So. Maine Will Have Medical Pot Dispensary

Medical marijuana patients in southern Maine won't have to go far for their medically prescribed and legally protected dose of the drug.

Earlier this month, the Division of Licensing and Regulatory Services (DLRS) in the Department of Health and Human Services announced it has begun accepting applications from nonprofit corporations to become dispensaries under Maine's Medical Use of Marijuana Act.

According to a release from the DHHS, the state will only allow for eight dispensaries, one in each of the Maine's eight Public Health Districts. John Martins, DHHS director of employee and public communications, said the state has determined it will regionalize dispensaries, with the closest for southern Maine residents being somewhere in York County.

The act passed last November allows individuals with "debilitating medical conditions" diagnosed by a physician licensed in Maine to receive written certification allowing them to "acquire, possess, cultivate, manufacture, use, deliver, transfer or transport marijuana and/or paraphernalia without fear of prosecution."

The measure requires a qualifying patient to register and receive a state-issued identification card, according to Maine.gov. That patient is then permitted to possess not more than 2½ ounces of usable marijuana and, if they have not specified a primary-caregiver, may grow up to six plants.

Patients must include a $100 fee with their application.

Primary caregivers are also allowed to register and are considered protected under the law as well.

The rules also allow for not-for-profit dispensaries to possess, cultivate, manufacture, deliver, transfer or transport, sell, supply or dispense marijuana and/or paraphernalia.

The dispensary is also considered a primary caregiver and there is no limit to the number of patients for whom the dispensary may act as the primary caregiver.

Emergency rules passed May 5 further described how a dispensary will be selected and established, according to Martins. The rules will be in effect for up to 90 days, while DHHS completes regular non-emergency rule-making.

Martins said the emergency rules were set in place to allow for the immediate application process of patients and dispensaries. He said the emergency rules will help rule-makers as they continue to come up with concrete guidelines.

The new rules also address the registration process for prospective patients, patient rights, provider responsibilities and other requirements. Both the rules and the dispensary application materials can be viewed at Maine DHHS: DLRS (Division of Licensing and Regulatory Services) Index - DLRS; Maine DHHS.

"The rules that have been established reflect the desires of prospective patients, the medical community, public safety, the Governor's Medical Marijuana Task Force and the people of Maine who voted in favor of a medical marijuana program," said DHHS Commissioner Brenda Harvey. "DLRS has established a solid framework for this program and I commend them for their diligence and attention to detail."

In order for potential dispensaries to apply, each applicant must include a $15,000 fee with their application. Those who are not chosen will have all but $1,000 of that fee returned. Applications will be accepted until 2 p.m. June 25 and officials expect to announce winning applicants July 9.

DHHS will select the best application for each Public Health District. Each applicant will be awarded points for compliance with local ordinances, security of the proposed cultivation site and the long-term business plan of the nonprofit dispensary.

Points may be awarded for convenience to patients of the proposed dispensary, ensuring a steady supply of marijuana for the projected number of patients, business experience, administrative controls that will discourage unlawful activity, adequacy of staffing plans, payment for required criminal record checks and strength of patient education.

Martins said the DHHS expects to see applications filter in toward the end of the acceptance period.

"I think it's safe to say we've seen a significant level of interest," he said.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: SeacoastOnline.com
Author: Charles McMahon
Copyright: 2010 Seacoast Media Group
 
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