[p0opstlnksal0t]

Some pretty substantial changes!

https://mmcm-online.org/index.php/new...anges-overview

The Department may/must-

• Take action necessary to ensure compliance.

• Request specific documents as proof of authorized conduct

o Patients must have photo ID and written cert

o Registered caregiver must have photo ID, registry ID card and designation card and designation form- up to maximum 5 cards and active patients; and trip tickets if transporting

o A primary caregiver employee or principal officer, board member or employee of a registered dispensary must have registry ID card

o Non-registered caregiver must have designation card and designation form- up to maximum 5

• Initiate an onsite assessment, which may include an interview, a paper review, and an inspection of premises hosting authorized conduct, to ensure compliance of an individual who engages in authorized conduct authorized prior to issuing a registry identification card, as a routine review, in response to an allegation of non-compliance or as part of a plan of correction.

• Conduct an inspection where the focus can be on

o Verifying information submitted in an application;

o Reviewing records for all required documents, including, but not limited to designation forms, registration, and licenses, labeling and employee records, as applicable;

o Conducting interviews; inspecting areas used for authorized conduct to ensure any marijuana, including plants, usable marijuana and incidental marijuana cultivated for medical use, is within the specified limit and is identifiable and maintained as required;

o Taking samples of marijuana cultivated for medical use and products containing marijuana for medical use; and

o Assessing conduct for compliance with the rule and statute.

• Take remedial action for non-compliance which may include directed corrective action; suspension, revocation and denial of a registry identification card or registration certificate, as specified; civil penalties; and referral the conduct is outside the scope of MMMP, is not appropriate for agency directed corrective action, or has not been rectified through correction action.

• Request entry to inspect a dispensary or registered caregiver without notification.

o Upon refusal, may refer to law enforcement when compliance cannot be determined

o If denied entry by a cardholder, take action to revoke the registry identification card or dispensary registration certificate.

• Consider failing to comply with assessment process/inspection a violation of the rule

• Refer to other if the conduct is outside the scope of MMMP, is not appropriate for agency directed corrective action, or has not been rectified through correction action.

• Suspend a dispensary certificate on an emergency basis

• Report medical provider to licensing boards, regarding the inappropriate evaluation or treatment of a patient’s medical condition or a reported alleged violation of the applicable standard of care, or when determined non-compliant

• Take samples, photographs or electronic copies may be taken during an on-site assessment to determine compliance.

• Provide technical assistance during an inspection or move to a progressive enforcement action (fines or penalties, required plan of correction, registration denial or revocation, and referral to law enforcement) if compliance cannot be determined when conducting an on-site assessment, or when a finding of non-compliance is not resolved through technical assistance provided on-site or through other remedial action.

• Request a plan of correction which must include action steps to correct any finding, violation or deficiency noted by the Department in the notice of non-compliance; specific deadlines for each corrective action step; and steps to reduce potential future violation.

• Issue a directed plan of correction

• Determine a registry identification card applicant ineligible if the applicant has failed to demonstrate compliance with this rule and the statute; and the applicant is/will be using a location for authorized conduct where such conduct is prohibited by the host municipality’s local codes and ordinances.

The Department may/must-

• Take action necessary to ensure compliance.

• Document reports of non-compliance that result in an on-site assessment

• Provide at least 24 hours as notification if entering to inspect areas within the residence of a person not required to register.

• Show proof of identity when requesting entry and prior to inspecting, provide the written reason for the on-site assessment and take measures to reduce potential disruption and contamination to area during and inspection

• Maintain chain-of-custody and provide receipt for samples collected

• Issue notice of non-compliance that is to include appeal rights

• Issue written notice of denial or revocation of card which must include reason for action and section of rule or statute, date action takes effect and the right to appeal.

• Person received notice when the person signs for receipt or 3 days after Dept mailed 1st class to last known address

• Seek a district court order terminating a dispensary registration certificate or seek emergency suspension.

• Enforce date of revocation as being 3 days after written notice is mailed first class

• Provide the subject of an on-site assessment report within 30 days and indicate whether any violation was identified and, if corrective action was taken, and the action and its outcome. (No action required; finding of non-compliance; immediate action against dispensary certificate)

MMJ Cardholders/Participants may/must-

• Possess amounts of marijuana up to the limits specified in the statue (as a patient and on behalf of a patient possess up to 2 ½ ounces of prepared marijuana, 6 mature plants, 12 non-flowering, unlimited seedlings and 8 lbs of unprocessed/incidental)

• As a patient, designate one source to cultivate on their behalf, and also cultivate within limit

• Share a cultivation location if the caregivers are family or household members and there is only two caregivers (22 MRS §2423-A (1)(B) and (3)(D).)

• Share a cultivation location if the patients are family or household members, and patient can share with more than two other patients

• Assist any patient who designates them- up to 5 current/valid designations for caregivers, and discontinue a designation by signing and dating designation form and returning designation card.

• Re-apply for a registry identification card after 30 days of revocation or denial if they can demonstrate compliance

• Prepare goods containing marijuana for a patient who is a member of the primary caregiver’s family or household and furnish that product to only that patient, without a food establishment license

• As a caregiver, rent separate, self-contained, locked and secured locations within a building and store cultivation-related materials in common area if they, as a caregiver, are not assisting another caregiver and marijuana is locked and secure.

• As a dispensary, report failed drug tests and may have a policy to specify that the reporting of the presence of marijuana for an employee who possesses a valid written certification is not required and the employee’s status as a qualifying patient is confidential.

• As a registered caregiver, employ one person to assist in caregiver-assigned duties, if personnel files is maintained and provide limited marijuana to dispensary approved for such transfer

• As a incapacitated adult or minor patient or patient who resides in nursing/hospice facility, designate a second primary caregiver

• As a dispensary, cultivate up to 30 plants outdoors

• Report total amount of marijuana on packaged goods

• Be inspected if they are a registry identification card applicant

MMJ Cardholders/Participants may/must

• Comply, to receive protection as an authorized person and to avoid progressive enforcement action.

• Forfeit excess to law enforcement

• Identify each plant and patient file with patient’s written certification number

• Report, at least annually, the total number of patients, with designation dates and patient’s certification unique identifier

• As a caregiver, report if a designation is not re-filled within 10 days unless the caregiver has 5 cards; and, as a dispensary, report patient count monthly.

• As a dispensary, request approval to acquire prepared marijuana from a registered caregiver

• Maintain records for tax purposes (sales records) and personnel files

• Report cultivation location

• Obtain food establishment license if preparing and furnishing goods containing marijuana to patient who are not family or household members.

• Pay specified testing fees for required testing of samples collected by the Department

[Gry]

Just heard via bradcast that the gov has stated he will prevent both cannabis and medicaid expansion.

[p0opstlnksal0t]

Originally Posted by Gry

Just heard via bradcast that the gov has stated he will prevent both cannabis and medicaid expansion.

"Give me the money and I will enforce the referendum," LePage said. Unless the Legislature fully funds the expansion — without raising taxes or using the state's rainy day fund — he said he will not implement it.

LePage has long been a staunch opponent of Medicaid expansion. The Maine Legislature has passed bills to expand the insurance program five times since 2013, but the governor has vetoed each one.

hrm interesting! i know he recently vetoed the recreational law but that was a shit law so im glad that happened.

[p0opstlnksal0t]

it looks like these rule changes are still up for debate/new bill in 2019.... I found this link:

https://www.maine.gov/dhhs/mecdc/rule...lyAdoptedRules

Concise Summary: This rule is effective February 1, 2018. The adopted rule implements changes enacted by the 126th and 127th Legislature, removes language that duplicates statutes, corrects grammatical errors, outdated language and inconsistencies, and provides clarification regarding the Department’s policies and practices specific to regulating the cultivation, dispensing and possession of marijuana for medical use. Changes establish the following: new terms and definitions; a system to monitor and enforce compliance actions; and requirements for registry identification card applications, patient designations, written certifications, including medical provider-patient relationship, and reporting and record-keeping by caregivers and dispensaries. The adopted rule prohibits a visiting patient from cultivating marijuana for medical use, requires Department-approval to acquire excess marijuana, and requires medical provider endorsement to petition to add to the list of debilitating conditions. Additionally, the adopted rule removes the provision requiring the identification of an authorized person to be held by the caregiver or dispensary while the person is in the cultivation area, permits a medical provider to proceed with certifying a minor patient in the absence of a list of consulting physicians and requires nursing facilities that assist qualifying patient to have policies related to the storage, use and administration of marijuana for medical use. Changes clarify what constitutes a “collective” and update application fees to be consistent with current practice.

[p0opstlnksal0t]

Apparently Feb 2018 the new rules go in effect...

This mean all patients and caregivers are at the mercy of dhhs home invasion/inspections anytime anywhere.

Trip tickets must be filled out for transporting medical cannabis.

A lot more goodies in this new rule change. I bet there will be a lot less caregivers and patients out there soon

[p0opstlnksal0t]

No-Notice Patient and Caregiver Inspections.

- Patients, caregivers, and all other cardholders will be subject to DHHS requests for
evidence of compliance, and to routine or complaint-based inspections of premises
and records.
- Application or renewal for a registration card constitutes permission for an inspection
of any area under a caregiver’s ownership or control used for cultivation, storage,
preparation, processing, or furnishing of medical marijuana.
- NO notice is required prior to an inspection, even when the inspected site is located
in a residence.
o Exceptions:
 24 hours’ notice is required for inspections of parties not required to
register (e.g., patients, and caregivers serving only family or household
member patients).
 24 hours’ notice is required for inspections of hospice and nursing
facilities registered as caregivers.
- Failure to comply with requests for evidence or inspection can lead to:
o directed corrective action;
o suspension, revocation and denial of a registry identification card or
registration certificate;
o civil penalties; and
o referral to the appropriate agency, department or entity if the conduct is
determined to be outside the scope of MMMP, is not appropriate for agency
directed corrective action, or has not been rectified through correction action
- Refusal to allow inspectors entry can result in direct referral to law enforcement,
and/or revocation of registration cards.
- Inspectors must provide a written reason for inspection.
- Inspectors will take “take measures to reduce potential disruption and contamination
to the cultivation area” during an inspection.
- A report will be issued within 30 days of inspection finding compliance or non-
compliance, and may request a “plan of correction” for any noncompliance, and documenting justification for any suspension or revocation.

[Weird]

Originally Posted by p0opstlnksal0t

Apparently Feb 2018 the new rules go in effect...

This mean all patients and caregivers are at the mercy of dhhs home invasion/inspections anytime anywhere.

Trip tickets must be filled out for transporting medical cannabis.

A lot more goodies in this new rule change. I bet there will be a lot less caregivers and patients out there soon

before legality came to pass I warned of this dystopian future and boy did I get ridden for being paranoid and against legalization

[stasis]

Ungainly laws mean more people will go back to // Remain Black Market. Such as myself. Maine loves Her laws, and fees. Like no other state I have been in.

[Mr Blah]

Every department associated with this is putting there hands deeper in the pockets.
I take this as the state trying to thin out the wanna bee's.
You hit it right on the head though, stasis...gonna push a lot of people back to the underground.

But most of us saw this coming, just more clipboards.

They say you'll need to have trip tickets but as you travel and complete the trip, if no one pulls you over or anything than there is no rule saying you have to keep the record either.
There is also no standard of such a form or any forms they are wanting....SO..to each your own, right now you can (or a lawyer) can take this and interpret it the way you see it, and it is OK.

[KONY]

No reason to renew medical caregiver cards now that they removed the needing to be a caregiver for 2 years and replaced it with just needing to be a resident for 2 years for rec permits.