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The Maine State
Patients Coalition
President & Head
Patient Caregiver:
Online Patients Advocate,
Online News Journalist
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Chris Kenoyer
Vice- President:
Marie Winchester
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Miss Tonya Davis
MainePatientsCoalition@nym.hush.com
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FREQUENTLY ASKED QUESTIONS ABOUT MAINE'S NEW MEDICAL MARIJUANA LAW
Thank you for being
patient as we get ourselves situated post-election day. We are now prepared to
move forward and if we all work together, we expect that Maine will have
dispensary’s operating by May of 2010 if not sooner.
Please read through
this list of FAQ carefully. If we have left out important information, please
let us know so we can update this. And stay tuned for more updates as things get
more defined.
Remember, the new
law is not yet in effect and won’t be in effect until 45 days after the
legislature goes into session. This means some of the new provisions in the law
such as the additional qualifying conditions will be legal as of the third week
in February. But the rules regulating the operation of dispensary’s are a
longer process, and this means that DHHS will not be compelled to release them
until sometime in May.
Please check our
website soon for details on:
-
A major
conference/gathering for patients/providers/and potential dispensary
owners/operators to be held in February of 2010
-
A full listing
of doctor’s who are making the necessary recommendation to qualified
patients here in Maine
-
Paperwork on
becoming a qualified patient
One more update for
you as well. The composition of the Task Force charged with drafting will
include a number of individuals that we feel will effectively represent our side
of this issue. They include our lawyer and a long time worker in the field of
HIV+ clients. Details on the schedule of public hearings will be announced and
we will be sure to alert you of them in case you want to attend.
And lastly, if you
are a qualified medical marijuana patient and have your written recommendation
from a MD, please let us know and send us a copy of your medical record where
this information is indicated. We will find you a caregiver immediately to work
with to have access to your medicine. (Send to: MMPI, PO Box 1074, Lewiston, ME
04243)
Now here are some
answers for questions that so many of you have been asking
FREQUENTLY ASKED
QUESTIONS ABOUT MAINE'S NEW MEDICAL MARIJUANA LAW
What conditions
can marijuana be used to treat?
Under the new law, a
physician may recommend marijuana for the treatment of:
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cancer, glaucoma,
HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig's disease)
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Crohn’s disease,
agitation of Alzheimer’s disease, nail-patella syndrome
The state will soon be
establishing a process for evaluating and approving the use of marijuana for
other conditions. This means we can add new conditions without having to
re-write the law.
How do I become
a qualifying medical marijuana patient?
In order to legally
use marijuana for any of the above conditions you must have a written
recommendation from a licensed physician or surgeon.
In the coming months,
the state of Maine will develop a process for issuing identification cards to
qualifying patients and their legally designated caregivers. Participation
in this program will be completely voluntary. These cards will protect
patients and caregivers from arrest, search, and seizure. They also will allow
patients and caregivers to purchase marijuana at nonprofit marijuana
dispensaries once those dispensaries are established. If you do not choose to
get a identification law, you will still have what is called an “Affirmative
Defense”, but this means going to court to prove your innocence.
What kind of
documentation will my physician have to provide to prove that I qualify as a
medical marijuana patient?
A physician must
supply a written document that certifies:
-
The physician has
discussed with you the possible health risks and therapeutic or palliative
benefits of the medical use of marijuana 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;
If your
physician is recommending marijuana for intractable (chronic) pain, the
physician must also certify that your pain has not responded to other medical
and surgical treatments over the course of at least six months.
You can copy and
download a form that meets these requirements here
How can I find a
physician who is open to the use of marijuana as part of a treatment plan?
We are in the process
of creating a list of physicians in Maine who are familiar and comfortable with
the medicinal uses of marijuana. If you are or know a physician who should be
included on this list, please e-mail us mainepatientscoalition@yahoo.com
This
list will become available by December 1st, 2009 and will be updated as often as
is warranted.
How much
marijuana may a qualifying patient legally possess?
A qualifying patient
may possess no more than 2.5 oz of usable marijuana at any given time. When
dispensaries are established, patients will be allowed to purchase no more than
2.5 oz of marijuana in any two week period. Usable marijuana means flowers and
leaves and does not include stems and seeds.
A qualifying patient
may also possess no more than six mature marijuana plants at any given time.
A patient's primary
caregiver is also permitted to possess up to six mature marijuana plants and/or
up to 2.5 oz of marijuana for each patient in the caregiver's care.
I qualify as a
medical marijuana patient in my home state and will be visiting Maine. Will I be
able to use my medicine during my visit? Will I be able to purchase marijuana at
a dispensary in Maine?
Yes. A registration
card or other legal document issued by another state certifying that you are a
qualifying medical marijuana patient will carry the same force as a registration
card issued by the state of Maine.
I am a
physician. Will recommending marijuana to patients put me in danger of
prosecution or professional discipline?
No. Under the
law a physician may not be subjected to any criminal or civil penalty or
be disciplined by the Board of Licensure in Medicine or the Board of Osteopathic
Licensure or by any other licensing body simply for recommending marijuana to a
patient.
The U.S. Supreme Court
has upheld the right of physicians to recommend marijuana to their patients.
How do I become
a primary caregiver for a qualifying patient?
Under current law, a
patient may legally designate you as a caregiver if you have consistently
assumed responsibility for that patient's housing, health, or safety, or if you
are named in a written individual instruction or power of attorney for health
care. You also qualify if you are the parent or guardian of a minor who is using
marijuana for medicinal purposes under a physician's guidance and with your
permission. You can find the relevant forms here
Under the new
law each patient may designate two caregivers and a person may be a designated
caregiver for up to five patients. The state is currently in the
process of developing additional regulations governing caregivers and a process
by which caregivers may register with the state and receive identification
cards.
How can I go
about setting up a medical marijuana dispensary?
The state of Maine is
currently in the process of establishing rules governing the operation and
regulation of medical marijuana dispensaries.
The law already puts
in place the following requirements:
-
The officers and
board members of a dispensary must be residents of Maine and must not have
been convicted of any felony drug offense within the past 10 years (unless
the activities for which they were convicted would have been legal under
this law.)
-
Dispensaries will
be subject to all relevant municipal zoning ordinances.
How can I have
input in the rule making process?
Maine Citizens for
Patients' Rights will be sending out alerts about public hearings and other
opportunities for public input. To receive these alerts go to http://www.mainecommonsense.org
and sign up for our e-mail list.
AGAIN PLEASE NOTE
In February we will
be hosting a conference where patients, caregivers, physicians, and
potential dispensary operators can learn about and discuss issues connected with
the implementation of this law including the regulatory process, insurance
issues, models for dispensaries, and lessons from other states' experiences with
the establishment of dispensaries.
Watch our website and
your e-mail for details!
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