crime

1 year

$2,000

Trafficking

Class C Crime

5 years

$5,000

Trafficking (prior conviction, use of minor, other)

Class B Crime

10 years

$20,000

Paraphernalia

Possessing Paraphernalia

Civil Violation

N/A

$ 300

Selling Paraphernalia

Misdemeanor

6 months

$1,000

Sale to a Minor

Misdemeanor

1 year

$2,000

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Maine Medical Marijuana Facts
Maine Medical Marijuana Statistics and Marijuana Facts
Voters in Maine first approved medical marijuana in the state in 1999 with the passage of Ballot Question 2. This initiative, passed with 61% of the vote, removed state-level criminal penalties for marijuana possession for patients with a doctor’s recommendation. Patients or their caregivers were allowed to possess up to 2.5 ounces usable marijuana when the law was amended in 2002. Marijuana Facts and statistics for Maine are not available, however, for the period between 1999 and 2009 as Question 2 did not create a state registry or a dispensary system. When 59% of voters passed Ballot Question 5 (the Maine Medical Marijuana Act) in November of 2009 the state finally created a marijuana patients registry and began to develop a non-profit dispensary system. The initiative also expanded the number of qualifying conditions.
MAINE MEDICAL MARIJUANA FACTS 2011
• As of March 2011, there were 796 Patients in possession of a Maine Medical Marijuana Card according to the medical marijuana statistics of the Maine Department of Health. At the same time there were 310 applications still pending.
• 211 caregivers have been authorized, 27 are pending.
• 126 doctors have recommended medical marijuana in Maine since the new system was put into place.
• Maine marijuana patients are most heavily concentrated in Cumberland, Kennebec and York counties.
• Over 60% of doctors who have recommended medical marijuana in Maine specialize in family practice. Internal medicine specialists are a distant second at roughly 15% of the total.
• Very few dispensaries are available for marijuana patients, in fact only 3 have been authorized so far: Maine Organic Therapy, Remedy Compassion Center and Safe Alternatives. Another 5 are pending
• As of March 2011, $211,176 had been spent by the state to set up and manage the medical marijuana program.
MEDICAL MARIJUANA FACTS AND STATISTICS: PATIENTS BY COUNTY 
County
Number of Patients
Androscoggin
56
Aroostook
19
Cumberland
136
Franklin
36
Hancock
17
Kennebec
162
Knox
22
Lincoln
31
Oxford
57
Penobscot
45
Piscataquis
3
Sagadahoc
37
Somerset
51
Waldo
20
Washington
22
York
88
MEDICAL MARIJUANA FACTS AND STATISTICS: DOCTOR DISTRIBUTION 
Specialization
Number of Doctors
Internal Medicine
20
Family Practice
75
General Practice
3
Physical Medicine
3
Neurology
9
Pain
2
Hematology
5
Proctology
1
Rheumatology
2
Gastroenterology
3
Ophthalmology
1
Oncology
2

 

Maine Medical Marijuana Card
***SEPTEMBER 28, 2011 UPDATE: MMMP REGISTRY IS NOW VOLUNTARY***   
• Patient registration with the Department is voluntary as of September 28, 2011.  
• A patient is not required to pay a fee to voluntarily register for a registry ID card.  
• Application forms are available at http://www.maine.gov/dhhs/dlrs/index.shtml
• When patients voluntarily register with the Department, they attach a copy of their physician certification form to their application for a registry identification card.  No medical information about the patient is included on the physician certification form. 
• The patient may either cultivate marijuana or designate a caregiver or dispensary to cultivate marijuana.
• The registry ID card and the physician certification form expire on the same date. The expiration date is determined by the physician.
MAINE MEDICAL MARIJUANA CARD
Question 5 was approved by 59% of voters on November 3, 2009, which establishes a confidential medical marijuana patient registry and identification card system according to Maine medical marijuana laws. This means that patients in Maine must register with the Department of Health and Human Services to receive a medical marijuana card in order to receive the protections of Maine’s Medical Marijuana laws. The first step in doing so is to obtain a medical marijuana recommendation from a physician licensed in the state of Maine. Find a medical marijuana doctor in Maine here.
HOW TO OBTAIN A MEDICAL MARIJUANA CARD IN MAINE
If you choose to register, the application form must be completed and signed by the patient or the patient’s parent or legal guardian. There is no fee for a qualified patient to register. If you choose to obtain marijuana from a caregiver or dispensary, you can find the department-approved designation form at http://www.maine.gov/dhhs/dlrs/mmm/index.shtml. Who will grow for the patient is entirely the decision of the patient. 
MMMP Application Form - Section 1
• You must attach a copy of your physician certification form to your application, as follows:
1. A patient cannot complete the physician certification form.
2. The physician certification form must be completed by a physician who has a bona fide patient-physician relationship with you.
3. The physician shall give you the completed signed and dated original certification form printed on tamper resistant paper.
4. Please note that the physician shall determine the expiration date of your certification. The physician can use a period of 12 months or less, based upon his or her professional judgment.
• You must attach a copy of your Maine driver’s license to your application. If there is no driver’s license, another Maine-issued photo identification card is required. No photo identification card is required for a hospice patient or a nursing home resident.
MMMP Application Form - Section 2
• This section must be completed if the patient is a minor, or an adult with a court-appointed guardian or a durable power of attorney. This section identifies the legally responsible adult for a minor or person under guardianship or durable power of attorney.
• Copies of guardianship or durable powers of attorney must be attached to the application.
MMMP Application Form - Section 3
• You must sign and date this patient declaration. Read it carefully.
• You must send the completed application with required attachments to:
Division of Licensing and Regulatory Services
Department of Health and Human Services
ATTN: Maine Medical Use of Marijuana Program
11 State House Station
41 Anthony Avenue, 2nd Floor
Augusta, ME 04333
• Please contact the Department of Health and Human Services, Maine Medical Use of Marijuana Program with any questions concerning the application at dlrsmmp.dhhs@maine.gov or (207) 287-9300.
 
RELATED MMMP FORMS AND INFORMATION
• MMMP - Patient Instructions
• MMMP - Patient Application Form
• MMMP - Caregiver Instructions
• MMMP - Caregiver Application Form
• MMMP - Physician Certification
• MMMP - Designation Form (Caregiver or Dispensary)
• MMMP - Change of Information Form
• MMMP - Overview of 9/28/11 Changes


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Maine Medical Marijuana Laws
FULL TEXT OF MAINE'S MARIJUNA LAW - TITLE 22, SECTION 2383-B, SUBSECTION 5
Medical use of marijuana; exemptions. The following provisions govern the medical use of marijuana.
A. Notwithstanding any other provision of law, a person who is at least 18 years of age may lawfully possess a usable amount of marijuana for medical use if, at the time of that possession, the person has available an authenticated copy of a medical record or other written documentation from a physician, demonstrating that:
(1) The person has been diagnosed by a physician as suffering from one or more of the following conditions:
(a) Persistent nausea, vomiting, wasting syndrome or loss of appetite as a result of:
(i) Acquired immune deficiency syndrome or the treatment thereof; or
(ii) Chemotherapy or radiation therapy used to treat cancer;
(b) Persistent nausea, vomiting, wasting syndrome or loss of appetite as a result of:
(c) Heightened intraocular pressure as a result of glaucoma;
(d) Seizures associated with a chronic, debilitating disease, such as epilepsy; or
(e) Persistent muscle spasms associated with a chronic, debilitating disease, such as multiple sclerosis;
(2) A physician, in the context of a bona fide physician-patient relationship with the person:
(a) Has discussed with the person the possible health risks and therapeutic or palliative benefits of the medical use of marijuana to relieve pain or alleviate symptoms of the person's condition, based on information known to the physician, including, but not limited to, clinical studies or anecdotal evidence reported in medical literature or observations or information concerning the use of marijuana by other patients with the same or similar conditions;
(b) Has provided the person with the physician's professional opinion concerning the possible balance of risks and benefits of the medical use of marijuana to relieve pain or alleviate symptoms in the person's particular case; and
(c) Has advised the person, on the basis of the physician's knowledge of the person's medical history and condition, that the person might benefit from the medical use of marijuana to relieve pain or alleviate symptoms of the person's condition;
(3) The person has disclosed to the physician that person's medical use of marijuana; and
(4) The person is under the continuing care of the physician. [IB 1999, c. 1, §10 (new).]
 
B. A person under 18 years of age may lawfully possess a usable amount of marijuana for medical use if:
(1) The person meets the requirements of paragraph A, subparagraphs (1) to (4); and
(2) The person:
(a) Has available a signed written authorization from that person's parent or legal guardian consenting to that person's medical use of marijuana; or
(b) Is a minor who is entitled to give consent to all medical and other health care services pursuant to Title 22, section 1503. [IB 1999, c. 1, §10 (new).] 
C. Notwithstanding any other provision of law, a designated care giver may lawfully possess a usable amount of marijuana for medical use by an eligible patient if the designated care giver is acting within the scope of the designated care giver's duties to the eligible patient. [IB 1999, c. 1, §10 (new).]
D. The fact that a person produces documentation described in paragraph A does not constitute a waiver of the physician-patient privilege in any other respect. [IB 1999, c. 1, §10 (new).]
E. A physician who, in the context of a bona fide physician-patient relationship, advises a patient that the patient might benefit from the medical use of marijuana may not be deemed to have violated any provision of Title 32, section 2591-A, subsection 2 or section 3282-A, subsection 2. [IB 1999, c. 1, §10 (new).]
F. Notwithstanding the provisions of paragraph A, medical use of marijuana by an eligible patient is not authorized by this section if such use occurs in a public place or in a workplace where such use is not permitted. [IB 1999, c. 1, §10 (new).]
[IB 1999, c. 1, §10 (new).]
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Maine Medical Marijuana Qualification
Who Qualifies for Medicinal Marijuana in Maine
On November 2, 1999, 61% of Maine voters approved Question 2, which removes state-level criminal penalties on the use, possession and cultivation of medical marijuana (also referred to as medical weed, medical pot or medical cannabis) by patients who possess a recommendation from their physician. The law did not initially establish a state-run patient registry nor give any guidelines for dispensaries. However, Question 5, which was approved by 59% of voters on November 3, 2009, establishes a confidential patient registry and medical marijuana card system, and licenses nonprofit organizations to provide medical marijuana to qualified patients. 
Read the full text of the Maine Medical Marijuana Act here.
HOW TO BECOME A MEDICAL MARIJUANA PATIENT IN MAINE
1. Must be a resident of Maine with a valid Maine I.D. as proof of residency. If you do not have a Maine I.D. an out of state I.D., passport, or other photo I.D. with proof of residency such as bank statement, utility bill, etc is acceptable.
2. You must obtain legitimate medical records or documentation from your primary care physician describing their diagnosis and bring these records with you to your marijuana evaluation appointment. Learn how to request your medical records.
3. Obtain an authenticated, written certification from a physician licensed in the state of Maine, with whom you maintain a bona fide relationship stating that you might benefit from the medical use of marijuana. This must be printed on tamper-proof paper. Find a medical marijuana doctor in Maine here.
4. Register with the Maine Medical Use of Marijuana Program to receive a registry id card, known as a medical marijuana card. Note: As of September 28, 2011 this registry program is strictly optional.
WHICH AILMENTS CAN BE TREATED WITH MEDICAL CANNABIS IN MAINE
Patients in Maine diagnosed with the following illnesses are afforded legal protection under the Maine Medical Marijuana Act:
• Cancer, Glaucoma, HIV/AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig’s Disease), Crohn's disease, agitation of Alzheimer's disease, nail-patella syndrome or the treatment of these conditions;
• 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;
• 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 those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn's disease
MEDICAL MARIJUANA ACCESS
Some medical marijuana patients will claim they have a doctor's prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, medical marijuana physicians will supply patients with a medical marijuana recommendation in compliance with state law.
 According to Maine medical marijuana law, patients and their caregivers may grow medical marijuana for the patient's private use and may possess 2.5 ounces and six plants, three of which may be mature. The Maine Department of Health and Human Services is currently in the process of establishing 8 non-profit dispensaries, where patients and caregivers will be able to purchase medical marijuana. These dispensaries are expected to open in 2011.
HOW TO CONTACT THE MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES
Mailing Address: ?Department of Health and Human Services ?221 State Street ?Augusta, ME 04333??Phone: ?207-287-3707?Fax:     ?207-287-3005?TTY:     ?800-606-0215
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Maine Medical Marijuana
Maine Medical Marijuana Laws, Maine Medical Marijuana Qualifications and General Maine Marijuana Information
The State of Maine has a legalized medical marijuana program, which allows legal medical marijuana patients to receive a marijuana recommendation from a certified physician, apply for a State-issued Maine Medical Marijuana ID Card, and grow and/or purchase marijuana for medicinal use per state guidelines. We have compiled the following index of medical marijuana information in Maine to serve as a legal library to our users for legal reference of Maine's laws and guidelines regarding Medical Cannabis.
Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Maine's medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under "legal states".
Since the Maine medical marijuana program is still changing their laws and new Maine medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Maine medical marijuana program.
Please click a corresponding link to find out more about your Maine's Medical Marijuana Program.
MAINE QUALIFICATION
Find out Who Qualifies for Marijuana in Maine in our definitive guide of Maine's qualification guidelines. Read up on medical conditions that are covered under Maine's medical marijuana program, age restrictions, criminal conviction restrictions, and more.
MAINE MEDICAL MARIJUANA LAWS
Read Maine's Full Medical Marijuana Laws to gain full specific knowledge of Maine's exact legal guidelines without interpretation. We suggest that you print Maine's Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into Maine's laws for his knowledge.
MAINE MEDICAL MARIJUANA CARD
Find out how to obtain a{n} Maine Medical Marijuana Card with our guide to Maine's state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know Maine's requirements.


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