Rules Governing the Maine Medical Use of Marijuana Program
Section 5. PRIMARY CAREGIVER
5.1 Primary caregiver designated by patient. A qualifying patient, including a nonregistered and a voluntarily registered qualifying patient, may designate a primary
caregiver to assist the qualifying patient with the patient’s medical use of marijuana.
5.2 Patient’s sole preference. A patient’s primary caregiver is determined solely by the
patient’s preference as indicated on the department-approved designation form given by
the patient to the caregiver.
5.3 Designation form required. Each primary caregiver must have a designation form
signed and dated by the qualifying patient.
5.4 Primary caregiver registration required; exceptions. A primary caregiver
designated by a qualifying patient is required to register with the department, except that
the following primary caregivers are not required to register.
5.4.1 A primary caregiver designated to cultivate for a qualifying patient if that qualifying patient is a member of the household of that primary caregiver;
5.4.2 Two primary caregivers who are also both qualifying patients, if those
primary caregivers are members of the same household and assist one another
with cultivation; or
5.4.3 A primary caregiver who cultivates for a qualifying patient if that qualifying
patient is a member of the family of that primary caregiver. See 22 M.R.S.A.
§2423-A (3) (C).
5.5 Application for registry identification cards. Primary caregivers who are required
to register with the department must submit an application for a registry identification
card as set out in Section 8 of these rules.
5.5.1 Eligible individuals may request removal from registry within 6
months after the effective date of these rules. Individuals who were
cardholders on or before September 28, 2011 (effective date of Public Law
2011, chapter 407) may submit a written request to be removed from the
MMMP registry and have all of their information expunged by the department.
18.104.22.168 A primary caregiver removed from the registry may not
participate in the MMMP as a primary caregiver except as set out in
Section 5.4 of these rules.
22.214.171.124 Expungement must be completed by the department within 60
days of receipt of a request from an eligible individual.
126.96.36.199 After the 6 month period, all new and remaining, nonexpunged information must be retained by the State for 6 years.5.5.2 Exception to expungement. The expungement provisions in Section
5.5.1 of these rules do not apply to a record with respect to which there is a
pending law enforcement investigation. See Public Law 2011, Chapter 407,
5.6 A second primary caregiver. Only the following qualifying patients may have a
second primary caregiver:
5.6.1 A minor qualifying patient. A minor qualifying patient’s parent, legal
guardian or the person who has legal custody of the minor shall serve as the
minor’s primary caregiver. In addition, a qualifying patient under 18 years of age
may have a second primary caregiver.
5.6.2 An incapacitated adult qualifying patient. An incapacitated adult
qualifying patient’s legal guardian or power of attorney for health care shall
serve as the incapacitated adult’s primary caregiver. In addition, an
incapacitated adult qualifying patient may have a second primary caregiver.
5.6.3 Registered patient in a hospice or nursing facility. The registered
patient’s hospice provider or nursing facility may serve as the registered
patient’s primary caregiver. In addition, the registered patient may have a
second primary caregiver to cultivate marijuana or to assist with the registered
patient’s medical use of marijuana. See Section 11 of these rules.