10-144-122 Me. Code R. § 1 : DEPARTMENT OF HEALTH AND HUMAN SERVICES — DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL — Rules Governing the Maine Medical Use of Marijuana Program —122-1 - DEFINITIONS

As used in these rules, unless the context otherwise indicates, the following terms have the following meanings.

1.1 RESERVED.

1.2 Act. Act means the Maine Medical Use of Marijuana Act.

1.3 Adulterated. For the purposes of these rules, adulterated means made impure or inferior by adding extraneous ingredients. Goods that are prepared in food establishments that are licensed facilities pursuant to 22 Maine Revised Statutes § 2167 and that contain marijuana for medical use by a qualifying patient are not considered to be adulterated.

1.4 Applicant. Applicant means any person applying for a registry identification card to participate in the Maine Medical Use of Marijuana Program, hereinafter MMMP.

1.5 Cardholder. Cardholder means a registered patient, a registered primary caregiver or a principal officer, board member, or employee of a registered dispensary who has been issued and possesses a valid registry identification card.

1.6 Collective. Collective means an association, cooperative, affiliation or group of primary caregivers who physically assist each other in the act of cultivation, processing or distribution of marijuana for medical use for the benefit of the members of the collective. See 22 M.R.S.A. §2422(1-A)

1.7 Debilitating medical condition. Debilitating medical condition means a chronic or debilitating disease, medical condition or symptom listed in these rules that qualifies for the medical use of marijuana by a qualifying patient.

1.8 Deficiency. Deficiency means a violation of or failure to comply with a provision of these rules.

1.9 Department. Department means the Department of Health and Human Services (DHHS or department).

1.9-A Dispensary. Dispensary means "registered dispensary," as defined in Section 1.33 of these rules.

1.10 Disqualifying drug offense. Disqualifying drug offense means a conviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year or more. It does not include:

1.10.1 An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed 10 or more years earlier; or

1.10.2 An offense that consisted of conduct that would have been permitted under these rules.

1.11 Division. Division means the Division of Licensing and Regulatory Services (DLRS or division).

1.12 Enclosed, locked facility and enclosed outdoor area. Enclosed, locked facility means a closet, room, building, greenhouse or other enclosed area that is equipped with locks or other security devices that permit access only by the individual authorized to cultivate the marijuana. See 22 M.R.S.A. §2422(3).

1.13 Final agency action. Final agency action means a decision by DHHS which affects the legal rights, duties or privileges of specific persons, which is dispositive of all issues, legal and factual, and for which no further recourse, appeal or review is provided within DHHS. See 5 M.R.S.A. §8002(4).

1.14 Food establishment. For the purposes of these rules, food establishment includes a primary caregiver or a registered dispensary that prepares goods containing marijuana for medical use by a qualifying patient. See 22 M.R.S.A. §2152(4-A).

1.15 RESERVED

1.16 Intractable pain. For the purposes of these rules, intractable pain means pain that has not responded to ordinary medical or surgical measures for more than 6 months.

1.17 Marijuana. Marijuana means the leaves, stems, flowers and seeds of all species of the plant genus cannabis, whether growing or not. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake or sterilized seed of the plant which is incapable of germination.

1.17.1 Allowable usable amount of marijuana for medical use. The allowable usable amount of marijuana for medical use that may be possessed at any one time by an authorized person means 2 ½ ounces or less of prepared marijuana and a total of up to 6 mature marijuana plants.

1.17.2 Incidental amount of marijuana. Incidental amount of marijuana per patient means up to 12 female nonflowering marijuana plants; an unlimited amount of marijuana seedlings, seeds, stalks and roots; and up to eight (8) pounds of harvested dried unprepared marijuana in varying stages of processing that are not included when calculating the "allowable useable amount of marijuana." See 22 M.R.S.A. §2422(4-A).

1.17.3 Mature marijuana plant. Mature marijuana plant means a harvestable female marijuana plant that is flowering. See 22 M.R.S.A. §2422(4-B).

1.17.4 Prepared marijuana. Prepared marijuana means the dried leaves and flowers of the marijuana plant that require no further processing, and any mixture or preparation of those dried leaves and flowers, including but not limited to tinctures, ointments, and other preparations. It does not include the seeds, stalks, leaves that are disposed of and not dried for use and roots of the marijuana or other ingredients in goods prepared for human consumption or use.

1.17.5 Seedling. Seedling means a marijuana plant that has no flowers (buds), is less than 12 inches in height and diameter. A plant that does not meet all three criteria will not be considered a seedling.

1.17.6 Tincture. For the purposes of these rules, tincture means a mixture created from a concentrated extract of marijuana.

1.17.7 Topical treatment. Topical treatment means a mixture or extract of marijuana made into a balm, lotion, ointment or rubbing alcohol solution, that is applied transcutaneously.

1.18 RESERVED

1.19 RESERVED

1.20 RESERVED

1.21 RESERVED

1.22 RESERVED

1.23 Medical use. Medical use means the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition.

1.24 Member of the family. Member of the family means a person who is a spouse, domestic partner, child, sibling, aunt, uncle, niece, nephew, parent, stepparent, grandparent or grandchild of another person. Member of the family includes a person living with a person as a spouse and a natural parent of a child of a person . See 22 M.R.S.A. §2422(5-A).

1.25 Members of the same household. Members of the same household means 2 or more people who share a dwelling unit. See 22 M.R.S.A. §2422(5-B).

1.26 Organic. Organic means certified by an accredited organic certifier in the State of Maine as being in compliance with the United States Department of Agriculture certification requirements applying to organic products.

1.27 Paraphernalia. For the purpose of these rules, paraphernalia is limited to equipment, products and materials that are ordinarily used in planting, propagating, cultivating, growing, harvesting, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body. It includes:

1.27.1 Kits used or intended for use in the planting, propagating, cultivating, growing or harvesting of any species of marijuana;

1.27.2 Isomerization devices used or intended for use in increasing the potency of any species of the marijuana plant;

1.27.3 Testing equipment used or intended for use in identifying or in analyzing the strength, effectiveness or purity of marijuana;

1.27.4 Scales and balances used or intended for use in weighing or measuring marijuana;

1.27.5 Separation gins and sifters, used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

1.27.6 Envelopes and other containers used or intended for use in packaging small quantities of marijuana for medical use;

1.27.7 Containers and other objects used or intended for use in storing medical marijuana; and

1.27.8 Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana into the human body, including but not limited to:

1.27.8.1 Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

1.27.8.2 Water pipes;

1.27.8.3 Carburetion tubes and devices;

1.27.8.4 Smoking and carburetion masks;

1.27.8.5 Roach clips, meaning objects used to hold burning marijuana cigarettes that have become too small or too short to be held in the hand;

1.27.8.6 Chamber pipes;

1.27.8.7 Carburetor pipes;

1.27.8.8 Electric pipes;

1.27.8.9 Air-driven pipes;

1.27.8.10 Chillums;

1.27.8.11 Bongs designed for marijuana and not for cocaine; or

1.27.8.12 Ice pipes or chillers.

1.28 Physician. Physician means a person licensed as an osteopathic physician by the Board of Osteopathic Licensure pursuant to 32 M.R.S.A. Chapter 36 or a person licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant 32 M.R.S.A. Chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs.

1.29 Physician's written certification. Physician's written certification or written certification means a document on tamper-resistant paper signed and dated by a physician that expires in one year. The expiration date is included on the issued written certification. The physician's written certification must state that in the physician's professional opinion a patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition.

1.30 Prepared marijuana. Prepared marijuana means the dried leaves and flowers of the marijuana plant that require no further processing, and any mixture or preparation of those dried leaves and flowers, including but not limited to tinctures, ointments, and other preparations. It does not include the seeds, stalks, leaves that are disposed of and not dried for use and roots of the marijuana or other ingredients in goods prepared for human consumption or use.

1.31 Primary caregiver. Primary caregiver means a person who is designated by a qualifying patient to assist the qualifying patient with the medical use of marijuana in accordance with these rules. Qualifying patients include non-registered and voluntarily registered patients. A person who is a primary caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense. See 22 M.R.S.A. §2422(8-A).

1.31.1 Primary caregiver also means a hospice provider licensed under chapter 1681 or a nursing facility licensed under chapter 405 that is designated by a registered patient as a primary caregiver to assist the registered patient with the medical use of marijuana in accordance with these rules.

1.32 Qualifying patient. Qualifying patient or patient means a person who has been diagnosed by a physician as having a debilitating medical condition and who possesses a valid physician's written certification authorizing the medical use of marijuana in accordance with these rules. See 22 M.R.S.A. §2422(9).

1.33 Registered dispensary. Registered dispensary or dispensary means a not-for-profit entity registered pursuant to Section 6 of these rules that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses marijuana, paraphernalia or related supplies and educational materials to qualifying patients and the primary caregivers of those patients.

1.34 Registered patient. Registered patient means a qualifying patient who is registered by the department pursuant to Section 4 of these rules.

1.35 Registered primary caregiver. Registered primary caregiver means a primary caregiver who is registered by the department pursuant to Section 5 of these rules. See 22 M.R.S.A. §2422(11).

1.36 Registry identification card. Registry identification card means a document issued by the department that identifies a person as a registered patient, registered primary caregiver, or a principal officer, board member, or employee of a registered dispensary.

1.37 RESERVED.

1.38 Tamper-resistant paper. Tamper-resistant paper means paper that possesses an industry-recognized feature that prevents copying of the paper, erasure or modification of information on the paper and the use of counterfeit documentation. See 22 M.R.S.A. §2422(13-A).

1.39 RESERVED

1.40 RESERVED

1.41 Visiting qualifying patient. Visiting qualifying patient means a patient with a debilitating medical condition who is not a resident of Maine or who has been a resident of Maine less than 30 days who is qualified by another jurisdiction for the medical use of marijuana.

10-144 C.M.R. ch. 122, § 1