Maine Revised Statutes > Title 22 > Subtitle 2 > Part 5 > Chapter 558-C – Maine Medical Use of Cannabis Act
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Terms Used In Maine Revised Statutes > Title 22 > Subtitle 2 > Part 5 > Chapter 558-C - Maine Medical Use of Cannabis Act
- Account: includes health-care-insurance receivables. See Maine Revised Statutes Title 11 Sec. 9-1102
- Account debtor: means a person obligated on an account, chattel paper or general intangible. See Maine Revised Statutes Title 11 Sec. 9-1102
- accounting for: means a record:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Agricultural lien: means an interest, other than a security interest, in farm products:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appraisal: A determination of property value. Arrest: Taking physical custody of a person by lawful authority. As-extracted collateral: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Assistant: means a person paid to perform a service for a caregiver, dispensary, manufacturing facility or cannabis testing facility in accordance with this chapter, whether as an employee or independent contractor. See Maine Revised Statutes Title 22 Sec. 2422 Bank: includes savings banks, savings and loan associations, credit unions and trust companies. See Maine Revised Statutes Title 11 Sec. 9-1102 Cannabis concentrate: means the resin extracted from any part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin, including, but not limited to, hashish. See Maine Revised Statutes Title 22 Sec. 2422 Cannabis extraction: means the process of extracting cannabis concentrate from harvested cannabis using water, lipids, gases, solvents or other chemicals or chemical processes. See Maine Revised Statutes Title 22 Sec. 2422 Cannabis paraphernalia: includes , but is not limited to:
A. See Maine Revised Statutes Title 22 Sec. 2422Cannabis plant: means a plant of the genus Cannabis, including, but not limited to, Cannabis sativa, Cannabis indica and Cannabis ruderalis. See Maine Revised Statutes Title 22 Sec. 2422 Cannabis product: includes , but is not limited to, an edible cannabis product, a cannabis ointment and a cannabis tincture. See Maine Revised Statutes Title 22 Sec. 2422 Cannabis testing facility: means a public or private laboratory that:
A. See Maine Revised Statutes Title 22 Sec. 2422Cannabis tincture: means a solution that is intended to be consumed orally and is prepared from harvested cannabis blended with an edible solvent. See Maine Revised Statutes Title 22 Sec. 2422 Cardholder: means a person who has been issued and possesses a valid registry identification card. See Maine Revised Statutes Title 22 Sec. 2422 Caregiver: means a person or an assistant of that person that provides care for a qualifying patient in accordance with section 2423?A, subsection 2. See Maine Revised Statutes Title 22 Sec. 2422 Caregiver retail store: means a store that has attributes generally associated with retail stores, including, but not limited to, a fixed location, a sign, regular business hours, accessibility to the public and sales of goods or services directly to a consumer, and that is used by a registered caregiver to offer cannabis plants or harvested cannabis for sale to qualifying patients. See Maine Revised Statutes Title 22 Sec. 2422 Cash proceeds: means proceeds that are money, checks, deposit accounts or the like. See Maine Revised Statutes Title 11 Sec. 9-1102 Certified nurse practitioner: means a registered professional nurse licensed under Title 32, chapter 31 who has received postgraduate education designed to prepare the nurse for advanced practice registered nursing in a clinical specialty in nursing that has a defined scope of practice and who has been certified in the clinical specialty by a national certifying organization acceptable to the State Board of Nursing. See Maine Revised Statutes Title 22 Sec. 2422 Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods or a lease of specific goods and license of software used in the goods. See Maine Revised Statutes Title 11 Sec. 9-1102 Child-resistant: means , with respect to packaging or a container:
A. See Maine Revised Statutes Title 22 Sec. 2422Collateral: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Collective: means an association, cooperative, affiliation or group of caregivers who physically assist each other in the act of cultivation, processing or distribution of cannabis for medical use for the benefit of the members of the collective. See Maine Revised Statutes Title 22 Sec. 2422 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 22 Sec. 2422 Communicate: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Complete application: means , with respect to an application for a registry identification card or a registration certificate, that:
A. See Maine Revised Statutes Title 22 Sec. 2422Consignor: means a person that delivers goods to a consignee in a consignment. See Maine Revised Statutes Title 11 Sec. 9-1102 Consumer transaction: includes consumer-goods transactions. See Maine Revised Statutes Title 11 Sec. 9-1102 Consumer-goods transaction: means a consumer transaction in which:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Continuation statement: means an amendment of a financing statement that:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Cultivation area: means an indoor or outdoor area used for cultivation of mature cannabis plants, immature cannabis plants or seedlings in accordance with this chapter that is enclosed and equipped with locks or other security devices that permit access only by a person authorized to have access to the area under this chapter. See Maine Revised Statutes Title 22 Sec. 2422 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Debtor: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Administrative and Financial Services. See Maine Revised Statutes Title 22 Sec. 2422 Dependent: A person dependent for support upon another. Deposit account: means a demand, time, savings, passbook or similar account maintained with a bank. See Maine Revised Statutes Title 11 Sec. 9-1102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. dispensary: means an entity registered under section 2425?A that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses cannabis plants or harvested cannabis or related supplies and educational materials to qualifying patients and the caregivers of those patients. See Maine Revised Statutes Title 22 Sec. 2422 Disqualifying drug offense: means a conviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year or more. See Maine Revised Statutes Title 22 Sec. 2422 Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Edible cannabis product: means a cannabis product intended to be consumed orally, including, but not limited to, any type of food, drink or pill containing harvested cannabis. See Maine Revised Statutes Title 22 Sec. 2422 Equipment: means goods other than inventory, farm products or consumer goods. See Maine Revised Statutes Title 11 Sec. 9-1102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fiduciary: A trustee, executor, or administrator. File number: means the number assigned to an initial financing statement pursuant to section 9?1519, subsection (1). See Maine Revised Statutes Title 11 Sec. 9-1102 Filing office: means an office designated in section 9?1501 as the place to file a financing statement. See Maine Revised Statutes Title 11 Sec. 9-1102 Filing-office rule: means a rule adopted pursuant to section 9?1526. See Maine Revised Statutes Title 11 Sec. 9-1102 Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Maine Revised Statutes Title 11 Sec. 9-1102 Fixture filing: includes the filing of a financing statement covering goods of a transmitting utility that are or are to become fixtures. See Maine Revised Statutes Title 11 Sec. 9-1102 Fixtures: means goods that have become so related to particular real property that an interest in them arises under real property law. See Maine Revised Statutes Title 11 Sec. 9-1102 Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Goods: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Harvested cannabis: includes cannabis concentrate and cannabis products. See Maine Revised Statutes Title 22 Sec. 2422 health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 Immature cannabis plant: means a cannabis plant that is not a mature cannabis plant or seedling. See Maine Revised Statutes Title 22 Sec. 2422 Immature plant canopy: means the total surface area within a cultivation area where immature cannabis plants are growing. See Maine Revised Statutes Title 22 Sec. 2422 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Inherently hazardous substance: means a liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a flash point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, propane and diethyl ether. See Maine Revised Statutes Title 22 Sec. 2422 insured: as used in this chapter , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. See Maine Revised Statutes Title 24-A Sec. 2731 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lien: A claim against real or personal property in satisfaction of a debt. Long-term care facility: means a hospice provider facility licensed under chapter 1681; a nursing facility licensed under chapter 405; an assisted living facility licensed under chapter 1663 or 1664; or a facility or program licensed under chapter 1663 that provides care for a qualifying patient in accordance with section 2423?A, subsection 1, paragraph F?1, subparagraph (2). See Maine Revised Statutes Title 22 Sec. 2422 Manufactured-home transaction: means a secured transaction:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102manufacturing: means the production, blending, infusing, compounding or other preparation of cannabis concentrate and cannabis products, including, but not limited to, cannabis extraction or preparation by means of chemical synthesis. See Maine Revised Statutes Title 22 Sec. 2422 Manufacturing facility: means a registered tier 1 or tier 2 manufacturing facility or a person authorized to engage in cannabis extraction under section 2423?F. See Maine Revised Statutes Title 22 Sec. 2422 Mature cannabis plant: means a flowering female cannabis plant. See Maine Revised Statutes Title 22 Sec. 2422 Mature plant canopy: means the total surface area within a cultivation area where mature cannabis plants are growing. See Maine Revised Statutes Title 22 Sec. 2422 Medical provider: means a physician, a certified nurse practitioner or a physician assistant. See Maine Revised Statutes Title 22 Sec. 2422 Medical use: means the acquisition, possession, cultivation, manufacture, use, delivery, transfer or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient's medical diagnosis or symptoms for which a medical provider has provided the qualifying patient a written certification under this chapter. See Maine Revised Statutes Title 22 Sec. 2422 Member of the family: includes a person who is a resident of the State and who is living with a person as a spouse and a natural parent of a child of a person. See Maine Revised Statutes Title 22 Sec. 2422 Members of the same household: means 2 or more people who are residents of the State and who reside in a shared dwelling unit. See Maine Revised Statutes Title 22 Sec. 2422 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage: means a consensual interest in real property, including fixtures, that secures payment or performance of an obligation. See Maine Revised Statutes Title 11 Sec. 9-1102 Mortgagee: The person to whom property is mortgaged and who has loaned the money. Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Noncash proceeds: means proceeds other than cash proceeds. See Maine Revised Statutes Title 11 Sec. 9-1102 Nonflowering cannabis plant: means a cannabis plant that is in a stage of growth in which the plant's pistils are not showing or the pistils protrude in pairs from seed bracts that may be located on multiple nodes of the plant. See Maine Revised Statutes Title 22 Sec. 2422 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Officer or director: means , when used with respect to any nonprofit, for-profit or other organization governed by this chapter, a director, manager, shareholder, board member, partner or other person holding a management position or ownership interest in the organization. See Maine Revised Statutes Title 22 Sec. 2422 Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. patient: means a person who has been a resident of the State for at least 30 days and who possesses a valid written certification regarding medical use of cannabis in accordance with section 2423?B. See Maine Revised Statutes Title 22 Sec. 2422 Personal property: All property that is not real property. 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 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs. See Maine Revised Statutes Title 22 Sec. 2422 Physician assistant: means a person licensed as a physician assistant by the Board of Osteopathic Licensure pursuant to Title 32, chapter 36 or a person licensed as a physician assistant 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. See Maine Revised Statutes Title 22 Sec. 2422 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeds: means the following property:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Public-finance transaction: means a secured transaction in connection with which:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Registered caregiver: means a caregiver who is registered by the department pursuant to section 2425?A. See Maine Revised Statutes Title 22 Sec. 2422 Registered patient: means a qualifying patient who is registered by the department pursuant to section 2425?A. See Maine Revised Statutes Title 22 Sec. 2422 Registration certificate: means a document issued by the department that identifies an entity as an entity that has registered with the department in accordance with this chapter. See Maine Revised Statutes Title 22 Sec. 2422 Registry identification card: means a document issued by the department that identifies a person as a person who has registered with the department in accordance with this chapter. See Maine Revised Statutes Title 22 Sec. 2422 Remuneration: means a donation or any other monetary payment received directly or indirectly by a person in exchange for goods or services as part of a transaction in which cannabis is transferred or furnished by that person to another person. See Maine Revised Statutes Title 22 Sec. 2422 Resident of the State: means a person who is domiciled in the State. See Maine Revised Statutes Title 22 Sec. 2422 Sample: means a cannabis plant or harvested cannabis that is provided for testing or research purposes to a cannabis testing facility. See Maine Revised Statutes Title 22 Sec. 2422 Secondary obligor: means an obligor to the extent that:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Secured party: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Security agreement: means an agreement that creates or provides for a security interest. See Maine Revised Statutes Title 11 Sec. 9-1102 Seedling: means a cannabis plant or rooted cutting that is:
A. See Maine Revised Statutes Title 22 Sec. 2422State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 11 Sec. 9-1102 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Synchronous encounter: means a real-time interaction conducted with an interactive audio or video connection between an individual and a medical provider or between a medical provider and another medical provider. See Maine Revised Statutes Title 22 Sec. 2422 Tamper-evident: means , with respect to a device or process, bearing a seal, a label or a marking that makes unauthorized access to or tampering with a package, product or container easily detectable. See Maine Revised Statutes Title 22 Sec. 2422 Tamper-resistant paper: means paper that possesses an industry-recognized feature that prevents copying of the paper, erasure or modification of information on the paper and the use of counterfeit documentation. See Maine Revised Statutes Title 22 Sec. 2422 Telehealth services: includes synchronous encounters, store and forward transfers, telemonitoring and asynchronous encounters. See Maine Revised Statutes Title 22 Sec. 2422 Telemonitoring: means the use of information technology to remotely monitor an individual's health status via electronic means, allowing the medical provider to track the individual's health data over time. See Maine Revised Statutes Title 22 Sec. 2422 Termination statement: means an amendment of a financing statement that:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Testimony: Evidence presented orally by witnesses during trials or before grand juries. Timely filed: means , with respect to an application submitted for renewal of a registry identification card or an application submitted for renewal of a registration certificate, that the applicant submits a complete application to the department no sooner than 60 days and no later than 30 days prior to the expiration date of the current registry identification card or the current registration certificate. See Maine Revised Statutes Title 22 Sec. 2422 Transmitting utility: means a person primarily engaged in the business of:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Visiting qualifying patient: means a patient who is authorized for the medical use of cannabis in this State in accordance with section 2423?D and who is not a resident of the State or who has been a resident of the State less than 30 days. See Maine Revised Statutes Title 22 Sec. 2422 Written certification: means a document signed by a medical provider and issued to a qualifying patient in accordance with section 2423?B, or a digital image of that document issued by the medical provider that meets the requirements of section 2423?B, subsection 4, that states that, in the medical provider's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's medical diagnosis or symptoms associated with the medical diagnosis. See Maine Revised Statutes Title 22 Sec. 2422 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72