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State Of Maine Medical Marijuana Law
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Changes to Maine medical marijuana program coming; all patients must register By Jan 1st 2011
Our Current Medical Marijuana Law
Title 22, section 2383-B, subsection 5
Medical use of marijuana; exemptions.
The following provisions govern the
medical use of marijuana.
A. Notwithstanding any other provision of law, a person who is at least 18 years of age may lawfully possess a usable amount of marijuana for medical use if, at the time of that possession, the person has available an authenticated copy of a medical record or other written documentation from a physician, demonstrating that:
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(1) The person has been diagnosed by a physician as suffering from one or more of the following conditions:
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(a) Persistent nausea, vomiting, wasting syndrome or loss of appetite as a result of:
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(i) Acquired immune deficiency syndrome or the treatment thereof; or
(ii) Chemotherapy or radiation therapy used to treat cancer;
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(b) Heightened intraocular pressure as a result of glaucoma;
(c) Seizures associated with a chronic, debilitating disease, such as epilepsy; or
(d) Persistent muscle spasms associated with a chronic, debilitating disease, such as multiple sclerosis;
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(2) A physician, in the context of a bona fide physician-patient relationship with the person:
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(a) Has discussed with the person the possible health risks and therapeutic or palliative benefits of the medical use of marijuana to relieve pain or alleviate symptoms of the person’s condition, based on information known to the physician, including, but not limited to, clinical studies or anecdotal evidence reported in medical literature or observations or information concerning the use of marijuana by other patients with the same or similar conditions;
(b) Has provided the person with the physician’s professional opinion concerning the possible balance of risks and benefits of the medical use of marijuana to relieve pain or alleviate symptoms in the person’s particular case; and
(c) Has advised the person, on the basis of the physician’s knowledge of the person’s medical history and condition, that the person might benefit from the medical use of marijuana to relieve pain or alleviate symptoms of the person’s condition;
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(3) The person has disclosed to the physician that person’s medical use of marijuana; and
(4) The person is under the continuing care of the physician. [IB 1999, c. 1, §10 (new).]
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B. A person under 18 years of age may lawfully possess a usable amount of marijuana for medical use if:
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(1) The person meets the requirements of paragraph A, subparagraphs (1) to (4); and
(2) The person:
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(a) Has available a signed written authorization from that person’s parent or legal guardian consenting to that person’s medical use of marijuana; or
(b) Is a minor who is entitled to give consent to all medical and other health care services pursuant to Title 22, section 1503. [IB 1999, c. 1, §10 (new).]
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C. Notwithstanding any other provision of law, a designated care giver may lawfully possess a usable amount of marijuana for medical use by an eligible patient if the designated care giver is acting within the scope of the designated care giver’s duties to the eligible patient. [IB 1999, c. 1, §10 (new).]
D. The fact that a person produces documentation described in paragraph A does not constitute a waiver of the physician-patient privilege in any other respect. [IB 1999, c. 1, §10 (new).]
E. A physician who, in the context of a bona fide physician-patient relationship, advises a patient that the patient might benefit from the medical use of marijuana may not be deemed to have violated any provision of Title 32, section 2591-A, subsection 2 or section 3282-A, subsection 2. [IB 1999, c. 1, §10 (new).]
F. Notwithstanding the provisions of paragraph A, medical use of marijuana by an eligible patient is not authorized by this section if such use occurs in a public place or in a workplace where such use is not permitted. [IB 1999, c. 1, §10 (new).]
[IB 1999, c. 1, §10 (new).]
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Other laws:
Property not subject to forfeiture.
5821-A. Property not subject to forfeiture based on medical use of marijuana
Beginning January 1, 1999, property is not subject to forfeiture under this chapter if the activity that subjects the person’s property to forfeiture is possession of marijuana and the person meets the requirements for medical use of marijuana under Title 22, section 2383-B, subsection 5. [IB 1999, c. 1, §3 (new).]]
May use medical marijuana-related paraphernalia.
1111-A. Sale and use of drug paraphernalia
1. As used in this section the term "drug paraphernalia" means all equipment, products and materials of any kind that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a scheduled drug in violation of this chapter or Title 22, section 2383, except that this section does not apply to a person who is authorized to possess marijuana for medical use pursuant to Title 22, section 2383-B, subsection 5, to the extent the drug paraphernalia is required for that person’s medical use of marijuana.
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