Caregivers

Patients may designate a primary caregiver to assist the patient with medical use of marijuana and cultivation of marijuana. A caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense. Caregivers must register with the State and receive an ID card before they can possess and cultivate marijuana unless they live in the same household as the patient or are a member of the same family as the patient.

Patients may also designate a second primary caregiver if they fit one of the following qualifications:

  • If the patient is a minor qualifying patent under 18 years of age. The first primary caregiver for the minor patient shall be the patient’s parent or legal custodian/guardian;
  • If the patient is an incapacitated adult. The first primary caregiver for an incapacitated adult shall be the patient’s legal guardian or power of attorney for health care; or
  • If the patient is a registered patient in a hospice or nursing facility.

Caregivers may possess up to 2.5 ounces and 6 plants in an enclosed and locked facility for each patient the caregiver assists. A person cannot be a caregiver for more than 5 patients and 6 plants per patient. Caregivers may receive compensation for the costs of their services.

Caregivers must obtain a food establishment license prior to preparing goods containing marijuana for consumption by patients.

Caregivers who are cultivating pay a registration fee of $300 per patient (up to 5) and $31 for the criminal background check, as well as an annual renewal fee of $300 per qualifying patient. Caregivers who do not cultivate only $31 for the criminal background check, and no application or renewal fee is charged.

DHHS has more information and required forms. 

Production/Distribution

Maine has a licensed system of medical cannabis dispensaries. These dispensaries must have a department-issued certificate of registration, which expires one year after the date of issuance, and the certificate must be displayed in a publicly visible location in the dispensary. A registered dispensary is selected by a patient based solely on the patient’s preference as indicated on the patient’s designation form (whether registered or non-registered). A dispensary must be incorporated as a non-profit corporation, but may receive reasonably monetary compensation for costs associated with assisting or cultivating marijuana for a patient who has designated the dispensary. A dispensary may not give you more than 2.5 ounces of cannabis in a 15-day period. Local ordinances may also determine how dispensaries can operate near you.

Dispensaries must obtain a food establishment license prior to preparing goods containing marijuana for consumption by patients.

Patient collectives are prohibited. Patients must cultivate for themselves or designate a registered caregiver or licensed dispensary to do it for them.