Maine Caregiver Laws are as follows (Updated 6.13.207) and will be updated again after the public hearing in Augusta on the 15th.
Almost 3,000 Maine Care Givers are presently in business in Maine, up from around 750 in 2011.
A Maine Licensed primary caregiver may assist a medical marijuana patient with the use of marijuana and/or cultivate marijuana for a qualified patient. Furthermore, Individuals, hospice care providers, and nursing home employees may become caregivers.
Requirements
- Caregivers must be 21 years old and not have a conviction for a “disqualifying drug offense”, this is defined as a violation of state or federal laws pertaining to controlled substances that is punishable by one year or more in prison (i.e. felony in most states).
- However, even if you have been convicted of a felony drug offense, you may still be able to be a caregiver. If the conviction was for possessing or cultivating marijuana or if you completed your sentence (including all incarceration, parole, or probation) at least 10 years ago, you can receive a caregiver’s license.
Forms & Fees
- Whether you are a cultivating or non-cultivating caregiver, you must send a completed Caregiver Application, a copy your Maine-issued photo i.d. or driver’s license, and a check or money order for the amount due to the MMMP in Augusta.
- Cultivating caregivers must pay $300 per patient (maximum of 5 patients per caregiver), plus $31 for a background check. A cultivator may also have one person named as an employee. Caregivers must provide a copy of the employee’s photo i.d. and include $31 for the employee’s background check.
- Non-cultivating caregivers only have to pay $31 for the background check. There is no charge for a non-cultivating caregiver to receive the registry i.d. card.
Non-Cultivating Caregiver Rights
- You may assist no more than 5 qualified patients with marijuana use. Each patient officially designate you as their primary caregiver using the Designation Form.
- You may possess up to 2.5 ounces of prepared marijuana per qualified patient, as well as incidental amounts and paraphernalia.
- You are able to prepare edible marijuana products for your patients, but you may need to provide proof you have met the state requirements necessary to run a food establishment. See Maine Law Title 22, Ch 551, 1 ,§2152, 4-A for more information.
- You may receive a reasonable amount of money for your time and expenses.
Cultivating Caregiver Rights
- Marijuana/Cannabis may be grown for up to 5 qualified patients who have officially designated you as their primary caregiver using the Designation Form.
- You may possess up to 6 female flowering plants per patient. It’s also good idea to label each plant with your patient’s name and preferably a number that will correspond to each patient, to ensure privacy.
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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 or Clone.
- You can obtain Cannabis Clones and Seedlings here: Maine Cannabis Clones
- You may also possess an unspecified “incidental” amount of marijuana seeds, stalks, stems, roots, nonflowering plants, and harvested buds in the drying or curing process.
- You may possess up to 2.5 ounces of prepared marijuana for each patient.
- All plants must be cultivated and kept in an enclosed, locked area that is only accessible by you and your designated employee, if applicable.
- You may transport plants or product to the patient’s property.
- You may receive a reasonable amount of money for your products.
- You must report sales taxes, so keep records of all transactions. Federal income taxes can be tricky. Marijuana is still illegal in the eyes of the feds, so your state licensed business may not eligible to deduct normal business expenses like rent and payroll. Tax deductions are most often denied to dispensaries, but caregivers must be aware of the issue as well.
More Resources;
Maine.gov information regarding the Maine Caregiver Laws: Maine.gov Maine Caregiver Laws
Maine CDC Proposed Laws: Maine CDC Proposed Laws
