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Guest 226076
i believe there is a law stating that they have to be enclosed in a green house or house.not in public veiw. i had mine iin a dog kennel locked up they didn't like it but found it acceptible.
A 10 ft gajna plant is sick...the thing is there's a way around here (small NE towns) where people lay low with their business. I don't see anything wrong with growing plants in the back yard in a cage or greenhouse. It's ridiculous that anyone can't do it freely for medical or recreational purposes.The thing is when people put up 10 each of "no tresspassing" and "beware of dog" signs on some piece of crap fence that they have to keep adding lattice to it draws a lot of negative attention. Maybe you want some growers that look/act like meth heads setting up shop in your community. I can just imaging these guys being responsible with fertilzer/pesticide/fungacide usage and disposal.
I've got a quick question, hoping someone could help me out. I know that RI does not approve cards for people with mental disorders (PDST, ADHD, ADD, etc.). Is this also the case in Maine? Thanks guys and gals.
Is that outdated?yes same here......
5/19/11
Is that outdated?
Currently wouldn't major depressive disorder and ptsd (given severe symptoms) qualify as "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"?
Even if unintentional that text includes major depressive disorder and ptsd by definition. You can demonstrate intractable pain all day with symptoms of serious depression like GI issues similar to that of chrons. Are the doctors now permitted to recognize that as qualifying?
i like that idea about selling them a "ziplock bag" for the money but the weed is free...can any lawyers clarify if that actually works?
Key Points on LD 1296
"An Act To Amend the Maine Medical Use of Marijuana Act To Protect Patient Privacy"
The new law is scheduled to go into effect in the last week of September, 2011.
Gains
1. Patients are no longer required to register with the Department of Health and Human Services, though the ID card issued through DHHS remains an option for people who want the additional security.
2. Caregivers who are providing for only one family or household member don't need to register.
3. Written certification from a person's doctor, which lasts for one year, returns as the legal proof required for a person to be a qualifying patient.
4. The Affirmative Defense, which was removed from Maine's medical marijuana law by LD1811 this last year, returns, allowing patients a legal defense in court if they are in possession of more than 2.5 ounces.
5. LD 1296 prohibits search, seizure, arrest, prosecution, or penalty of patients or caregivers who present a valid registration card or an up-to-date Doctor's recommendation.
6. DHHS will not collect list of people's medical conditions, and a doctor is not required to list a patient's condition on the recommendation.
7. Restores the decision of whether to make a recommendation to a patient under 18 to the person's doctor, if the person is in hospice care. Otherwise the doctor must get a second opinion from from a list of "consulting physicians" compiled by the DHHS. If the consulting physician does not respond within 10 days of receiving the request, the treating physician may provide written certification for treatment without consultation with another physician.
8. A local government may not adopt an ordinance that is duplicative of or more restrictive than the provisions of the law. An ordinance that violates the new law is void and of no effect.
9. New conditions can be added through Public petition process to the DHHS. The law previously required a board of specialists to be formed by the State in order to add conditions, but the board never formed.
10.Qualifying patients from other states can access medicine while in Maine if they have a written certification from their doctor, a valid medical marijuana certification from that other jurisdiction, and a photo ID or driver's license.
11.Two patients who are family members of the same household may share a growing facility.
12.Caregivers are no longer subject to DHHS inspection.
13.Registered caregivers are not required to share patient information with the DHHS to register.
14. Food preparation by a caregiver for a family or household member can be done in a home kitchen. There is no longer a requirement to get licensed as a "food establishment."
15. A patient can grow a portion of their allowed plants and also designate a dispensary or caregiver to grow the rest of the allowed amount.
16. Two primary caregivers who are members of the same family or household may share the same enclosed, locked facility.
Problems that need to be addressed:
- Ban on caregiver cooperatives.
- Unreasonably low plant limits.
- The new law allows a caregiver to give excess marijuana to a dispensary, but does not allow any reimbursement from the dispensary to the caregiver.
Rule Changes
The Department of Health and Human Services will be making rules in the coming months to reflect the changes in the law, and patients and caregivers are working to be involved in the rule change process. Issues that will likely be addressed through rulemaking:
- How many plants and how much plant matter are allowed under the definition "incidental amount"?
- What is the definition of "processed" vs. "non-processed" marijuana?
- What doctors are on the list of "consulting physicians" required by the DHHS for a second opinion in approval of a person under 18 becoming a qualifying patient?
- What will be the process be for Public petition to require DHHS to
initiate rulemaking for adding new medical conditions?
- Will the enclosed facility definition allow for outdoor growing in a fenced area? This law opened the door to allowing outdoor growing again, but it is not clear if this will be allowed under DHHS rules.
For more information or questions, contact MMCM at [email protected]
i like that idea about selling them a "ziplock bag" for the money but the weed is free...can any lawyers clarify if that actually works?
And yes,if you want to be left alone to do your own thing northern maine is where to go.Something like 2 state police for the whole of the" up county"area...Feals like alaSka,only with black bears instead of polar bears and moskitoes big enough to carry off a small child..Truely the land of paul bunyion and babe the blue ox.The place where tall tales are born