State to state patient/caregiver relations?

AltarNation

AltarNation

Well-Known Member
Hello-

I have a friend who's in Mass who just got his certification... I am wondering if, as a maine resident, I can provide him with medicine if I register as a caregiver? Anyone know about this state-to-state stuff?

Thanks!
 
tet1953

tet1953

Well-Known Member
I think you are looking for an answer to a question that simply is not addressed in the law. Anything anyone tells you, whether they are in government or not, is an opinion. Also, it probably matters where the transaction takes place. If your friend comes to Maine to get meds you probably have some wiggle room, although not if you accept anything of value for it and are not your friend's registered caregiver. If the transaction takes place in MA, then I would see what their laws say about it. If you plan on doing it through the mail, then you are looking at federal law. All of the preceding is simply my opinion lol
 
AltarNation

AltarNation

Well-Known Member
Thanks tet, appreciate the feedback even if it is just opinion.... your opinion that what anyone says is an opinion IS a valuable opinion, in some obscure way. ;) I woudl not work through the mail for sure... good point about where the transaction takes place... I am having him look into it from his end too, just wanted to see if anyone had any experience with this.
 
jujubee

jujubee

Active Member
If you get busted in New Hampshire, it will be a felony. NH MJ laws suck.

To be legal, it has to happen in Maine. You need to be a caregiver if you sell it. The out of stater needs to be a certified patient in their state. They also need to have a Maine physician cert form filled out, and a photo ID from their state. Then they can do whatever a qualifying maine patient can do. You can give them stuff for free if you are both qualifying patients. If you sell it, the law says you have to be a caregiver, and fill out a caregiver designation form with the visiting patient.

http://www.maine.gov/dhhs/dlrs/mmm/application-material/Physician-Cert-Form.pdf


The law is pretty clear on "Visiting qualifying patients".
Visiting qualifying patient means a patient with a debilitating medical condition who is not a resident of Maine or who has been a resident of Maine less than 30 days who is qualified by another jurisdiction for the medical use of marijuana.

...

2.1.3 Protected conduct by a visiting qualifying patient. A qualifying patient visiting the State from another jurisdiction that authorizes the medical use of marijuana pursuant to a law or regulation of another state or political subdivision may engage in conduct authorized for a qualifying patient by these rules if the following criteria are met:

2.1.3.1 Maine form. The visitor shall possess a valid Maine-approved written physician certification form completed, signed and dated by the visitor’s home-jurisdiction treating physician. The Maine form is available on the division’s webpage at http://www.maine.gov/dhhs/dlrs/mmm/index.shtml.

2.1.3.2 Home-jurisdiction certification. The visitor shall possess a valid medical use of marijuana certification issued by the visitor’s home-jurisdiction.

2.1.3.3 Photographic identification. The visitor shall possess a valid photographic identification card or driver’s license issued by the visitor’s home-jurisdiction.
Click to expand...
 
tet1953

tet1953

Well-Known Member
And, of course, they are breaking the law transporting it back to MA. I'm sure they already do that lol
 
NoSwagBag

NoSwagBag

Well-Known Member
jujubee said:
If you get busted in New Hampshire, it will be a felony. NH MJ laws suck.

To be legal, it has to happen in Maine. You need to be a caregiver if you sell it. The out of stater needs to be a certified patient in their state. They also need to have a Maine physician cert form filled out, and a photo ID from their state. Then they can do whatever a qualifying maine patient can do. You can give them stuff for free if you are both qualifying patients. If you sell it, the law says you have to be a caregiver, and fill out a caregiver designation form with the visiting patient.

http://www.maine.gov/dhhs/dlrs/mmm/application-material/Physician-Cert-Form.pdf


The law is pretty clear on "Visiting qualifying patients".
Click to expand...
You're always keeping us well informed. Good work.
 
Maine Brookies

Maine Brookies

Active Member
jujubee said:
To be legal, it has to happen in Maine. You need to be a caregiver if you sell it. The out of stater needs to be a certified patient in their state.
Click to expand...
I'm fairly sure that the new rules still say that caregivers/dispensaries can only sell to Maine residents. It's still donations only for out state patients.
 
jujubee

jujubee

Active Member
I quoted the new rules above. The rules say a visiting qualifying patient can do the same things as a qualifying patient.

Caregivers and dispensaries are allowed to sell to qualifying patients.

There is even a section on the designation form for visiting patients.
 
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