Maine

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Initiative seeks new medical pot law

Saturday, June 24, 2006 - <a href=http://www.bangornews.com/news/templates/?a=136409 title="http://www.bangornews.com/news/templates/?a=136409" taret=_blank>Bangor Daily News</a>

MADISON - By early March 2008, tens of thousands of Maine people who suffer from debilitating diseases and chronic pain could find relief in a county marijuana store - a pharmacy that would supply pot to patients who can document that their conditions warrant self-medication, a marijuana advocate said Friday.

"Many, many Maine people don't smoke pot for a good time; they smoke to relieve pain and suffering," Don Christen of Madison said Friday.

Christen launched a petition drive on Friday to get a marijuana initiative on the November 2007 ballot. The petition will require 51,000 valid signatures to be turned into the secretary of state by January 25, 2007, to be on the ballot that fall.

According to an eight-year-old study by the Maine Task Force on Substance Abuse, 95,000 Maine adults routinely use marijuana. Christen, leader of Maine's legalization of marijuana movement, said that figure is underestimated and that a large percentage of those users are patients seeking relief.

Christen, 52, has lobbied for pot for decades. He has been arrested for cultivation, possession and distribution and is awaiting trial in Somerset County for providing pot to five people suffering from debilitating diseases under Maine's Medical Marijuana Initiative, passed in November 1999.

Maine is one of 11 states that permits the medical use of marijuana, including Alaska, California, Colorado, Hawaii, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington.

But the law passed by Maine citizens is flawed, Christen maintained.

"The problem is there is no provision for a distribution system," he said Friday. "When people voted in 1999, they thought they were getting a plan that would work and they didn't."

The new initiative not only sets up such a system, it also would require the state to offer educational leaflets, provide protection for doctors and providers that prescribe marijuana to their patients, and, for the first time, set a final definition of marijuana for the state.

The initiative would allow up to 6 pounds per patient per year, an amount set by the federal government that allows 1 gram joints for its marijuana patients.

"That's 5.7 pounds per year," Christen said. "A patient would use six to seven joints a day, depending on their illness."

Christen said many sick people don't use the existing program because they are scared.

"The potential for abuse is minimal, compared to the benefit for patients," he said. "What we are talking about is helping sick people get pot and keeping them away from the black market and its exorbitant prices."

Since Maine already has decriminalized marijuana, Christen maintained that the state has the right to establish a distribution system. By setting up nonprofit outlets that would stock marijuana grown by authorized providers, insurance companies could be required to pay for the herbal medication. The proposal is to have stores called "buyers clubs" in all cities with more than 25,000 people and one in each county.

Christen said the initiative has built-in protection for prescribing doctors. "That has to turn some heads," he said.

"This initiative will be the model for the country," Christen predicted. "We used math and science to find out what people needed. There is nothing like this. This will be a Maine law, for Maine citizens."

Anyone who wants to volunteer to circulate petitions can contact Christen at 696-8167 or check www.mainevocals.net.

[budman]

Man charged again for pot cultivation

Tuesday, July 04, 2006 - Bangor Daily News

OLD TOWN - William "Billy" Waechter says he grows and smokes marijuana to help him cope with his debilitating multiple sclerosis. Authorities say his small but obvious pot growth outside his home is not only illegal but signals to others, including children, that it's OK to use marijuana.

On Monday, for the second time in about three years, police summoned Waechter, 45, for cultivating marijuana. This time they seized 15 marijuana plants that Waechter freely admitted he had been growing in a red-and-white planter behind his carport outside his house.

Assisted by police from Orono and the Penobscot Indian Nation, Old Town police executed a search warrant at about 7:20 p.m. at Waechter's home at 14 French St., a modest white house with red trim.

Authorities were there about an hour, at which time they uprooted the plants outside the home and took marijuana pipes and other paraphernalia from inside the home, Old Town police Officer Seth Burnes said.

Authorities charged Waechter with cultivating marijuana, sale and use of drug paraphernalia and possession of a usable amount of marijuana. Under a new law, the cultivation law was upgraded to a felony because the marijuana plants were found within 1,000 feet of a playground, considered a safe zone, the officer said.

Despite all the police attention, Waechter insisted Monday night that he pays taxes, doesn't cause trouble and "I am not a bad person."

Formerly a self-employed building contractor, Waechter said he can't walk now and uses a scooter to get around, including down the ramp to his carport where he tended the marijuana plants.

He first came to realize in 2000 that he had MS, a chronic, often disabling disease of the central nervous system for which there is no cure.

Although he has smoked marijuana on and off since the early 1970s, Waechter said that a friend in 2003 recommended he try marijuana for MS.

Smoking it doesn't help with the effects of MS, but it leaves him relaxed and at peace, helping him cope with his struggles with the disease.

Maine is one of 11 states that permits the medical use of marijuana with a prescription.

But a doctor refused to give Waechter a prescription for marijuana, he said, so he began growing it himself. After his conviction and $200 fine in 2004 for cultivating marijuana, Waechter said he stopped, but resumed earlier this year.

He said he wants people to look at the big picture.

"I really think that this is an issue that American society needs to look at," he said.

Authorities are also talking about the big picture.

Burnes said even with a prescription for medical marijuana, Waechter can't grow it, something he was well aware of in light of his previous conviction.

The plants were easily visible from the street traveled by children and teenagers and a neighbor said Monday that Waechter would boast about smoking marijuana.

Burnes questioned what signal the police would be sending to young people if they ignored the marijuana, which is considered a gateway drug, one that leads to other, more severe drug habits.

"It's obviously not something that we are going to take lightly and let happen," Burnes said.

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Rx drug abuse surging in Maine

By Diana Graettinger

Saturday/Sunday, October 28-29, 2006
By Diana Graettinger
Bangor Daily News


CALAIS - They may alleviate pain, but they are also a pain in the neck for local law enforcement agencies.

Legitimate prescription pain pills such as OxyContin have found their way out of medicine cabinets and into the hands of abusers at an alarming rate in Maine, according to experts.

Some drugs have been diverted by those holding prescriptions; others have been stolen from legitimate users.

The numbers are startling as law enforcement officials, members of the medical community and social agencies learned Friday at a daylong conference called Prescription Drugs Issues and Actions, sponsored by the Calais Weed and Seed initiative and Neighbors Against Drug Abuse.

The event was held at the St. Croix Country Club and attracted some 70 participants.

"In states looking at how pharmaceuticals related to violent crime for the past four years, Maine has been Number One," said Dr. Stevan Edward Gressitt, noting 35.3 percent of drug-related violent crimes in the state are related to prescription drugs, up from 26.8 percent in 2002 [compared with other drugs like cocaine, heroin and marijuana]. Gressitt is medical director of the Northeast Occupational Exchange in Bangor.

"When it comes to [prescription drug-related] property crime, Maine has gone from third place in 2003 to first place in 2004 and has maintained first place with a nine-point increase in this past year as well," he said.

Gressitt said there is no sign the trend is leveling off.

"The entire trend is upward for pharmaceuticals being the greatest specific drug threat for the state of Maine," he said. "They are the drugs of greatest availability in the state of Maine as opposed to other kinds of drugs."

And the drugs come from a variety of sources that include doctors who overprescribe; patients with legitimate prescriptions who divert; changes in prescriptions and the old pills are not disposed of; and leftover prescriptions from people who have died.

"In 2004, it was perceived to be easier to get drugs in Maine than any other state. In 2005 and 2006 we dropped a bit, but anybody want to argue that 10th of a point?" Gressitt said.

The numbers were compiled by the National Drug Intelligence Center in Johnstown, Pa.

Solutions are needed. "The issue is, At what point will there be an approach that will involve the medical community, the law enforcement community and the insurance industry for specific policies which drives some of this problem?" he said.

The state has stepped in with a solution — a partial one at least.

The days of flushing pills down the drain are no longer an option because of the impact on the environment. Dumping them into landfills spreads the risk of diversion. "There are examples of where that’s actually occurred where people have gone through landfills looking for pill bottles," Gressitt said.

The Maine Legislature has offered an unfunded solution to "take back" pills.

"This is the first law in the nation regarding the disposal of unused prescription drugs," Attorney General Steve Rowe said Friday. "This new law designates the Maine Drug Enforcement Agency as the administrator. ... This law requires that prepaid mailing envelopes are used and made available to the public at various locations."

The bill also allows for pills to be returned to a single collection point.

Rowe talked about the "take-back" program for Maine communities. Recently, South Portland held one and collected 55,000 pills in one day. The plan calls for communities to designate a site where unused prescription pills can be turned in.

There are guidelines:<ul><li>One uniformed law enforcement officer must be present during the take-back program.</li>

<li>Only pills and tablets can be collected.</li>

<li>Only medications generated through normal household use are collected.</li>

<li>If possible, medications should be collected in their original packages.</li>

<li>Prescription privacy should be maintained by obliterating the name of the user on the package.</li></ul>After the event, the collection containers are sealed and the law enforcement officer is to handle and store the container of medications in the same manner as evidence seized in a criminal case, Rowe said. The medications are then turned over to MDEA.

[palmspringsbum]

<span class=postbold>Drug War Chronicle - world’s leading drug policy newsletter</span>

Marijuana: Lowest Priority Initiatives Coming to Maine

from Drug War Chronicle, Issue #463, 12/1/06

Maine is set to become the latest state to try passing local initiatives to make adult marijuana use the lowest law enforcement priority. A state group with affiliations with the Marijuana Policy Project, the Maine Marijuana Policy Initiative (MMPI), has submitted petitions to officials in five western Maine towns, and is already set to go to the polls in Sumner. Town meetings in Farmington, Paris, West Paris and Athens, where petitions have been delivered to local officials, may also consider the initiatives next year.

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg width=300 src=bin/maine_lowest-priority-ad.jpg alt="Maine campaign ad"></tr></td></table>Maine activists are starting small, but thinking big, MMPI executive director Jonathan Leavitt told the Associated Press. "The purpose of the ordinance is to let the county, state and federal government know that many people believe the marijuana laws are not working," Leavitt said.

Lowest priority initiatives have proven extremely successful since first pioneered in Seattle in 2003. Cities that have passed such initiatives now include Oakland, Santa Barbara, Santa Cruz, and Santa Monica, California; as well as Columbia, Missouri; Eureka Springs, Arkansas; and Missoula, Montana.

But Farmington, Maine, Police Chief Richard Caton didn't think much of the idea. Who knows what kind of people might be attracted to town, he warned the AP. Also, the chief said, police would be caught between local and state and federal law. "A better way, if this is the sentiment of the people, is to change the state and federal laws," he said.

The Maine lowest priority ordinances would prohibit communities from accepting federal funds that would be used to enforce the marijuana laws and would require police to submit reports on the number and type of marijuana arrests to each municipality that adopts the ordinance, he said. Municipal officials would be required to notify state and federal officials they want to see marijuana taxed and regulated, not prohibited.

Lt. Hart Daley of the Oxford County Sheriff's Department didn't like the sound of that. "We still consider drug offenses on the top of the list of our priorities," Daley said.

Attitudes like Daley's are why local initiatives are only the beginning.

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Lawmakers hear arguments on salvia ban

By Meg Haskell
Wednesday, January 23, 2007 - Bangor Daily News


AUGUSTA — Lawmakers on the Criminal Justice Committee had a chance Monday to get a good, close look at some Salvia divinorum, a hallucinogenic drug that’s legal in Maine but generally not encountered at the State House.

Bangor smoke shop owner Christopher Ruhlin pulled a half-ounce ziplock bag of the smokable dried leaves out of his pocket and offered to pass it around the committee table during his testimony against a proposal to ban the material in Maine.

The lawmakers demurred, but freshman Rep. Dawn Hill, D-York, later asked Ruhlin to leave it for the work session, which has not yet been scheduled.

The bill, LD 66, seeks to ban the use, sale or possession of Salvia divinorum and its active ingredient, known as Salvinorin A.

If passed, the measure would put salvia on a legal par with marijuana in Maine, without marijuana’s medical exemption. Currently a person in Maine can legally possess a usable amount of marijuana with proof of a physician’s recommendation. Possession of salvia for personal use would be a Class E crime; trafficking or furnishing to others would be a Class D crime.

Bill sponsor Chris Barstow, D-Gorham, told the committee that salvia has not been studied extensively, but that its hallucinogenic nature alone is enough to raise alarms about its safety.

The drug is often compared to LSD, he said, and users may lose track of where they are and who they are, not recognize friends or family, and in other ways "find themselves in negative situations."

While the federal government has listed salvia only as a "drug of concern" and has not made it illegal, Barstow said Maine should join a handful of other states in protecting young people and communities from the substance.

Kim Johnson of the Maine Office of Substance Abuse told the committee that salvia was virtually unknown in Maine until the mid-1990s.

"Some people find it frightening and unpleasant," she said, but its use continues to grow. Johnson said videotapes of people under the influence of salvia can be found on the popular YouTube Internet site.

Eventually, she said, the federal Drug Enforcement Agency will ban salvia, but Maine should not wait to send the message that using salvia is dangerous and illegal.

Other proponents of a ban included representatives of the pharmacy industry, the Maine Association of Prevention Programs, and the Maine Drug Enforcement Agency.

Tim Russell of Sidney said salvia offers a legal alternative to psychedelics such as mescaline and psilocybin, and that it "just doesn’t make sense" not to ban it.

But Ruhlin, who owns Herbal Tea and Tobacco in Bangor, argued that adults should have legal access to "soft drugs" like alcohol and marijuana that help them relax or bring them pleasure.

He said society needs to recognize the distinction between using drugs responsibly, abusing them and being addicted, and he noted that an existing legal infrastructure protects citizens against people who use substances irresponsibly, such as drunken drivers.

Ruhlin said a total ban would mean people of any age who want salvia would have to purchase it illegally from dealers who also sell much more dangerous drugs such as prescription narcotics. He said he supports regulating sales of salvia to people age 18 and older, instead of criminalizing it altogether.

Also speaking against the bill was Mike Conlon of Berwick, who said lawmakers should concern themselves with more important matters than banning a relatively safe drug that hasn’t caused any significant problems in Maine.

In a mobile phone conversation Monday evening, Rep. Hill said she asked Ruhlin to leave the bag of commercially labeled salvia behind so she could get a better look at it.

"He went to the trouble of bringing it down for us," she said. "Why shouldn’t we look at it? I figure the more information I have when it’s time to make a decision on this, the better."

The drug will be stored in the committee room along with documents pertaining to the bill, she said.

[palmspringsbum]

Groups seek pot law expansion


By Morning Sentinel staff

02/03/2008

<table class=posttable align=right width=149><tr><td class=postcell><img class=postimg src=bin/christen_donald.jpg alt="VOCAL: Donald Christen, founder of the Maine Vocals, is an active advocate for the legalization of marijuana for medical use. "></td></tr></table>MADISON -- As Donald Christen remembers it, his father was the one who helped him decide to advocate for legalized marijuana.

It happened one day about 20 years ago when Christen, 54, and some friends were at his dad's house complaining about laws banning marijuana. Finally, his father chimed in.

"'You guys ought to stop your (complaining). If you don't like the law you should get it changed,'" Christen remembers his father saying.

Christen has never looked back.

Two groups that Christen is associated with are preparing to circulate petitions to allow expanded marijuana use in Maine.

Maine Citizens for Medical Marijuana calls for an expansion of the state's existing medical marijuana law. The Maine Vocals plan to circulate a petition that simply aims to legalize marijuana.

If those petitions pass muster with the secretary of state's office, they will join another that has been circulating since November.

Maine Citizens for Patients' Rights proposes creating a system of nonprofit dispensaries to provide qualifying patients with marijuana.

As the founder of Maine Vocals, an organization that advocates the legalization of marijuana, and the organizer of a series of marijuana-theme concerts, Christen has a long record of pushing for marijuana legalization, as well as a lengthy history of run-ins with the law for growing and trafficking.

Those convictions, along with his sometimes confrontational style, have made Christen a controversial advocate for marijuana. But nationwide, there is evidence of growing support for the medical use of marijuana, particularly for cancer and AIDS patients.

Twelve states now have laws that allow the use of marijuana for specific medical conditions, including nausea and wasting and other symptoms associated with treatment of cancer and HIV/AIDS. Two of those states -- New Mexico and Rhode Island -- passed laws in the last two years.

State officials, however, say that the use of marijuana as therapy is problematic at best.

New drugs that are safer and more effective than marijuana have greatly weakened the case for its medical use. Prosecutors and law enforcement say Maine's existing law -- passed by referendum in 1999 -- is often used as a shield by dealers.

In the end, voters will decide -- if marijuana advocates have their way.

Christen said Maine's current medical marijuana law pushes patients to become criminals.

He said marijuana is less dangerous than alcohol and should never have been made illegal in the first place.

Prohibition has only served to criminalize users who are otherwise law-abiding people, said Christen. If marijuana were legal, he said, it could provide tax revenues for the state and a source of income for growers.

Whatever the rationale, there is evidence that allowing medical use of marijuana, or simply making it legal, is gaining popularity. Polls taken by the Gallup organization have shown support for legalizing marijuana has increased from 12 percent in 1969 to 36 percent in 2005, according to an article by that organization.

A 2004 AARP poll of people 45 and older found that 72 percent believe patients should be able to use marijuana if a physician recommends it.

Despite its improving image, however, state officials, including Gov. John Baldacci and State Health Officer Dr. Dora Anne Mills, say expanding the state's medical marijuana law is not a good idea.

Mills said that while she has not seen the specific petitions, she has testified against past proposals to expand the use of medical marijuana.

There is some evidence that marijuana can provide potential benefits for certain narrowly defined conditions -- including nausea and wasting -- but the case for using marijuana to treat even those conditions has weakened as alternative medicines have become available, she said.

"My impression is there is less of a medical need now than there was 20 years ago," said Mills.

As a drug, marijuana is poorly understood, she said.

More research is needed to understand the active ingredients in the plant and to determine the safest delivery system for those ingredients, Mills said.

Smoking marijuana is also problematic because of the toxins in marijuana smoke and because a doctor cannot control the precise dose that a patient uses, said Mills.

Then there are the known risks, including impaired judgment and memory loss from long-term use.

"I do feel that the federal government needs to do more research, but in the meantime, I do not think we should be promoting medical marijuana," she said.

Dan Cashman, a spokesman for Baldacci, said the governor has not seen the petitions, but in general opposes legalizing marijuana.

While Baldacci respects the right of Maine people to pass a medical-marijuana law, the statute puts the state in conflict with federal laws and the governor believes it should not be expanded, said Cashman.

Kennebec County Sheriff Randall Liberty said he remains convinced that marijuana is a "gateway drug" that can lead young people in the wrong direction even though users don't face the risk of death in case of an overdose.

"As a society we have already made the mistake of legitimizing alcohol and tobacco use," which kill hundreds of thousands of people a year, said Liberty. Maine has decriminalized possession of 1.25 ounces of the drug, and Liberty said he has no reason to believe the state's medical-marijuana law is not adequate for the needs of patients.

Drug dealers also try to hide behind the law, claiming that large quantities are meant for medicinal use, he said.

Kennebec and Somerset County District Attorney Evert N. Fowle calls the existing law "a mess," but said that is where his agreement with Christen ends.

As it is written, the law allows people whose ultimate goal is to legalize marijuana to use the law as a shield, said Fowle.

It can be difficult for police to determine if someone who is growing marijuana qualifies under the law and if they are in compliance.

Rather than expand the law, however, the prosecutor said the state should "go back to the drawing board" and decide whether a law is needed at all. If one is, the state can construct a measure with very strict controls.

Jonathan Leavitt, coordinator for Maine Citizens for Patients' Rights, believes the way to help police determine who qualifies for medical marijuana is to use an identification-card system.

Leavitt said Maine's existing medical-marijuana law is unworkable because while it allows patients to grow a maximum of six plants -- three of which can be flowering -- and to possess some marijuana, it does not provide a legal means for patients to acquire seeds or marijuana.

"There is no mechanism in the law for patients to access their medicine," he said.

Many patients are not in a position to grow their own or don't have the skills or space.

"How are they going to access it without breaking the law?" he asked.

Leavitt said his organization's petition calls for nonprofit dispensaries to provide marijuana to patients. Those dispensaries would be licensed by the state. Patients would have ID cards that they could show to law enforcement officers to prove they qualify under Maine's law.

There is a growing body of research that shows that marijuana is effective in many ways and he said that for patients with several conditions, having access to it is a lifestyle issue.

"This is real for people who are dealing with chemotherapy, who are HIV positive," said Leavitt. "A lot of times they can't hold food down if they don't have THC (an active ingredient in marijuana) in their system."

The prohibition of marijuana use has been an expensive failure, said Leavitt. In the long term, he said his organization is not content with just streamlining Maine's medical marijuana law.

"Our end goal is to create enough space so that the whole policy can be re-examined," Leavitt said.

Alan Crowell -- 474-9534, Ext. 342

[palmspringsbum]

Medical pot law goes far enough


The Morning Sentinel
02/06/2008

Man, these guys are persistent. If your characterization of pot-smoking adults includes the term "laid back," think again.

Maine Citizens for Medical Marijuana, the Maine Vocals and Maine Citizens for Patients' Rights are three groups dedicated to expanding the use of marijuana in the state.

Dissatisfied with a state law that allows the controlled use of marijuana to alleviate the symptoms of certain medical conditions, the groups are advocating everything from the establishment of marijuana dispensaries to outright legalization of the stuff. They've got T-shirts you can buy, a series of "marijuana-themed" concerts has been organized, and they're about to circulate petitions to get their issues on the ballot.

We're with the American Medical Association on this issue. It endorses the very limited use of smoked marijuana for patients with "debilitating symptoms" over a period of only six months, while at the same time recommending that marijuana remain a controlled substance.

It calls for further studies of the drug and related substances to determine possible efficacy, it urges the National Institutes of Health to facilitate such clinical research and it asks that the NIH support the development of a smoke-free inhaled delivery system for marijuana in order to minimize the toxic health effects of inhaled smoke.

Maine's current law allowing limited marijuana use for very sick patients goes far enough. Until further research demonstrates a compelling medical need to expand that law, we suggest that the members of the various groups advocating expansion just chill, man.

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Drug war doesn't fight crime, it fuels crime

The Kennebec Journal
2/15/2008


Regarding your Feb. 6 editorial -- not only should medical marijuana be made available to patients in need, but adult recreational use should be regulated.

Drug policies modeled after alcohol prohibition have given rise to a youth-oriented black market. Illegal drug dealers don't ID for age, but they do recruit minors immune to adult sentences. So much for protecting the children.

Throwing more money at the problem is no solution.

Attempts to limit the supply of illegal drugs while demand remains constant only increase the profitability of drug trafficking. For addictive drugs like heroin, a spike in street prices leads desperate addicts to increase criminal activity to feed desperate habits.

The drug war doesn't fight crime, it fuels crime.

Taxing and regulating marijuana, the most popular illicit drug, is a cost-effective alternative to never-ending drug war. As long as marijuana distribution remains in the hands of organized crime, consumers will continue to come into contact with hard drugs like heroin.

This "gateway" is the direct result of a fundamentally flawed policy.

Given that marijuana is arguably safer than alcohol -- the plant has never been shown to cause an overdose death -- it makes no sense to waste tax dollars on failed policies that finance organized crime and facilitate hard drug use.

Drug policy reform may send the wrong message to children, but I like to think the children are more important than the message.

Robert Sharpe
Policy Analyst
Common Sense for Drug Policy
Washington, D.C.

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21 Mar 2009

When Attorney General Eric Holder announced that drug enforcement authorities will end raids on medical marijuana suppliers in California, patients and activists cheered. Thirteen states, including Maine, have adopted medicinal marijuana laws similar to California's. Now how might those states work toward regulating the drug?

http://www.npr.org/templates/story/stor ... =102205799

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Legislature to Decide on Medical Marijuana Treatment

The Maine Public Broadcasting Network
March 23, 2009
Reported By: Susan Sharon

Sometime in the next couple of months, Maine lawmakers will take up a bill that could revolutionize the way medical marijuana patients are treated in Maine and how they get access to the drug. If the Legislature fails to approve the Maine Medical Marijuana Act, the measure will be headed for Maine voters this fall. That's because supporters have gathered more than 55,000 valid signatures to get it on the ballot. In the second part of our report on medical marijuana, Susan Sharon looks at what the initiative would do and how it would be regulated.

Listen

Maine, along with 12 other states including California, has had a medical marijuana law on the books for ten years. Maine voters approved it by a wide margin. But ever since the law was passed, patients have had no practical, legal way of accessing marijuana. First they have to find a doctor willing to recommend it as a treatment. Then they have to grow a few plants on their own or find someone willing to do it for them. So activists have launched a new initiative to legally distribute medical marijuana through non-profit, state-licensed dispensaries.

"It's just kind of odd that we would have a law on the books that says people can have it for medical use but there's no place to go to get it that's safe and legitimate and legal," says Ben Chipman, a volunteer with "Maine Citizens for Patients' Rights," which is spearheading the medical marijuana initiative.

As the group prepares to take its campaign before the Maine Legislature and onto voters, if necessary, Chipman is trying to sign up as many supporters as possible. He found several at a recent book signing by University of Southern Maine professor Wendy Chapkis, author of "Dying to Get High." Organizers say they'll need to raise at least $250,000 and probably much more to wage a successful statewide campaign. They say their plan for dispensaries is different from California's where distributors can sell medical marijuana for profit.

Roy McKinney, director of Maine's Drug Enforcement Agency says he's skeptical that medical marijuana can be tightly controlled here, even though the plan calls for licensing and oversight of dispensaries by the Department of Health and Human Services. "With these dispensaries, they're operating under the guise of being a pharmacy but there certainly isn't any of the governmental regulation to protect the public at large -- in regards to both public health and public safety aspect."

"I am not interested in listening to people who have wasted the taxpayers' resources on opposing the rights of patients to have medicine. I don't - I tend not to validate that criticism," says Jonathan Leavitt, Executive Director of the Maine Medical Marijuana Initiative. "The policy that's been in place and the policy that's been upheld by people in positions of law enforcement and power -- those policies have failed on every conceivable level."

The initiative proposed by Leavitt and the group Maine Citizens for Patient Rights directs DHHS to issue identification cards to patients who qualify for medical marijuana. The cards are voluntary. And they would also be issued to patients' primary caregivers, those who provide pot through the dispensaries. Each caregiver would be limited to five qualified patients and no more than six marijuana plants for each. The plants would be grown in a secure facility.

But Roy Mckinney says the very nature of these dispensaries will make them hard to police. He points to research from the California Police Association that highlights numerous problems with California's medical marijuana law and a white paper from the Riverside District Attorney's Office, "that in fact stated, and I'll quote: 'Medical marijuana storefront businesses have allowed criminals to flourish in California.' And I don't think that's anything that the people in Maine want," he says.

In addition to creating a dispensary system for medical marijuana, including registration and renewal fees to pay for it, Maine's initiative also expands the list of diseases and conditions eligible for medical marijuana treatment. Hepatitis C, Crohn's disease, ALS and chronic pain would be added.

And doctors who treat them could not be arrested or disciplined, something AIDS patient and medical marijuana activist Charles Wynott says is crucial for Maine's law to work. "We're creating more of a protector for the doctors so that the doctors are more willing and able to to discuss medical marijuana with their patients. Right now they're kind of shying away from it because of the federal -- you know, problems that they may or may not have."

Wynott himself has been arrested twice for marijuana possession, and both times he has successfully defended himself as a medical marijuana patient under Maine law. But marijuana is still illegal under federal law. And Wynott says many doctors in Maine and in other states with medical marijuana laws have been reluctant to treat patients with pot because of fear of being arrested or having their licenses challenged.

Recently, the Obama Administration signaled its willingness to end raids and prosecutions of marijuana distributors unless they violate both federal and state laws. Activists say this is a major step forward. But not for Guy Cousens, Director of the Maine Office of Substance Abuse at DHHS. He says his department will be opposing the Maine bill. "The entire office works at reducing access to illicit substances and that's one of the challenges that we have with the legislation, is that it creates opportunities for greater access for people to use."

Cousens says there are still no estimates on the number of patients that might be interested in using the dispensaries or how many dispensaries might be established. Without knowing that, he says, it's difficult to know how much it will cost to create the registry. A hearing date for the bill has not yet been scheduled.

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Opposition to marijuana ballot initiative forms

BY SUSAN M. COVER
Kennebec Journal & Morning Sentinel | 10/05/2009


AUGUSTA -- New opposition has emerged in the debate about Question 5, a proposed expansion of the state's medical-marijuana law that would allow nonprofit dispensaries to distribute the drug.

Don LaRouche, of Madison, a medical-marijuana patient, and the Maine Prosecutors Association recently took public stands against the measure, which will be on the Nov. 3 ballot.

LaRouche said he's the spokesman for Maine Citizens for Medical Marijuana, an offshoot of Maine Vocals, a group that has for years wanted to legalize marijuana.

On this campaign, LaRouche is opposing a citizen initiative brought forward by the Maine Marijuana Policy Initiative, a Lewiston-based group working to expand the current medical-marijuana law passed by voters in 1999.

"I've talked to people who have signed the petition and said they had no idea what was in it," he said. The ballot question adds to the number of medical conditions for which a physician can prescribe marijuana and allows the creation of nonprofit dispensaries. The state Department of Health and Human Services would oversee the dispensaries, and patients would have the option of getting an identification card to present to law enforcement to show they are medical users.

LaRouche said he has concerns about the ability of the department to oversee the program, the $5,000 cost for a dispensary registration and the identification card process.

Jonathan Leavitt, director of the marijuana initiative, said LaRouche represents a small splinter group that doesn't have patients' interests at heart.

"We think this question is way overdue," he said. "We're going to make this happen."

Leavitt said the ballot question addresses a loophole in current law that allows doctors to prescribe medical marijuana, but requires patients to grow it themselves. In reality, most people buy it on the black market, he has said.

The low-key campaign has thus far drawn sparse attention, although the prosecutors association voted late last month to formally oppose the measure.

Kennebec/Somerset District Attorney Evert Fowle, president of the association, said the group has numerous issues with the ballot question, and that they are worried that voters won't understand what is in the measure.

"Question 5 goes a lot farther than the innocent description voters are going to see at the polling place," Fowle said. The ballot question reads: "Do you want to change the medical marijuana laws to allow treatment of more medical conditions and to create a regulated system of distribution?"

Fowle said the bill allows a medical patient to get the equivalent of 200 marijuana cigarettes a month, would permit someone with several misdemeanor drug convictions to run a dispensary and restricts the power of judges in child-custody cases if one of the parents is a medical patient.

"This law reeks of paranoia that the entire criminal justice system is not to be trusted," he said.

The child-custody provision states that a medical-marijuana patient cannot be denied visitation or custody of a minor unless "that person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated."

Fowle said the proposal creates a "special provision" for medical-marijuana users that's not available to other parents.

The ballot measure came before the Legislature's Health and Human Services Committee earlier this year and the committee rejected the bill so it could go to a public vote. That's common procedure for citizen initiatives, four of which are on the Nov. 3 ballot.

LaRouche said he doesn't think the Department of Health and Human Services should be in charge of the dispensaries.

"People have issues with DHHS all the time," he said, adding that he thinks the program should be supervised by the state Department of Agriculture.

But Leavitt said the department is the proper agency to oversee the program because it's a medical issue.

"We understand people's fears," he said. "The whole point of this is it's a medical issue, pure and simple."

Also, LaRouche said the $5,000 fee to open a dispensary is too high and that he's worried about the identification cards. Leavitt said the cards are voluntary.

While the men disagree on the details of the bill, both say patients continue to need marijuana for debilitating medical conditions.

LaRouche said he uses marijuana to get relief from glaucoma and back spasms. Under current law, he is allowed to grow up to six plants.

"My eyes don't feel like they are going to be popping out of my head," he said. "I can sleep at night. It helps me cope. I don't have to take as many narcotics."

Susan Cover -- 620-7015

scover@centralmaine.com

[palmspringsbum]

Qualified patients need safe way to obtain medical marijuana

Jonathan Leavitt | Kennebec Journal & Morning Sentinel | 10/11/2009


In 1999, Mainers voted overwhelmingly to allow doctors to recommend marijuana to patients suffering from devastating diseases such as multiple sclerosis, cancer and human immunodeficiency virus (HIV).

Medicinal marijuana offers patients hope of relief from muscle spasms, extreme nausea and debilitating pain.

Since 1999, 23 studies have appeared in peer-reviewed journals demonstrating the efficacy of marijuana as a treatment for conditions ranging from neuropathic pain in HIV patients to bladder dysfunction in advanced multiple sclerosis. Without a doubt, this is a medicine that can greatly improve the quality of life of extremely sick people.

Qualified patients in Maine, however, still face tremendous obstacles to getting the medicine their doctors recommend -- obstacles that can prove insurmountable to some of the patients who would benefit most from marijuana.

Under current law, there is no safe and reliable way for patients to get marijuana. They must either grow their own -- a daunting prospect for someone immobilized by pain and muscles spasms and an impossible one for someone with just a few months left to live -- or buy it on the black market.

If they do manage to find marijuana to buy, patients are still subject to arrest, search and seizure of their medicine. They can be acquitted in court based on an argument of medical necessity, but often face protracted and expensive legal battles. They can lose their homes, their jobs and custody of their children just for using the medicine their doctors recommend.

This fall, Mainers will have a chance to remedy that situation by passing Question 5, a ballot initiative that would make overdue improvements to Maine's medical marijuana law.

Question 5 would:

* Establish a system of non-profit dispensaries to provide patients with safe access to medical marijuana. Patients would know the potency, growing conditions, variety and source of their medicine. Dispensaries would be overseen and tightly regulated by the state.

* Establish a voluntary identification card for medical marijuana patients and their caregivers. Patients and caregivers would be protected from arrest, search and seizure of their medicine unless police had evidence that they were abusing their status under the law.

* Provide new protections for qualified patients and providers in housing, education, employment and child custody -- unless a school, landlord, or employer would risk criminal or civil penalties or loss of federal funding as a result of complying with the law, or unless there would be clear safety issues.

* Allow patients with amyotrophic lateral sclerosis (Lou Gehrig's disease) and Alzheimer's disease access to medical marijuana and require the Department of Health and Human Services to develop a procedure for expanding the list of conditions for which marijuana can be used as new medical research becomes available.

Question 5 would not:

* It would not legalize marijuana. This law would do nothing to change the penalties for the use, possession, cultivation, distribution or sale of marijuana for any purposes except its use as a medicine for legally qualified patients under very specific conditions.

* It would not increase the availability of marijuana. Just as with a prescription medicine, patients would be given limited amounts of marijuana and would be subject to arrest and prosecution if they sold their medicine.

* It would not increase marijuana use by teenagers. In fact, studies have shown a marked decline in teenage marijuana use in every state that has passed medical marijuana law.

* It would not cost Maine taxpayers a dime. The cost of implementing the law would be covered by licensing fees paid by dispensaries. And the state would actually save money by avoiding costly and unnecessary prosecutions of medical marijuana patients.

Question 5 is about one thing and one thing only: easing the suffering of extremely sick people. Vote "yes" on Question 5.

Jonathan Leavitt is the coordinator for Maine Citizens for Patients Rights.

[palmspringsbum]

Maine Citizens for Medical Marijuana | 12 Nov 09

Medical Marijuana Petition 2010

To the Legislature of the State of Maine:

In accordance with Section 18 of Article IV, Part Third of the Constitution of the State of Maine, the electors of the State of Maine, qualified to vote for Governor, residing in said State, whose names have been certified on this petition, hereby respectfully propose to the Legislature for its consideration the following entitled legislation: “An Act Regarding Possession and Cultivation of Marijuana for Medical Purposes”.

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §2383-B, sub-§3, as amended by PL 2007, c. 695, Pt. B, §4, is further amended to read:

3. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. ”Controlled substances” has the same meaning as defined in 21 United States Code, Section 812 (1970) and 21 Code of Federal Regulations, Chapter II, Part 1308.

A-1. “Designated care giver” means a person over 18 years of age who:

(1) Is a family member or other person who has consistently assumed responsibility for the housing, health or safety of a person authorized to possess marijuana for medical use pursuant to subsection 5, paragraph A or B or who is a member of the same household as a person authorized to possess marijuana for medical use pursuant to subsection 5, paragraph A or B; and

(2) Is named in a written individual instruction or power of attorney for health care as defined in Title 18-A, section 5-801 by, or is the parent or legal guardian of, a person authorized to possess marijuana for medical use pursuant to subsection 5.

A-2. “Eligible patient” means a person authorized to possess marijuana for medical use pursuant to subsection 5.

A-3. “Designated marijuana provider” means a person who is designated by a patient to assume the responsibility for growing or providing marijuana for that patient. A designated marijuana provider must be 19 years of age or older, and the designation must be notarized. No other restrictions may be placed on who may be designated by a patient as a provider of that patient’s marijuana.

B. ”Law enforcement officer” has the same meaning as defined in Title 17-A, section 2, subsection 17.

B-1. ”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.

B-2. “Marijuana” means the flower tops or buds of the female plant genus cannabis. “Processed marijuana” does not include the stalks, stems, leaf and seeds of the cannabis plant, which may not be used when determining the weight of marijuana a patient or designated marijuana provider possesses. “Marijuana” does not include male marijuana plants.

B-3. “Patient” means a person who has been diagnosed with a condition for which marijuana may provide relief. “Patient” includes a person who has been diagnosed with cancer and is now in remission.

C. ”Prescription drugs” has the same meaning as defined in Title 32, section 13702‑A, subsection 30 and includes so-called legend drugs.

D. ”Scheduled drug” has the same meaning as defined in Title 17-A, chapter 45.

E. “Usable amount of marijuana for medical use” means 2 1/2 ounces or less of harvested marijuana and a total of 6 plants, of which no more than 3 may be mature, flowering plants.

Sec. 2. 22 MRSA §2383-B, sub-§5, as amended by PL 2001, c. 580, §3, is repealed.

Sec. 3. 22 MRSA §2383-B, sub-§7 is enacted to read:

7. Patient or designated marijuana provider may cultivate and possess marijuana. Notwithstanding any other provision of law, a patient or a designated marijuana provider may cultivate and possess marijuana for the personal medical purposes of the patient. A patient who has not attained 18 years of age may cultivate and possess marijuana for the personal medical purposes of that patient if that patient has the written consent of that patient’s parent or guardian.

Sec. 4. 22 MRSA §2383-B, sub-§8 is enacted to read:

8. Mandatory identification card system prohibited. A mandatory identification card system may not be imposed but the State may establish a nonmandatory identification card system if it considers such a system necessary. If the State sets up a nonmandatory identification card system, cards will take the place of the patient’s notarized designation form.

Sec. 5. 22 MRSA §2383-B, sub-§9 is enacted to read:

9. Patient or designated marijuana provider immune from arrest and prosecution. A patient or designated marijuana provider is immune from arrest and prosecution for cultivating or possessing marijuana if that patient or provider acts in accordance with this section. A designated marijuana provider may provide for any number of patients if that provider is appointed by each patient in writing and the appointment is notarized. The State shall provide a form for this appointment, but a patient may provide that patient’s own form.

Sec. 6. 22 MRSA §2383-B, sub-§10 is enacted to read:

10. Patient not required to have prescription or recommendation from physician. A patient is not required to have a recommendation or prescription from a physician for marijuana, but must be diagnosed with a condition for which marijuana may provide relief. When a physician recommends or prescribes marijuana to a patient or is notified of a patient’s use of marijuana as a medication, that physician shall keep an accurate record or history of that patient’s ongoing therapy.

Conditions for which marijuana may provide relief include, but are not limited to, glaucoma, cancer, HIV-AIDS, nausea, multiple sclerosis, Crohn’s disease, ulcerative colitis, Alzheimer’s disease, epilepsy, hepatitis C, chronic pain, arthritis, anorexia, depression, Huntington’s disease, herpes, migraine, menopause, rheumatism, Tourette’s syndrome and stress. Additional conditions must be recommended from research to be done by the State and concluded within 120 days after the effective date of this subsection. The Department of Health and Human Services shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, governing this research and listing.

Sec. 7. 22 MRSA §2383-B, sub-§11 is enacted to read:

11. Limits on patient and designated marijuana provider. A patient or designated marijuana provider may possess per patient no more than 12 female marijuana plants and 3 pounds of processed marijuana.

Sec. 8. 22 MRSA §2383-B, sub-§12 is enacted to read:

12. Designated marijuana providers may work together. Designated marijuana providers may work together to provide for their patients.

Sec. 9. 22 MRSA §2383-B, sub-§13 is enacted to read:

13. Legislature to designate marijuana dispensaries. The Legislature shall designate at least one marijuana dispensary per county and one in each municipality that has over 25,000 residents. These dispensaries must be run by patients and designated marijuana providers, must be sanctioned by the State and must be nonprofit entities. Authority over the marijuana dispensaries rests with the Department of Agriculture, Food and Rural Resources. Policies governing the operation of dispensaries must be adopted by a committee designated by the Department of Agriculture, Food and Rural Resources that consists of 2 Legislators and 6 to 8 patients and designated marijuana providers. Plans for the dispensaries must be implemented within 60 days after the effective date of this subsection and the dispensaries must be operational within 120 days after the effective date of this subsection.

Sec. 10. 22 MRSA §2383-B, sub-§14 is enacted to read:

14. Duty of state, county and municipal agencies. All state, county and municipal agencies shall cooperate with and comply with the laws of this State concerning medical marijuana regardless of federal policies. The Attorney General or an assistant of the Attorney General or any law enforcement officer or district attorney who acts in violation of this section is subject to disciplinary action and, if the violation is repeated, further disciplinary action and possible dismissal or impeachment of elected officials. Any arrest or charge against a patient or designated marijuana provider, regarding marijuana or marijuana plants, must be given a hearing on the matter of legitimate paperwork for the legal status of that patient or provider to either approve or deny that status. All property such as live plants must be preserved until determination of that status and returned to the patient or provider if approved as long as the number of plants is within the law, and the amount of marijuana is also within the law. Return of property is required if the patient or provider is acquitted after any trial.

Sec. 11. 22 MRSA §2383-B, sub-§15 is enacted to read:

15. Inclusion of marijuana in list of medicines; discrimination prohibited. Marijuana must be considered a medicine and included in the list of medicines for all legal purposes and purchases, including, but not limited to, for state medical programs, insurance company coverage and others responsible for providing medicines or payments for medicines. An employee who tests positive for marijuana may not be discriminated against in the process of being hired for employment or while employed. An employee may not be fired or otherwise discharged for use of marijuana for medical purposes as provided in this section. An employee may not be denied insurance by an employer’s insurance company, or for any other nonemployer-related insurance coverage in this State, for use of marijuana for medical purposes as provided in this section.

Sec. 12. 22 MRSA §2383-B, sub-§16 is enacted to read:

16. Physician may recommend. Notwithstanding any other provision of law, a physician may not be punished or denied any rights or privileges for having recommended marijuana for medical purposes to a patient. The State shall establish a method for licensing doctors if the Federal Government revokes licenses of doctors for noncompliance with the federal laws concerning marijuana. Until the method of licensing doctors is in place, any doctor whose license is revoked by the Federal Government for noncompliance with federal laws concerning marijuana must still be recognized in this State as a doctor with full privileges.

Sec. 13. 22 MRSA §2383-B, sub-§17 is enacted to read:

17. Medical marijuana education campaign. The State shall implement a vigorous education campaign to educate or reeducate the public regarding the many medical uses of marijuana. Published pharmacopoeias and modern scientific studies and research must be used. A list of uses for medical marijuana must be included in such literature and the list must be updated as new uses are identified. The State shall print pamphlets and brochures and make them available to the public within 120 days after the effective date of this subsection and must update them periodically.

Sec. 14. 22 MRSA §2383-B, sub-§18 is enacted to read:

18. Patient medical marijuana form. A patient must have a medical marijuana form available for the authorities that lists the name of the patient’s doctor, the doctor’s telephone number, the doctor’s recommendation for medical use of marijuana or the patient’s diagnosis for use of medical marijuana as applicable, a caregiver, if applicable, the dispensary, if applicable, whether the patient is growing the patient’s own supply and any other information the Department of Agriculture, Food and Rural Resources considers necessary. Until such a form is available through the State, a printed or handwritten document with the information is sufficient. All forms must be notarized.

Sec. 15. 22 MRSA §2383-B, as amended by PL 2005, c. 252, §2, is further amended by adding at the end a new paragraph to read:

This section legalizes marijuana for medical purposes and is not an affirmative defense. Authorities must be held accountable and liable for violations of patients’ rights and noncompliance with this section.

Sec. 16. 22 MRSA §2383-B, as amended by PL 2005, c. 252, §2, is further amended by adding at the end a new paragraph to read:

This section may not be construed to condone the diversion of marijuana for nonmedical purposes.

[palmspringsbum]

Maine Citizens for Medical Marijuana | 12 Nov 09

Medical Marijuana Petition 2010

To the Legislature of the State of Maine:

In accordance with Section 18 of Article IV, Part Third of the Constitution of the State of Maine, the electors of the State of Maine, qualified to vote for Governor, residing in said State, whose names have been certified on this petition, hereby respectfully propose to the Legislature for its consideration the following entitled legislation: “An Act Regarding Possession and Cultivation of Marijuana for Medical Purposes”.

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §2383-B, sub-§3, as amended by PL 2007, c. 695, Pt. B, §4, is further amended to read:

3. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. ”Controlled substances” has the same meaning as defined in 21 United States Code, Section 812 (1970) and 21 Code of Federal Regulations, Chapter II, Part 1308.

A-1. “Designated care giver” means a person over 18 years of age who:

(1) Is a family member or other person who has consistently assumed responsibility for the housing, health or safety of a person authorized to possess marijuana for medical use pursuant to subsection 5, paragraph A or B or who is a member of the same household as a person authorized to possess marijuana for medical use pursuant to subsection 5, paragraph A or B; and

(2) Is named in a written individual instruction or power of attorney for health care as defined in Title 18-A, section 5-801 by, or is the parent or legal guardian of, a person authorized to possess marijuana for medical use pursuant to subsection 5.

A-2. “Eligible patient” means a person authorized to possess marijuana for medical use pursuant to subsection 5.

A-3. “Designated marijuana provider” means a person who is designated by a patient to assume the responsibility for growing or providing marijuana for that patient. A designated marijuana provider must be 19 years of age or older, and the designation must be notarized. No other restrictions may be placed on who may be designated by a patient as a provider of that patient’s marijuana.

B. ”Law enforcement officer” has the same meaning as defined in Title 17-A, section 2, subsection 17.

B-1. ”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.

B-2. “Marijuana” means the flower tops or buds of the female plant genus cannabis. “Processed marijuana” does not include the stalks, stems, leaf and seeds of the cannabis plant, which may not be used when determining the weight of marijuana a patient or designated marijuana provider possesses. “Marijuana” does not include male marijuana plants.

B-3. “Patient” means a person who has been diagnosed with a condition for which marijuana may provide relief. “Patient” includes a person who has been diagnosed with cancer and is now in remission.

C. ”Prescription drugs” has the same meaning as defined in Title 32, section 13702‑A, subsection 30 and includes so-called legend drugs.

D. ”Scheduled drug” has the same meaning as defined in Title 17-A, chapter 45.

E. “Usable amount of marijuana for medical use” means 2 1/2 ounces or less of harvested marijuana and a total of 6 plants, of which no more than 3 may be mature, flowering plants.

Sec. 2. 22 MRSA §2383-B, sub-§5, as amended by PL 2001, c. 580, §3, is repealed.

Sec. 3. 22 MRSA §2383-B, sub-§7 is enacted to read:

7. Patient or designated marijuana provider may cultivate and possess marijuana. Notwithstanding any other provision of law, a patient or a designated marijuana provider may cultivate and possess marijuana for the personal medical purposes of the patient. A patient who has not attained 18 years of age may cultivate and possess marijuana for the personal medical purposes of that patient if that patient has the written consent of that patient’s parent or guardian.

Sec. 4. 22 MRSA §2383-B, sub-§8 is enacted to read:

8. Mandatory identification card system prohibited. A mandatory identification card system may not be imposed but the State may establish a nonmandatory identification card system if it considers such a system necessary. If the State sets up a nonmandatory identification card system, cards will take the place of the patient’s notarized designation form.

Sec. 5. 22 MRSA §2383-B, sub-§9 is enacted to read:

9. Patient or designated marijuana provider immune from arrest and prosecution. A patient or designated marijuana provider is immune from arrest and prosecution for cultivating or possessing marijuana if that patient or provider acts in accordance with this section. A designated marijuana provider may provide for any number of patients if that provider is appointed by each patient in writing and the appointment is notarized. The State shall provide a form for this appointment, but a patient may provide that patient’s own form.

Sec. 6. 22 MRSA §2383-B, sub-§10 is enacted to read:

10. Patient not required to have prescription or recommendation from physician. A patient is not required to have a recommendation or prescription from a physician for marijuana, but must be diagnosed with a condition for which marijuana may provide relief. When a physician recommends or prescribes marijuana to a patient or is notified of a patient’s use of marijuana as a medication, that physician shall keep an accurate record or history of that patient’s ongoing therapy.

Conditions for which marijuana may provide relief include, but are not limited to, glaucoma, cancer, HIV-AIDS, nausea, multiple sclerosis, Crohn’s disease, ulcerative colitis, Alzheimer’s disease, epilepsy, hepatitis C, chronic pain, arthritis, anorexia, depression, Huntington’s disease, herpes, migraine, menopause, rheumatism, Tourette’s syndrome and stress. Additional conditions must be recommended from research to be done by the State and concluded within 120 days after the effective date of this subsection. The Department of Health and Human Services shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A, governing this research and listing.

Sec. 7. 22 MRSA §2383-B, sub-§11 is enacted to read:

11. Limits on patient and designated marijuana provider. A patient or designated marijuana provider may possess per patient no more than 12 female marijuana plants and 3 pounds of processed marijuana.

Sec. 8. 22 MRSA §2383-B, sub-§12 is enacted to read:

12. Designated marijuana providers may work together. Designated marijuana providers may work together to provide for their patients.

Sec. 9. 22 MRSA §2383-B, sub-§13 is enacted to read:

13. Legislature to designate marijuana dispensaries. The Legislature shall designate at least one marijuana dispensary per county and one in each municipality that has over 25,000 residents. These dispensaries must be run by patients and designated marijuana providers, must be sanctioned by the State and must be nonprofit entities. Authority over the marijuana dispensaries rests with the Department of Agriculture, Food and Rural Resources. Policies governing the operation of dispensaries must be adopted by a committee designated by the Department of Agriculture, Food and Rural Resources that consists of 2 Legislators and 6 to 8 patients and designated marijuana providers. Plans for the dispensaries must be implemented within 60 days after the effective date of this subsection and the dispensaries must be operational within 120 days after the effective date of this subsection.

Sec. 10. 22 MRSA §2383-B, sub-§14 is enacted to read:

14. Duty of state, county and municipal agencies. All state, county and municipal agencies shall cooperate with and comply with the laws of this State concerning medical marijuana regardless of federal policies. The Attorney General or an assistant of the Attorney General or any law enforcement officer or district attorney who acts in violation of this section is subject to disciplinary action and, if the violation is repeated, further disciplinary action and possible dismissal or impeachment of elected officials. Any arrest or charge against a patient or designated marijuana provider, regarding marijuana or marijuana plants, must be given a hearing on the matter of legitimate paperwork for the legal status of that patient or provider to either approve or deny that status. All property such as live plants must be preserved until determination of that status and returned to the patient or provider if approved as long as the number of plants is within the law, and the amount of marijuana is also within the law. Return of property is required if the patient or provider is acquitted after any trial.

Sec. 11. 22 MRSA §2383-B, sub-§15 is enacted to read:

15. Inclusion of marijuana in list of medicines; discrimination prohibited. Marijuana must be considered a medicine and included in the list of medicines for all legal purposes and purchases, including, but not limited to, for state medical programs, insurance company coverage and others responsible for providing medicines or payments for medicines. An employee who tests positive for marijuana may not be discriminated against in the process of being hired for employment or while employed. An employee may not be fired or otherwise discharged for use of marijuana for medical purposes as provided in this section. An employee may not be denied insurance by an employer’s insurance company, or for any other nonemployer-related insurance coverage in this State, for use of marijuana for medical purposes as provided in this section.

Sec. 12. 22 MRSA §2383-B, sub-§16 is enacted to read:

16. Physician may recommend. Notwithstanding any other provision of law, a physician may not be punished or denied any rights or privileges for having recommended marijuana for medical purposes to a patient. The State shall establish a method for licensing doctors if the Federal Government revokes licenses of doctors for noncompliance with the federal laws concerning marijuana. Until the method of licensing doctors is in place, any doctor whose license is revoked by the Federal Government for noncompliance with federal laws concerning marijuana must still be recognized in this State as a doctor with full privileges.

Sec. 13. 22 MRSA §2383-B, sub-§17 is enacted to read:

17. Medical marijuana education campaign. The State shall implement a vigorous education campaign to educate or reeducate the public regarding the many medical uses of marijuana. Published pharmacopoeias and modern scientific studies and research must be used. A list of uses for medical marijuana must be included in such literature and the list must be updated as new uses are identified. The State shall print pamphlets and brochures and make them available to the public within 120 days after the effective date of this subsection and must update them periodically.

Sec. 14. 22 MRSA §2383-B, sub-§18 is enacted to read:

18. Patient medical marijuana form. A patient must have a medical marijuana form available for the authorities that lists the name of the patient’s doctor, the doctor’s telephone number, the doctor’s recommendation for medical use of marijuana or the patient’s diagnosis for use of medical marijuana as applicable, a caregiver, if applicable, the dispensary, if applicable, whether the patient is growing the patient’s own supply and any other information the Department of Agriculture, Food and Rural Resources considers necessary. Until such a form is available through the State, a printed or handwritten document with the information is sufficient. All forms must be notarized.

Sec. 15. 22 MRSA §2383-B, as amended by PL 2005, c. 252, §2, is further amended by adding at the end a new paragraph to read:

This section legalizes marijuana for medical purposes and is not an affirmative defense. Authorities must be held accountable and liable for violations of patients’ rights and noncompliance with this section.

Sec. 16. 22 MRSA §2383-B, as amended by PL 2005, c. 252, §2, is further amended by adding at the end a new paragraph to read:

This section may not be construed to condone the diversion of marijuana for nonmedical purposes.