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Rules Governing the Maine Medical Use of Marijuana Program
Section 5. Registered Primary Caregiver Page 5-1

Section 5. REGISTERED PRIMARY CAREGIVER

• 5.1 Primary caregiver designated by patient. A patient may designate one primary caregiver to assist the qualifying patient with the patient's medical use of marijuana.
  • 5.1.1 Patient's sole preference. A patient's primary caregiver is determined solely by the patient's preference as named on the patient's application for a registry identification card.
    • 5.1.1.1 Exception: minor patient. A minor patient's parent, legal guardian, or person having legal custody of the minor must serve as one of the primary caregivers for a minor patient. In addition, a registered patient under 18 years of age may have a second primary caregiver. The minor's second primary caregiver may be a person, a hospice provider or a nursing facility.
    • 5.1.1.2 Exception: incapacitated adult patient. An incapacitated adult patient's legal guardian or durable health care power of attorney must serve as the incapacitated adult's primary caregiver. In addition, an incapacitated adult patient may have a second primary caregiver. The incapacitated adult's second primary caregiver may be a person, a hospice provider or a nursing facility.
  • 5.1.2 Hospice provider or nursing facility: primary caregiver. A registered patient may name a hospice provider licensed under 22 Maine Revised Statutes, chapter 1681 or a nursing facility licensed under 22 Maine Revised Statutes, chapter 405 to serve as a registered primary care
    • 5.1.2.1 Provider or facility registration application. If a hospice provider or nursing facility is named as a primary caregiver, the provider or facility must complete the department's registration process and the staff of the provider or facility who assist the registered patient with the medical use of marijuana must obtain registry identification cards.
    • 5.1.2.2 Staff registry identification cards. To be issued a registry identification card, a staff person of a hospice provider or nursing facility that has been named as a primary caregiver must be at least 21 years of age and not convicted of a disqualifying drug offense.
• 5.2 Registry identification card required. Registered primary caregivers and staff of hospice providers and nursing facilities named as primary caregivers are required to possess a valid, department-issued registry identification card prior to assisting a registered patient with the medical use of marijuana.
• 5.3 Food establishment license. A registered primary caregiver must obtain a food establishment license, pursuant to 22 Maine Revised Statutes section 2167, prior to
• preparing goods containing marijuana for medical use by a registered patient.
• 5.4 Application: primary caregiver registry identification card. A primary caregiver named on the qualifying patient's application must submit a completed department-approved primary caregiver application form with the required documentation and the registration fee, if any, (Section 7) for a registry identification card. The application shall include, at a minimum, the following information:
  • 5.4.1 Name, address and date of birth of the primary caregiver;
  • 5.4.2 Whether the registered patient, the registered primary caregiver or a registered dispensary shall cultivate marijuana for the registered patient's medical use.
  • 5.4.3 A copy of the primary caregiver's Maine driver's license, or other state-issued photo identification.
• 5.5 Department-issued registry identification card for primary caregiver. The department shall issue registry identification cards to registered primary caregivers and to staff of hospice providers and nursing facilities named as primary caregivers who assist the registered patient with the medical use of marijuana within 5 business days of the date the department approves a primary caregiver's application or renewal for a registry identification card.
• 5.6 Expiration of registry identification card: primary caregiver. Registry identification cards issued to primary caregivers expire one year after the date of issuance.
• 5.7 Renewal of registry identification card: primary caregivers. A registered primary caregiver must submit a completed department-approved renewal form with all required documentation and the renewal fee (Section 7).
  • 5.7.1 The department shall issue the primary caregiver's new registry identification card within 5 business days of the date the department approves the renewal application.
• 5.8 Authorized conduct: registered primary caregiver. Subject to the provisions of Section 2.2 of these rules, a designated registered primary caregiver for the purpose of assisting a registered patient may:
  • 5.8.1 Possess up to 2 ½ ounces of prepared marijuana and may also legally possess an incidental amount of marijuana for each registered patient who has named the person to serve as a primary caregiver and
  • 5.8.2 Cultivate up to 6 marijuana plants for each registered patient who has designated the primary caregiver to cultivate marijuana on the registered patient's behalf;
    • 5.8.2.1 The registered primary caregiver may not cultivate marijuana for a patient unless the patient has designated the primary caregiver for that purpose, and
    • 5.8.2.2 The patient has not designated a registered dispensary to cultivate marijuana for the patient's medical use;
  • 5.8.3 Assist no more than 5 registered patient at any one time with their medical use of marijuana;
  • 5.8.4 Receive reasonable monetary compensation for costs associated with assisting a registered patient who named the primary caregiver on the patient's application for a registry identification card;
  • 5.8.5 Receive reasonable monetary compensation for costs associated with cultivating marijuana for a registered patient who designated the primary caregiver to cultivate marijuana on the patient's application for a registry identification card;
  • 5.8.6 Be in the presence or vicinity of the medical use of marijuana and assist any registered patient with the medical use or administration of marijuana; and
  • 5.8.7 Prepare goods containing marijuana for medical use by a registered patient if the registered primary caregiver preparing the goods has obtained a food establishment license.
• 5.9 Primary caregiver cultivation of marijuana. A primary caregiver who has been designated by a registered patient to cultivate marijuana for the patient's medical use must keep all plants in an enclosed, locked facility unless the plants are being transported because the primary caregiver is moving or taking the plants to the primary caregiver's own property in order to cultivate them.
• 5.10 Onsite assessment when cultivating for 3, 4 or 5 patients. Prior to the department's onsite assessment of a registered primary caregiver who is designated to cultivate marijuana by 3, 4, or 5 patients at any one time, the department shall provide a 24-hour notice to the registered primary caregiver.

If you plan to be a Caregiver for more than 2 qualified patients in Maine then you may have to submit to an on-inspection from a member of the State Department of Health and Human service. This is to ensure you are in compliance with State Laws surrounding the amount of marijuana a Caregiver is allowed to cultivate. 

Contacts for the state: DHHS
John Thiele  207-287-5810
Catherine Cobb  207-287-2979