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Legislation

 

 

Bullet Points of 2017 Medical Marijuana Bill Put Forth by MMCM

Sponsored by Deb Sanderson and Eric Brakey
This bill:

1. Removes language of a “registered patient”. The removal of the term “registered patient is not intended to prevent voluntary registration by those who are not required to register.
2. Removes the definition for incidental amount of marijuana.
3. Adds definition for cannabis plant, clone, excess marijuana, harvested marijuana, immature plant, non-flowering, onsite assessment and seedling.
4. Amends definitions for inventory supply interruption to include provisions for a primary caregiver; enclosed locked, facility to clarify outdoor cultivation is permitted; members of the same household; and prepared marijuana.
5. Amends the qualifying condition of intractable pain to include pain that a medical provider determines is not managed effectively by prescription narcotics.
6. Allows a medical provider the discretion to issue a written certification for any medical condition that the physician believes may be alleviated by the patient using marijuana for medical use;
7. Removes the limit of dispensing no more than 2 ½ ounces of marijuana in a 15- day period to a qualifying patient who is a Maine resident. A visiting qualifying patient continues to be limited to no more than 2 ½ ounces of prepared marijuana during a 15 day period.
8. Allows a qualifying patient who is cultivating to furnish seeds and plants to another qualifying patient.
9. Permits a patient who is a minor, homebound or who requires assistance with the acquisition, preparation or administration of marijuana for medical use to designate more than one non-cultivating primary caregiver who may assist the patient.
10. Provides for an informal hearing process for a person aggrieved by the department’s enforcement action.
11. Prohibits a visiting qualifying patient from cultivating.
12. Permits primary caregiver designated to cultivate to furnish seeds and plants to an authorized person.
13. Increases the number of employees that a registered cultivating primary caregiver may employ. A primary caregiver designated to cultivate can employ one person per registry identification card.
14. Allows for authorized transfers of marijuana by a cultivating caregiver to for reasonable compensation.
15. Permits an authorized primary caregiver to dispose of excess marijuana by furnishing the marijuana to a designated primary caregiver in addition to a dispensary.
16. Requires a primary caregiver who is assisting more than two patients who are members of the primary caregiver’s household or family to register.

17. Increases the patient’s access to preferred primary caregivers by authorizes a cultivating primary caregiver to cultivate up to 6 mature per registry identification card, replacing the limit of 6 plants per patient for up to 5 patients with a limit of 6 plants per card for up to 5 registry identification cards. The maximum number of plants allowed for cultivation is unchanged.
18. Removes the limit of 2 ½ ounces plus 8 lbs of incidental marijuana and establishes the allowable amount of any form of harvested marijuana to be up to 8 pounds that may be possessed by an authorized person on behalf of a patient.
19. Establishes the allowable amount of marijuana to be up to 8 pounds per registry identification card for a registered designated primary caregiver, no more than 8 pounds per patient up to two patients for a primary caregiver not required to register, and 8 pounds per patient for a dispensary designated by a patient.
20. Establishes tracking and reporting requires for registered primary careigvers and dispensaries.
21. Permits the department to inspect all cultivation sites to assess compliance with this chapter.
22. Amends the requirement for a second physician to consult on a written certification for a minor qualifying patient to allow for the physician to provide a written certification if the consulting physician fails to respond within 3 business days or in the absence of a list maintained by the department.
23. Provides for the department to use its discretion in utilizing the program’s fund to reimburse families for the cost of the required consultation by a second physician.
24. Requires rulemaking to implement process to sanction a person in violation of the Act.
25. Extends immunity existing for dispensary employees, principal officers and board members to registered primary caregivers and primary caregiver employees.
26. Authorizes the department or remove marijuana determined to be in excess of allowable limits.
27. Requires consultation with a minimum of three medical professionals, prior to accepting or deny a petition to add a debilitating condition, one of whom may be selected by the petitioner.
28. Requires major substantive rulemaking for onsite inspections by the department to asses compliance.
29. Permits the department to establish a period of ineligibility for persons who have had authorizations denied or revoked.
Generated 10.13.2016
30. Requires the cardholder to notify the department when the information on the card issued by the department is inaccurate.
31. Establishes new fees for applications.
32. Adds a sanction for a person found to be in possession of a registry identification card issued to another person.

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