Qualifying Medical Conditions for a Physician's Certification for Medical Use of Marijuana
Sec. 1. 22 MRSA §2422, sub-§2,
2. Debilitating medical condition. "Debilitating medical condition" means:
A. Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail-patella syndrome or the treatment of these conditions;
B. 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 for more than 6 months;
C. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe nausea; or seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; or
D. Any other medical condition or its treatment as provided for in section 2424, subsection 2.; or
E. Post-traumatic stress disorder, inflammatory bowel disease, dyskinetic and spastic movement disorders and other diseases causing severe and persistent muscle spasms.
Finding a Physician
There are growing numbers of doctors throughout the state open to certifying patients with qualifying conditions for medical use of marijuana.
In order to receive protections under Maine's Medical Marijuana law, a patient must first obtain a certification from their Physician, on tamper proof paper, dated for one year, certifying the patient's debilitating medical condition for the purpose of medical marijuana treatment. A free ID card is available from the DHHS for patients who wish to register with the state, but is not required for legal protections.
A patient must have a driver's license or state id, along with the original certification form from their Doctor OR the state-issued ID Card on their person in order to receive protections under the law.
Questions for your Doctor:
- Will you provide me with a Certification for Medical Marijuana treatment?
- Will you refer me to a physician who may provide such a Certification?
- What are the medical pros and cons of using such a treatment?
The Physician's Certification Form can be found at: http://www.maine.gov/dhhs/dlrs/mmm/index.shtml
Your Doctor recommended medical marijuana for you.
Now, how will you get your medicine?
You have a few options:
1. Grow for yourself.
2. Find a dispensary.
3. Find a caregiver.
4. Designate a dispensary OR a caregiver to grow a portion of your 6 flowering plants, and grow the rest of the plants for yourself.
Registering With the State
Patients DO NOT need to register with the State of Maine DAFS.
In order to receive legal protections for patient use and cultivation of marijuana, a patient must have an up-to-date Certification from their Physician, on tamper-resistant paper, dated for one year.
The Division of Licensing and Regulatory Services (DLRS) within the Maine Department of Administrative and Financial Services (DAFS) has launched a custom online service to allow licensed medical providers to certify patients for the use of medical marijuana on January 5, 2015. The online service will only be available to licensed Maine medical physicians and nurse practitioners in good standing and will produce a standard printed certification for all patients in the Maine Medical Use of Marijuana Program. Its use is mandatory.
The new system includes several precautions that ensure information privacy and data integrity and conforms to standard health care information security standards, and offers a variety of benefits to patients, physicians and the DLRS. Enhanced security, direct relationship-building between the patient and provider and the immediate issuance of a patient designation card are just a few of the benefits.
Patient information is not captured or stored in this new system. A basic transaction history will be retained for statistical purposes, which include the date, name of the certifying medical provider, the zip code of the patient and whether the patient is over age 18. Medical provider login information and passwords will be encrypted.
Caregivers must register with the state:
Caregivers may provide for up to 5 patients who aren't necessarily family or household members by registering with the DAFS Department of Administrative and Financial Services, and filling out a Designation form for each patient.
Registration is $240 per patient, per year, plus $31 a year for a Background Check.
A person is not allowed to be a Caregiver if they were convicted of a felony drug charge within the past 10 years that could have (but didn't necessarily) result in a year or more incarceration. If you send payment and fail the background check, it will not be refunded.
* Caregivers who are cultivating on behalf of a household or *member of the family are not required to register with the State, but must fill out a Designation Form and keep it with their cultivation site.
*"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.
A Caregiver may have one employee who also must go through a background check and register with the State.
More Information about the Maine Medical Marijuana program is available here: http://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/index.shtml
For Rules Governing the Medical Use of Marijuana Program: http://www.maine.gov/dhhs/mecdc/public-health-systems/mmm/documents/MMMP-Rules-144c122.pdf