Maine Revised Statutes Title 22 Sec. 2422 – Definitions
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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [IB 2009, c. 1, §5 (NEW).]
1. Cardholder. “Cardholder” means a person who has been issued and possesses a valid registry identification card.
[PL 2017, c. 452, §3 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2422
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Assistant: means a person paid to perform a service for a caregiver, dispensary, manufacturing facility or cannabis testing facility in accordance with this chapter, whether as an employee or independent contractor. See Maine Revised Statutes Title 22 Sec. 2422
- Cannabis concentrate: means the resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. See Maine Revised Statutes Title 22 Sec. 2422
- Cannabis extraction: means the process of extracting cannabis concentrate from harvested cannabis using water, lipids, gases, solvents or other chemicals or chemical processes. See Maine Revised Statutes Title 22 Sec. 2422
- Cannabis paraphernalia: includes , but is not limited to:
A. See Maine Revised Statutes Title 22 Sec. 2422Cannabis plant: means a plant of the genus Cannabis, including, but not limited to, Cannabis sativa, Cannabis indica and Cannabis ruderalis. See Maine Revised Statutes Title 22 Sec. 2422 Cannabis product: includes , but is not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture. See Maine Revised Statutes Title 22 Sec. 2422 Cannabis testing facility: means a public or private laboratory that:
A. See Maine Revised Statutes Title 22 Sec. 2422Cannabis tincture: means a solution that is intended to be consumed orally and is prepared from harvested cannabis blended with an edible solvent. See Maine Revised Statutes Title 22 Sec. 2422 Cardholder: means a person who has been issued and possesses a valid registry identification card. See Maine Revised Statutes Title 22 Sec. 2422 Caregiver: means a person or an assistant of that person that provides care for a qualifying patient in accordance with section 2423?A, subsection 2. See Maine Revised Statutes Title 22 Sec. 2422 Caregiver retail store: means a store that has attributes generally associated with retail stores, including, but not limited to, a fixed location, a sign, regular business hours, accessibility to the public and sales of goods or services directly to a consumer, and that is used by a registered caregiver to offer cannabis plants or harvested cannabis for sale to qualifying patients. See Maine Revised Statutes Title 22 Sec. 2422 Certified nurse practitioner: means a registered professional nurse licensed under Title 32, chapter 31 who has received postgraduate education designed to prepare the nurse for advanced practice registered nursing in a clinical specialty in nursing that has a defined scope of practice and who has been certified in the clinical specialty by a national certifying organization acceptable to the State Board of Nursing. See Maine Revised Statutes Title 22 Sec. 2422 Child-resistant: means , with respect to packaging or a container:
A. See Maine Revised Statutes Title 22 Sec. 2422Collective: means an association, cooperative, affiliation or group of caregivers who physically assist each other in the act of cultivation, processing or distribution of cannabis for medical use for the benefit of the members of the collective. See Maine Revised Statutes Title 22 Sec. 2422 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 22 Sec. 2422 Complete application: means , with respect to an application for a registry identification card or a registration certificate, that:
A. See Maine Revised Statutes Title 22 Sec. 2422Conviction: A judgement of guilt against a criminal defendant. Cultivation area: means an indoor or outdoor area used for cultivation of mature cannabis plants, immature cannabis plants or seedlings in accordance with this chapter that is enclosed and equipped with locks or other security devices that permit access only by a person authorized to have access to the area under this chapter. See Maine Revised Statutes Title 22 Sec. 2422 Department: means the Department of Administrative and Financial Services. See Maine Revised Statutes Title 22 Sec. 2422 dispensary: means an entity registered under section 2425?A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses cannabis plants or harvested cannabis or related supplies and educational materials to qualifying patients and the caregivers of those patients. See Maine Revised Statutes Title 22 Sec. 2422 Disqualifying drug offense: means a conviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year or more. See Maine Revised Statutes Title 22 Sec. 2422 Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Edible cannabis product: means a cannabis product intended to be consumed orally, including, but not limited to, any type of food, drink or pill containing harvested cannabis. See Maine Revised Statutes Title 22 Sec. 2422 Harvested cannabis: includes cannabis concentrate and cannabis products. See Maine Revised Statutes Title 22 Sec. 2422 Immature cannabis plant: means a cannabis plant that is not a mature cannabis plant or seedling. See Maine Revised Statutes Title 22 Sec. 2422 Immature plant canopy: means the total surface area within a cultivation area where immature cannabis plants are growing. See Maine Revised Statutes Title 22 Sec. 2422 Inherently hazardous substance: means a liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a flash point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, propane and diethyl ether. See Maine Revised Statutes Title 22 Sec. 2422 Long-term care facility: means a hospice provider facility licensed under chapter 1681; a nursing facility licensed under chapter 405; an assisted living facility licensed under chapter 1663 or 1664; or a facility or program licensed under chapter 1663 that provides care for a qualifying patient in accordance with section 2423?A, subsection 1, paragraph F?1, subparagraph (2). See Maine Revised Statutes Title 22 Sec. 2422 manufacturing: means the production, blending, infusing, compounding or other preparation of cannabis concentrate and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis. See Maine Revised Statutes Title 22 Sec. 2422 Manufacturing facility: means a registered tier 1 or tier 2 manufacturing facility or a person authorized to engage in cannabis extraction under section 2423?F. See Maine Revised Statutes Title 22 Sec. 2422 Mature cannabis plant: means a flowering female cannabis plant. See Maine Revised Statutes Title 22 Sec. 2422 Mature plant canopy: means the total surface area within a cultivation area where mature cannabis plants are growing. See Maine Revised Statutes Title 22 Sec. 2422 Medical provider: means a physician, a certified nurse practitioner or a physician assistant. See Maine Revised Statutes Title 22 Sec. 2422 Medical use: means the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient's medical diagnosis or symptoms for which a medical provider has provided the qualifying patient a written certification under this chapter. See Maine Revised Statutes Title 22 Sec. 2422 Member of the family: includes a person who is a resident of the State and who is living with a person as a spouse and a natural parent of a child of a person. See Maine Revised Statutes Title 22 Sec. 2422 Members of the same household: means 2 or more people who are residents of the State and who reside in a shared dwelling unit. See Maine Revised Statutes Title 22 Sec. 2422 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Nonflowering cannabis plant: means a cannabis plant that is in a stage of growth in which the plant's pistils are not showing or the pistils protrude in pairs from seed bracts that may be located on multiple nodes of the plant. See Maine Revised Statutes Title 22 Sec. 2422 Officer or director: means , when used with respect to any nonprofit, for-profit or other organization governed by this chapter, a director, manager, shareholder, board member, partner or other person holding a management position or ownership interest in the organization. See Maine Revised Statutes Title 22 Sec. 2422 patient: means a person who has been a resident of the State for at least 30 days and who possesses a valid written certification regarding medical use of cannabis in accordance with section 2423?B. See Maine Revised Statutes Title 22 Sec. 2422 Physician: means a person licensed as an osteopathic physician by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or a person licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs. See Maine Revised Statutes Title 22 Sec. 2422 Physician assistant: means a person licensed as a physician assistant by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or a person licensed as a physician assistant by the Board of Licensure in Medicine pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs. See Maine Revised Statutes Title 22 Sec. 2422 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Registered caregiver: means a caregiver who is registered by the department pursuant to section 2425?A. See Maine Revised Statutes Title 22 Sec. 2422 Registered patient: means a qualifying patient who is registered by the department pursuant to section 2425?A. See Maine Revised Statutes Title 22 Sec. 2422 Registration certificate: means a document issued by the department that identifies an entity as an entity that has registered with the department in accordance with this chapter. See Maine Revised Statutes Title 22 Sec. 2422 Registry identification card: means a document issued by the department that identifies a person as a person who has registered with the department in accordance with this chapter. See Maine Revised Statutes Title 22 Sec. 2422 Remuneration: means a donation or any other monetary payment received directly or indirectly by a person in exchange for goods or services as part of a transaction in which cannabis is transferred or furnished by that person to another person. See Maine Revised Statutes Title 22 Sec. 2422 Resident of the State: means a person who is domiciled in the State. See Maine Revised Statutes Title 22 Sec. 2422 Sample: means a cannabis plant or harvested cannabis that is provided for testing or research purposes to a cannabis testing facility. See Maine Revised Statutes Title 22 Sec. 2422 Seedling: means a cannabis plant or rooted cutting that is:
A. See Maine Revised Statutes Title 22 Sec. 2422Synchronous encounter: means a real-time interaction conducted with an interactive audio or video connection between an individual and a medical provider or between a medical provider and another medical provider. See Maine Revised Statutes Title 22 Sec. 2422 Tamper-evident: means , with respect to a device or process, bearing a seal, a label or a marking that makes unauthorized access to or tampering with a package, product or container easily detectable. See Maine Revised Statutes Title 22 Sec. 2422 Tamper-resistant paper: means paper that possesses an industry-recognized feature that prevents copying of the paper, erasure or modification of information on the paper and the use of counterfeit documentation. See Maine Revised Statutes Title 22 Sec. 2422 Telehealth services: includes synchronous encounters, store and forward transfers, telemonitoring and asynchronous encounters. See Maine Revised Statutes Title 22 Sec. 2422 Telemonitoring: means the use of information technology to remotely monitor an individual's health status via electronic means, allowing the medical provider to track the individual's health data over time. See Maine Revised Statutes Title 22 Sec. 2422 Timely filed: means , with respect to an application submitted for renewal of a registry identification card or an application submitted for renewal of a registration certificate, that the applicant submits a complete application to the department no sooner than 60 days and no later than 30 days prior to the expiration date of the current registry identification card or the current registration certificate. See Maine Revised Statutes Title 22 Sec. 2422 Visiting qualifying patient: means a patient who is authorized for the medical use of cannabis in this State in accordance with section 2423?D and who is not a resident of the State or who has been a resident of the State less than 30 days. See Maine Revised Statutes Title 22 Sec. 2422 Written certification: means a document signed by a medical provider and issued to a qualifying patient in accordance with section 2423?B, or a digital image of that document issued by the medical provider that meets the requirements of section 2423?B, subsection 4, that states that, in the medical provider's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's medical diagnosis or symptoms associated with the medical diagnosis. See Maine Revised Statutes Title 22 Sec. 2422 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
1-A. Collective. “Collective” means an association, cooperative, affiliation or group of caregivers who physically assist each other in the act of cultivation, processing or distribution of cannabis for medical use for the benefit of the members of the collective.
[PL 2017, c. 452, §3 (AMD); PL 2021, c. 669, §5 (REV).]
1-B. Certified nurse practitioner. “Certified nurse practitioner” means a registered professional nurse licensed under Title 32, chapter 31 who has received postgraduate education designed to prepare the nurse for advanced practice registered nursing in a clinical specialty in nursing that has a defined scope of practice and who has been certified in the clinical specialty by a national certifying organization acceptable to the State Board of Nursing.
[PL 2013, c. 516, §1 (NEW).]
1-C. Commissioner. “Commissioner” means the Commissioner of Administrative and Financial Services.
[PL 2017, c. 409, Pt. E, §2 (NEW).]
1-D. Assistant. “Assistant” means a person paid to perform a service for a caregiver, dispensary, manufacturing facility or cannabis testing facility in accordance with this chapter, whether as an employee or independent contractor.
[PL 2017, c. 452, §3 (NEW); PL 2021, c. 669, §5 (REV).]
1-E. Child-resistant. “Child-resistant” means, with respect to packaging or a container:
A. Specially designed or constructed to be significantly difficult for a typical child under 5 years of age to open and not to be significantly difficult for a typical adult to open and reseal; and [PL 2017, c. 452, §3 (NEW).]
B. With respect to any product intended for more than a single use or that contains multiple servings, resealable. [PL 2017, c. 452, §3 (NEW).]
[PL 2017, c. 452, §3 (NEW).]
1-F. Caregiver retail store. “Caregiver retail store” means a store that has attributes generally associated with retail stores, including, but not limited to, a fixed location, a sign, regular business hours, accessibility to the public and sales of goods or services directly to a consumer, and that is used by a registered caregiver to offer cannabis plants or harvested cannabis for sale to qualifying patients.
[PL 2019, c. 217, §1 (NEW); PL 2021, c. 669, §5 (REV).]
1-G. Complete application. “Complete application” means, with respect to an application for a registry identification card or a registration certificate, that:
A. The applicant has completed and submitted to the department all application forms required and provided by the department; [PL 2021, c. 662, §1 (NEW).]
B. The applicant has submitted to the department documentation sufficient to satisfy all applicable residency requirements of this chapter, which may include, but is not limited to, a valid photographic identification card issued by the State; [PL 2021, c. 662, §1 (NEW).]
C. If required by the department pursuant to this chapter, the applicant has submitted to a criminal history record check; [PL 2021, c. 662, §1 (NEW).]
D. If applying for a registry identification card for a caregiver or a registration certificate for a dispensary, the applicant has registered with the State Tax Assessor pursuant to Title 36, section 1754?B to collect and remit the sales tax on the sale of harvested cannabis imposed under Title 36, section 1811 and has provided to the department documentation of the registration; and [PL 2021, c. 662, §1 (NEW); PL 2021, c. 669, §5 (REV).]
E. If applying for a registration certificate for a dispensary, the applicant has submitted to the department documentation sufficient to show that the applicant has fulfilled any applicable municipal authorization requirements for the municipality in which the applicant intends to operate the dispensary. [PL 2021, c. 662, §1 (NEW).]
[PL 2021, c. 662, §1 (NEW); PL 2021, c. 669, §5 (REV).]
2. Debilitating medical condition.
[PL 2017, c. 452, §3 (RP).]
2-A. Department. “Department” means the Department of Administrative and Financial Services.
[PL 2017, c. 409, Pt. E, §2 (NEW).]
3. Cultivation area. “Cultivation area” means an indoor or outdoor area used for cultivation of mature cannabis plants, immature cannabis plants or seedlings in accordance with this chapter that is enclosed and equipped with locks or other security devices that permit access only by a person authorized to have access to the area under this chapter. A cultivation area may include multiple indoor or outdoor areas, whether contiguous or noncontiguous, on the same parcel or tract of land.
[PL 2021, c. 662, §2 (AMD); PL 2021, c. 669, §5 (REV).]
3-A. Extended inventory supply interruption.
[PL 2017, c. 452, §3 (RP).]
3-B. Edible cannabis product. “Edible cannabis product” means a cannabis product intended to be consumed orally, including, but not limited to, any type of food, drink or pill containing harvested cannabis. “Edible cannabis product” does not include an edible product containing hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D.
[PL 2019, c. 528, §12 (AMD); PL 2021, c. 669, §5 (REV).]
3-C. Harvested cannabis. “Harvested cannabis” means the plant material harvested from a mature cannabis plant, except the stalks, leaves and roots of the plant that are not used for a qualifying patient‘s medical use. “Harvested cannabis” includes cannabis concentrate and cannabis products. “Harvested cannabis” does not include plant material harvested from hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D.
[PL 2019, c. 528, §12 (AMD); PL 2021, c. 669, §5 (REV).]
4. Disqualifying drug offense. “Disqualifying drug offense” means a conviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year or more. It does not include:
A. An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed 5 or more years earlier; [PL 2021, c. 669, §3 (AMD).]
B. An offense that consisted of conduct that would have been permitted under this chapter; or [PL 2021, c. 669, §3 (AMD).]
C. An offense that consisted of conduct that would be authorized under Title 28?B or that, if the person convicted of the offense had been acting under the authority of a license pursuant to Title 28?B, would have been authorized under Title 28?B. [PL 2021, c. 669, §3 (NEW).]
[PL 2021, c. 669, §3 (AMD).]
4-A. Incidental amount of marijuana.
[PL 2017, c. 452, §3 (RP).]
4-B. Mature cannabis plant. “Mature cannabis plant” means a flowering female cannabis plant. “Mature cannabis plant” does not include hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D.
[PL 2019, c. 528, §13 (AMD); PL 2021, c. 669, §5 (REV).]
4-C. Medical provider. “Medical provider” means a physician, a certified nurse practitioner or a physician assistant.
[PL 2017, c. 452, §3 (AMD).]
4-D. Inherently hazardous substance.
[PL 2019, c. 331, §1 (RP); PL 2019, c. 528, §14 (RP).]
4-E. Manufacture or manufacturing.
[PL 2019, c. 331, §1 (RP); PL 2019, c. 528, §14 (RP).]
4-F. Manufacturing facility.
[PL 2019, c. 331, §1 (RP); PL 2019, c. 528, §14 (RP).]
4-G. Marijuana concentrate.
[PL 2019, c. 331, §1 (RP); PL 2019, c. 528, §14 (RP).]
4-H. Marijuana extraction.
[PL 2019, c. 331, §1 (RP); PL 2019, c. 528, §14 (RP).]
4-I. Marijuana product.
[PL 2019, c. 331, §1 (RP); PL 2019, c. 528, §14 (RP).]
4-J. Cannabis extraction. “Cannabis extraction” means the process of extracting cannabis concentrate from harvested cannabis using water, lipids, gases, solvents or other chemicals or chemical processes. “Cannabis extraction” does not include the process of extracting concentrate from hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D.
[PL 2019, c. 528, §15 (AMD); PL 2021, c. 669, §5 (REV).]
4-K. Cannabis plant. “Cannabis plant” means a plant of the genus Cannabis, including, but not limited to, Cannabis sativa, Cannabis indica and Cannabis ruderalis. “Cannabis plant” does not include hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D.
[PL 2021, c. 251, §1 (AMD); PL 2021, c. 669, §5 (REV).]
4-L. Cannabis product. “Cannabis product” means a product composed of harvested cannabis and other ingredients that is intended for medical use. “Cannabis product” includes, but is not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture. “Cannabis product” does not include cannabis concentrate or a product containing hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D.
[PL 2019, c. 528, §15 (AMD); PL 2021, c. 669, §5 (REV).]
4-M. Nonflowering cannabis plant. “Nonflowering cannabis plant” means a cannabis plant that is in a stage of growth in which the plant’s pistils are not showing or the pistils protrude in pairs from seed bracts that may be located on multiple nodes of the plant. “Nonflowering cannabis plant” does not include hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D.
[PL 2019, c. 528, §15 (AMD); PL 2021, c. 669, §5 (REV).]
4-N. Immature cannabis plant. “Immature cannabis plant” means a cannabis plant that is not a mature cannabis plant or seedling. “Immature cannabis plant” does not include hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D.
[PL 2021, c. 669, §5 (REV); PL 2021, c. 676, Pt. A, §33 (RPR).]
4-O. Inherently hazardous substance. “Inherently hazardous substance” means a liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a flash point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, propane and diethyl ether. “Inherently hazardous substance” does not include any form of alcohol or ethanol.
[PL 2019, c. 331, §2 (NEW); PL 2019, c. 528, §16 (NEW).]
4-P. Long-term care facility. “Long-term care facility” means a hospice provider facility licensed under chapter 1681; a nursing facility licensed under chapter 405; an assisted living facility licensed under chapter 1663 or 1664; or a facility or program licensed under chapter 1663 that provides care for a qualifying patient in accordance with section 2423?A, subsection 1, paragraph F?1, subparagraph (2).
[PL 2019, c. 331, §2 (NEW); PL 2019, c. 528, §16 (NEW).]
4-Q. Manufacture or manufacturing. “Manufacture” or “manufacturing” means the production, blending, infusing, compounding or other preparation of cannabis concentrate and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis.
[PL 2019, c. 331, §2 (NEW); PL 2019, c. 528, §16 (NEW); PL 2021, c. 669, §5 (REV).]
4-R. Manufacturing facility. “Manufacturing facility” means a registered tier 1 or tier 2 manufacturing facility or a person authorized to engage in cannabis extraction under section 2423?F.
[PL 2019, c. 331, §2 (NEW); PL 2019, c. 528, §16 (NEW); PL 2021, c. 669, §5 (REV).]
4-S. Cannabis concentrate. “Cannabis concentrate” means the resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. “Cannabis concentrate” does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D or any compound, manufacture, salt, derivative, mixture or preparation therefrom.
[PL 2021, c. 293, Pt. A, §26 (RPR); PL 2021, c. 669, §5 (REV).]
4-T. Immature plant canopy. “Immature plant canopy” means the total surface area within a cultivation area where immature cannabis plants are growing. The surface area of the immature plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the immature plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, the surface area of each tier or shelf must be included in calculating the area of the immature plant canopy. Calculation of the surface area of the immature plant canopy may not include the areas within the cultivation area that are not used at any time to cultivate immature cannabis plants.
[PL 2021, c. 662, §3 (NEW); PL 2021, c. 669, §5 (REV).]
4-U. Cannabis tincture. “Cannabis tincture” means a solution that is intended to be consumed orally and is prepared from harvested cannabis blended with an edible solvent.
[PL 2021, c. 662, §4 (NEW); PL 2021, c. 669, §5 (REV).]
5. Medical use. “Medical use” means the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient’s medical diagnosis or symptoms for which a medical provider has provided the qualifying patient a written certification under this chapter.
[PL 2017, c. 452, §3 (AMD); PL 2021, c. 669, §5 (REV).]
5-A. Member of the family. “Member of the family” means a person who is a resident of the State and who is a spouse, domestic partner, child, sibling, aunt, uncle, niece, nephew, parent, stepparent, grandparent or grandchild of another person. “Member of the family” includes a person who is a resident of the State and who is living with a person as a spouse and a natural parent of a child of a person.
[PL 2017, c. 452, §3 (AMD).]
5-B. Members of the same household. “Members of the same household” means 2 or more people who are residents of the State and who reside in a shared dwelling unit.
[PL 2017, c. 452, §3 (AMD).]
5-C. Cannabis testing facility. “Cannabis testing facility” means a public or private laboratory that:
A. Is authorized in accordance with section 2423?A, subsection 10 to analyze contaminants in and the potency and cannabinoid profile of samples; and [PL 2017, c. 447, §2 (AMD); PL 2017, c. 452, §3 (AMD).]
B. Is accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party accrediting body or is certified, registered or accredited by an organization approved by the department. [PL 2015, c. 475, §3 (NEW).]
[PL 2017, c. 447, §2 (AMD); PL 2017, c. 452, §3 (AMD); PL 2021, c. 669, §5 (REV).]
6. Registered dispensary or dispensary. “Registered dispensary” or “dispensary” means an entity registered under section 2425?A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses cannabis plants or harvested cannabis or related supplies and educational materials to qualifying patients and the caregivers of those patients.
[PL 2019, c. 331, §3 (AMD); PL 2021, c. 669, §5 (REV).]
6-A. Onsite assessment.
[PL 2011, c. 407, Pt. B, §8 (RP).]
6-B. Officer or director. “Officer or director” means, when used with respect to any nonprofit, for-profit or other organization governed by this chapter, a director, manager, shareholder, board member, partner or other person holding a management position or ownership interest in the organization.
[PL 2017, c. 452, §3 (NEW).]
7. Physician. “Physician” means a person licensed as an osteopathic physician by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or a person licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs.
[PL 2009, c. 631, §14 (AMD); PL 2009, c. 631, §51 (AFF).]
7-A. Physician assistant. “Physician assistant” means a person licensed as a physician assistant by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or a person licensed as a physician assistant by the Board of Licensure in Medicine pursuant to Title 32, chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs.
[PL 2017, c. 452, §3 (NEW).]
7-B. Mature plant canopy. “Mature plant canopy” means the total surface area within a cultivation area where mature cannabis plants are growing. The surface area of the mature plant canopy must be calculated in square feet and measured using the outside boundaries of the area and must include all of the area within the boundaries. If the surface area of the mature plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, the surface area of each tier or shelf must be included in calculating the area of the mature plant canopy. Calculation of the surface area of the mature plant canopy may not include the areas within the cultivation area that are not used at any time to cultivate mature cannabis plants.
[PL 2021, c. 662, §5 (AMD); PL 2021, c. 669, §5 (REV).]
8. Primary caregiver.
[PL 2009, c. 631, §15 (RP); PL 2009, c. 631, §51 (AFF).]
8-A. Caregiver. “Caregiver” means a person or an assistant of that person that provides care for a qualifying patient in accordance with section 2423?A, subsection 2.
[PL 2017, c. 452, §3 (AMD).]
9. Qualifying patient. “Qualifying patient” or “patient” means a person who has been a resident of the State for at least 30 days and who possesses a valid written certification regarding medical use of cannabis in accordance with section 2423?B.
[PL 2017, c. 452, §3 (AMD); PL 2021, c. 669, §5 (REV).]
9-A. Registration certificate. “Registration certificate” means a document issued by the department that identifies an entity as an entity that has registered with the department in accordance with this chapter.
[PL 2017, c. 452, §3 (NEW).]
9-B. Remuneration. “Remuneration” means a donation or any other monetary payment received directly or indirectly by a person in exchange for goods or services as part of a transaction in which cannabis is transferred or furnished by that person to another person.
[PL 2017, c. 452, §3 (NEW); PL 2021, c. 669, §5 (REV).]
10. Registered nonprofit dispensary.
[PL 2017, c. 452, §3 (RP).]
11. Registered caregiver. “Registered caregiver” means a caregiver who is registered by the department pursuant to section 2425?A.
[PL 2017, c. 452, §3 (AMD).]
12. Registered patient. “Registered patient” means a qualifying patient who is registered by the department pursuant to section 2425?A.
[PL 2017, c. 452, §3 (AMD).]
13. Registry identification card. “Registry identification card” means a document issued by the department that identifies a person as a person who has registered with the department in accordance with this chapter.
[PL 2017, c. 452, §3 (AMD).]
13-A. Tamper-resistant paper. “Tamper-resistant paper” means paper that possesses an industry-recognized feature that prevents copying of the paper, erasure or modification of information on the paper and the use of counterfeit documentation.
[PL 2011, c. 407, Pt. B, §13 (NEW).]
13-B. Resident of the State. “Resident of the State” means a person who is domiciled in the State.
[PL 2017, c. 452, §3 (NEW).]
13-C. Tamper-evident. “Tamper-evident” means, with respect to a device or process, bearing a seal, a label or a marking that makes unauthorized access to or tampering with a package, product or container easily detectable.
[PL 2017, c. 452, §3 (NEW).]
14. Prepared marijuana.
[PL 2017, c. 452, §3 (RP).]
14-A. Sample. “Sample” means a cannabis plant or harvested cannabis that is provided for testing or research purposes to a cannabis testing facility.
[PL 2019, c. 331, §4 (RPR); PL 2021, c. 669, §5 (REV).]
14-B. Seedling. “Seedling” means a cannabis plant or rooted cutting that is:
A. Not flowering; [PL 2021, c. 251, §3 (NEW).]
B. Less than 24 inches in height; and [PL 2021, c. 251, §3 (NEW).]
C. Less than 24 inches in width. [PL 2021, c. 251, §3 (NEW).]
[PL 2021, c. 251, §3 (AMD); PL 2021, c. 669, §5 (REV).]
14-C. Telehealth services. “Telehealth services” means health care services delivered through the use of information technology. “Telehealth services” includes synchronous encounters, store and forward transfers, telemonitoring and asynchronous encounters.
As used in this subsection, the following terms have the following meanings.
A. “Asynchronous encounter” means an interaction between an individual and a medical provider through a system that has the ability to store digital information, including, but not limited to, still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the individual and the medical provider. [PL 2021, c. 662, §6 (NEW).]
B. “Store and forward transfer” means the transmission of an individual’s records through a secure electronic system to a medical provider. [PL 2021, c. 662, §6 (NEW).]
C. “Synchronous encounter” means a real-time interaction conducted with an interactive audio or video connection between an individual and a medical provider or between a medical provider and another medical provider. [PL 2021, c. 662, §6 (NEW).]
D. “Telemonitoring” means the use of information technology to remotely monitor an individual’s health status via electronic means, allowing the medical provider to track the individual’s health data over time. [PL 2021, c. 662, §6 (NEW).]
[PL 2021, c. 662, §6 (NEW).]
14-D. Timely filed. “Timely filed” means, with respect to an application submitted for renewal of a registry identification card or an application submitted for renewal of a registration certificate, that the applicant submits a complete application to the department no sooner than 60 days and no later than 30 days prior to the expiration date of the current registry identification card or the current registration certificate.
[PL 2021, c. 662, §7 (NEW).]
15. Visiting qualifying patient. “Visiting qualifying patient” means a patient who is authorized for the medical use of cannabis in this State in accordance with section 2423?D and who is not a resident of the State or who has been a resident of the State less than 30 days.
[PL 2017, c. 452, §3 (AMD); PL 2021, c. 669, §5 (REV).]
16. Written certification. “Written certification” means a document signed by a medical provider and issued to a qualifying patient in accordance with section 2423?B, or a digital image of that document issued by the medical provider that meets the requirements of section 2423?B, subsection 4, that states that, in the medical provider’s professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient’s medical diagnosis or symptoms associated with the medical diagnosis.
[PL 2021, c. 662, §8 (AMD); PL 2021, c. 669, §5 (REV).]
17. Cannabis paraphernalia. “Cannabis paraphernalia” means equipment, products, devices and materials that are used for planting, propagating, cultivating, harvesting, processing, preparing, testing, packaging or storing cannabis for medical use or used for ingesting, inhaling or otherwise consuming cannabis for medical use. “Cannabis paraphernalia” includes, but is not limited to:
A. Kits used for planting, propagating, cultivating or harvesting a cannabis plant; [PL 2023, c. 6, §1 (NEW).]
B. Isomerization devices used for adjusting the potency of a cannabis plant; [PL 2023, c. 6, §1 (NEW).]
C. Testing equipment used for identifying or analyzing the potency, effectiveness or purity of a cannabis plant or harvested cannabis; [PL 2023, c. 6, §1 (NEW).]
D. Scales and balances used for weighing or measuring harvested cannabis; [PL 2023, c. 6, §1 (NEW).]
E. Separation gins and sifters used for removing twigs and seeds from, or in otherwise cleaning or refining, harvested cannabis; [PL 2023, c. 6, §1 (NEW).]
F. Envelopes and other containers used for packaging small quantities of harvested cannabis for medical use; [PL 2023, c. 6, §1 (NEW).]
G. Containers and other objects used for storing harvested cannabis; [PL 2023, c. 6, §1 (NEW).]
H. Rolling papers, cigarette papers or wraps used for rolling harvested cannabis for smoking; [PL 2023, c. 6, §1 (NEW).]
I. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, chillums or punctured metal bowls used for smoking harvested cannabis; and [PL 2023, c. 6, §1 (NEW).]
J. Electronic smoking devices used for simulating the smoking of harvested cannabis or cannabis products through the inhalation of vapor or aerosol from the device. [PL 2023, c. 6, §1 (NEW).]
[PL 2023, c. 6, §1 (NEW).]
SECTION HISTORY
IB 2009, c. 1, §5 (NEW). PL 2009, c. 631, §§8-19 (AMD). PL 2009, c. 631, §51 (AFF). PL 2011, c. 407, Pt. B, §§1-15 (AMD). PL 2013, c. 361, §1 (AMD). PL 2013, c. 396, §1 (AMD). PL 2013, c. 503, §1 (AMD). PL 2013, c. 516, §§1-5 (AMD). PL 2015, c. 475, §§1-5 (AMD). PL 2017, c. 409, Pt. E, §2 (AMD). PL 2017, c. 447, §§1-3 (AMD). PL 2017, c. 452, §3 (AMD). PL 2019, c. 217, §1 (AMD). PL 2019, c. 256, §1 (AMD). PL 2019, c. 331, §§1-4 (AMD). PL 2019, c. 528, §§12-16 (AMD). PL 2021, c. 251, §§1-3 (AMD). PL 2021, c. 293, Pt. A, §§25, 26 (AMD). PL 2021, c. 662, §§1-8 (AMD). PL 2021, c. 669, §3 (AMD). PL 2021, c. 669, §5 (REV). PL 2021, c. 676, Pt. A, §33 (AMD). PL 2023, c. 6, §1 (AMD).