Rules Governing the Maine Medical Use of Marijuana Program
Section 5. Registered Primary Caregiver Page 5-1
Section 5. REGISTERED PRIMARY CAREGIVER
- 5.1 Primary caregiver designated by patient. A patient may designate one primary caregiver to assist the qualifying patient with the patient’s medical use of marijuana.
- 5.1.1 Patient’s sole preference. A patient’s primary caregiver is determined solely by the patient’s preference as named on the patient’s application for a registry identification card.
- 5.1.1.1 Exception: minor patient. A minor patient’s parent, legal guardian, or person having legal custody of the minor must serve as one of the primary caregivers for a minor patient. In addition, a registered patient under 18 years of age may have a second primary caregiver. The minor’s second primary caregiver may be a person, a hospice provider
or a nursing facility. - 5.1.1.2 Exception: incapacitated adult patient. An incapacitated adult patient’s legal guardian or durable health care power of attorney must serve as the incapacitated adult’s primary caregiver. In addition, an incapacitated adult patient may have a second primary caregiver. The incapacitated adult’s second primary caregiver may be a person, a hospice provider or a nursing facility.
- 5.1.2 Hospice provider or nursing facility: primary caregiver. A registered patient may name a hospice provider licensed under 22 Maine Revised Statutes, chapter 1681 or a nursing facility licensed under 22 Maine Revised Statutes, chapter 405 to serve as a registered primary care
- 5.1.2.1 Provider or facility registration application. If a hospice provider or nursing facility is named as a primary caregiver, the provider or facility must complete the department’s registration process and the staff of the provider or facility who assist the registered patient with the medical use of marijuana must obtain registry identification cards.
- 5.1.2.2 Staff registry identification cards. To be issued a registry identification card, a staff person of a hospice provider or nursing facility that has been named as a primary caregiver must be at least 21 years of age and not convicted of a disqualifying drug offense.
- 5.2 Registry identification card required. Registered primary caregivers and staff of hospice providers and nursing facilities named as primary caregivers are required to possess a valid, department-issued registry identification card prior to assisting a registered patient with the medical use of marijuana.
- 5.3 Food establishment license. A registered primary caregiver must obtain a food establishment license, pursuant to 22 Maine Revised Statutes section 2167, prior to
preparing goods containing marijuana for medical use by a registered patient. - 5.4 Application: primary caregiver registry identification card. A primary caregiver named on the qualifying patient’s application must submit a completed department-
approved primary caregiver application form with the required documentation and the registration fee, if any, (Section 7) for a registry identification card. The application shall
include, at a minimum, the following information: - 5.4.1 Name, address and date of birth of the primary caregiver;
- 5.4.2 Whether the registered patient, the registered primary caregiver or a registered dispensary shall cultivate marijuana for the registered patient’s medical use.
- 5.4.3 A copy of the primary caregiver’s Maine driver’s license, or other state-issued photo identification.
- 5.5 Department-issued registry identification card for primary caregiver. The department shall issue registry identification cards to registered primary caregivers and to staff of hospice providers and nursing facilities named as primary caregivers who assist the registered patient with the medical use of marijuana within 5 business days of the date
the department approves a primary caregiver’s application or renewal for a registry identification card. - 5.6 Expiration of registry identification card: primary caregiver. Registry identification cards issued to primary caregivers expire one year after the date of issuance.
- 5.7 Renewal of registry identification card: primary caregivers. A registered primary caregiver must submit a completed department-approved renewal form with all required
documentation and the renewal fee (Section 7). - 5.7.1 The department shall issue the primary caregiver’s new registry identification card within 5 business days of the date the department approves the renewal
application.