Maine

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Definitions:

§2422. Definitions
Caregiver. “Caregiver” means a person or an assistant of that person that provides care for a qualifying patient in accordance with section 2423-A, subsection 2.

Caregiver retail store. “Caregiver retail store” means a store that has attributes generally associated with retail stores, including, but not limited to, a fixed location, a sign, regular business hours, accessibility to the public and sales of goods or services directly to a consumer, and that is used by a registered caregiver to offer marijuana plants or harvested marijuana for sale to qualifying patients.

What is the difference between a dispensary and a caregiver retail store?

Until recently, dispensaries were required to buy nonprofit entities and there was only one per Maine Department of Health and Human Services Public Health District. At present, the most notable difference is that dispensaries can grow an unlimited number of marijuana plants.

That said, requirements are the same and it applies to security and record keeping.

How many dispensaries does Maine currently have in operation?

Maine has five dispensaries. A list is available online here: https://www.maine.gov/dafs/omp/medical-use/dispensaries

*Please note: dispensaries are not to be confused with caregivers. A caregiver may operate one retail store to sell their products.

Dispensaries
The Maine Medical Use of Marijuana Program includes two registration types which may engage in sales to certified patients: registered dispensaries and registered caregivers. Both registration types may engage in cultivation, manufacturing, and sales to patients.

*Information identifying registered caregivers and/or the location of the one caregiver retail store they may operate remains confidential under state law.

Maine’s medical marijuana dispensaries are the original mechanism for patients to lawfully obtain medical cannabis. Maine currently has five active medical marijuana dispensaries.

Canuvo, Inc

Biddeford, ME 04005

1-207-602-6130

Website: www.canuvo.org/

Curaleaf

Ellsworth, ME 04605

(888) 360-0650

(207) 667-0510

Website: www.maineorganictherapy.org/

Curaleaf

Auburn, ME 04210

(800) 809-1464

Website: www.remedycompassioncenter.org/

Safe Alternatives

Caribou, ME 04736

(207) 492-2651

Website: https://www.safealternativesmaine.com/

Wellness Connection

Brewer, ME 04412

1-855-848-6740

Website: www.mainewellness.org/

Caregiver:

A caregiver, for the purpose of assisting a qualifying patient with the patient’s medical use of marijuana, may engage in the following authorized conduct if the caregiver;

• is a resident of the State,
• is 21 years of age or older and;
• has not been convicted of a disqualifying drug offense:
• Possess all harvested marijuana produced by the caregiver’s cultivation of marijuana plants
• Transfer up to 2 1/2 ounces of harvested marijuana to a qualifying patient in one transaction,
  • except that a caregiver may not dispense more than 2 1/2 ounces of harvested marijuana to a visiting qualifying patient during a 15-day period;
• Cultivate up to 30 mature marijuana plants or 500 square feet of plant canopy, 60 immature marijuana plants and unlimited seedlings;
• Assist a qualifying patient with the patient’s medical use of marijuana;
• Receive reasonable monetary compensation for costs associated with cultivating marijuana plants or assisting a qualifying patient with that patient’s medical use of marijuana;
• Be in the presence or vicinity of the medical use of marijuana and assist any patient with the medical use, administration or preparation of marijuana;
• Manufacture marijuana products and marijuana concentrate for medical use, except that a caregiver may not manufacture food, , unless the caregiver is licensed pursuant to section 2167 and except that a caregiver may not produce marijuana concentrate using inherently hazardous substances unless authorized pursuant to section 2423-F, subsection 3;
• Hire any number of assistants who are 21 years of age or older to assist in performing the duties of the caregiver;
• Hire any number of assistants who are 18 years of age or older and under 21 years of age if they are also a member of the family of the caregiver to assist in performing the duties of the caregiver;
• Transfer marijuana plants and harvested marijuana to a qualifying patient, another caregiver or a registered dispensary for no remuneration;
• Transfer to and accept from another registered caregiver or a dispensary marijuana plants and harvested marijuana in a wholesale transaction an unlimited amount of immature marijuana plants and seedlings.
• A registered caregiver may transfer in wholesale transactions for reasonable compensation or for no remuneration an unlimited amount of the mature marijuana plants grown by the caregiver over the course of a calendar year, including any marijuana products or marijuana concentrate manufactured from mature marijuana plants grown by the caregiver.

A registered caregiver that acquires mature marijuana plants, marijuana products or marijuana concentrate in a wholesale transaction under this paragraph may not resell the mature marijuana plants, marijuana products or marijuana concentrate except to a qualifying patient or to another registered caregiver or dispensary to assist a qualifying patient;

• Provide samples to a marijuana testing facility for testing and research purposes;
• Conduct marijuana testing at the request of anyone authorized to possess marijuana under this chapter for research and development purposes only;
• Provide harvested marijuana to a manufacturing facility and obtain marijuana products and marijuana concentrate from the manufacturing facility that are produced from the harvested marijuana the caregiver provided to the manufacturing facility;
• Transport marijuana plants or harvested marijuana for authorized conduct in accordance with this chapter;
• Operate one caregiver retail store to sell harvested marijuana to qualifying patients for the patients’ medical use in accordance with this chapter;
• Be organized as any type of legal business entity recognized under the laws of the State; and
• Accept a digital image of a written certification for the purposes of initiating a transaction for harvested marijuana. The caregiver must verify the written certification in person before transferring any harvested marijuana to the qualifying patient.

A caregiver cultivating marijuana plants for a patient’s medical use must keep all plants in a cultivation area unless the plants are being transported. Access to a cultivation area is limited to the caregiver, except that an elected official invited by the caregiver for the purpose of providing education to the elected official on cultivation by the caregiver, emergency services personnel, an assistant of a caregiver or a marijuana testing facility or a person who needs to gain access to a cultivation area in order to perform repairs or maintenance or to do construction may access a cultivation area to provide those professional services while under the direct supervision of the caregiver.

Except as provided in paragraph C (below), a caregiver is required to register with the department.

The following caregivers are not required to register with the department:

(1) A caregiver designated to cultivate for a qualifying patient if that qualifying patient is a member of the household of that caregiver;

(2) Two caregivers who are qualifying patients, if those caregivers are members of the same household and assist one another with cultivation; and

(3) A caregiver who cultivates for a qualifying patient if that qualifying patient is a member of the family of that caregiver.

A caregiver operating under paragraph C (above) may engage in the conduct authorized in subsection 2, except that a caregiver may not:

(1) Cultivate marijuana plants for more than 2 members of the family or members of the same household;

(2) Cultivate more than 6 mature marijuana plants and 12 immature marijuana plants for each qualifying patient who has designated the caregiver to cultivate marijuana plants on the patient’s behalf;

(3) Possess more than 8 pounds of harvested marijuana;

(4) Sell marijuana plants or harvested marijuana at wholesale under subsection 2, paragraph K-1;

(5) Use a pesticide under subsection 2, paragraph J;

(6) Operate a caregiver retail store under subsection 2, paragraph P; or

(7) Organize as a business entity under subsection 2, paragraph Q.

Interest. A caregiver or an officer or director of a registered dispensary, registered caregiver or manufacturing facility may not have a financial or other interest in a marijuana testing facility providing services associated with product labeling for that dispensary, caregiver or manufacturing facility.

§2430-G. Record keeping; inspections; reporting requirements (CONFLICT) 1. Tracking; record keeping. This subsection governs the tracking, record-keeping and disclosure requirements of registered caregivers, registered dispensaries, marijuana testing facilities and manufacturing facilities.

A. A registered caregiver, a registered dispensary, a marijuana testing facility and a manufacturing facility shall:

(1) Keep a record of all transfers of marijuana plants and harvested marijuana;

(2) Keep the books and records maintained by the registered caregiver, registered dispensary, marijuana testing facility or manufacturing facility for a period of 4 years;

(2) Keep the books and records maintained by the registered caregiver, registered dispensary, marijuana testing facility or manufacturing facility for a period of 7 years; and

(4) Make the books and records maintained under this subsection available to inspection by the department upon the department’s demand. Records kept under this paragraph must avoid identifying qualifying patients.

B. The department shall develop and implement a statewide electronic portal through which registered caregivers, registered dispensaries, marijuana testing facilities and manufacturing facilities may submit to the department the records required under paragraph A and in accordance with rules adopted by the department. A registered caregiver, registered dispensary, marijuana testing facility and manufacturing facility shall pay all costs and fees associated with the use of this MRS Title 22, Chapter 558-C. MAINE MEDICAL USE OF MARIJUANA ACT 48 | Chapter 558-C. MAINE MEDICAL USE OF MARIJUANA ACT Generated 11.18.2021 electronic portal and all other fees associated with the keeping of records required in this section in accordance with rules adopted by the department.

2.4.6 Co-location of Adult Use Marijuana Establishment with Registered Dispensary or Registered Caregiver.

Licensees may co-locate an adult use marijuana establishment or establishments with a registered dispensary or registered caregiver registered with the Department pursuant to 22 MRS, chapter 558-C, only as provided in this Rule and 28-B MRS.

A cultivation facility may co-locate with a registered dispensary or a registered caregiver’s cultivation operation, except that if the cultivation facility is co-located with an adult use marijuana store, no marijuana or marijuana products for medical use may be sold or offered for sale in the same facility or building where the adult use marijuana store is located.

For more information on the Maine Caregiver Program, please see the Open Data link below detailing the state’s medical marijuana program:

Maine Medical Marijuana Program at a Glance