RECOMMENDING CANNABIS IN MAINE

Medical professionals recommending medical cannabis must be 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.

Recommending physicians must:

  • Demonstrate a bona fide physician/patient relationship that will include ongoing monitoring of the patient's medical condition.
  • Caution patients are not to engage in hazardous activities while under the influence of cannabis.
  • Inform patients of the risks and benefits of the medical use of cannabis and that the patient may benefit from its use.
  • Use a DHHS-approved certification form on tamper-resistant paper.
  • Not disclose the patient's specific medical condition on the issued written certification. This written certification must include the date that it was issued and the expiration date of the certification (a written certification expires one year after it is issued by the recommending physician).
  • Maintain records supporting their decision to recommend medical cannabis.

With respect to minors, a physician must:

  • Explain the risks & benefits of the medical use of cannabis to the patient and parent or legal custodian/guardian.
  • Obtain a second opinion from a consulting physician.

The parent or legal custodian/guardian of the minor must also provide written consent of the minor's medical use of cannabis and must serve as the minor's caretaker.

The DHHS-approved certification can be found at:https://www1.maine.gov/online/medmarijuana/index.html

Qualifying Medical Conditions:

There are no qualifying conditions for a medical card in Maine. Instead, it is up to Maine medical marijuana doctors to determine whether a particular patient may benefit from marijuana treatment.

Medical professionals have a legal right to recommend cannabis as a treatment in any state, as protected by the First Amendment. That was established by a 2004 United States Supreme Court decision to uphold earlier federal court rulings that doctors and their patients have a fundamental Constitutional right to freely discuss treatment options.

More resources for medical professionals can be found here.