DHHS Approves Six Medical Marijuana Dispensaries
AUBURN, ME (July 9, 2010) - The Maine Department of Health and Human Services (DHHS) has approved six medical marijuana dispensaries, to be located in the following towns: Portland, East Wilton, Thomaston, Waterville or Augusta, Hermon and Fort Kent.
Under the Maine Medical Marijuana Act, DHHS may authorize one medical marijuana dispensary in each of Maine's eight public health districts. In this morning's announcement, DHHS stated that no dispensaries were authorized for District One (York County) or for District Seven (which include Hancock County and Washington County). The applications received from these districts failed to receive minimum qualifying scores. DHHS will conduct a second round of applications for these two districts and will announce the results on August 31, 2010.
Medical marijuana is a controversial issue. Maine law currently permits certain uses of marijuana for qualifying medical purposes. However, all cultivation, use, possession and sale of marijuana remain illegal under federal law. Patients, caregivers and dispensaries who comply with Maine law are still subject to federal prosecution and penalties, including fines and imprisonment. The United States Department of Justice has stated it will not prosecute those who provide marijuana where state law permits it for medicinal purposes. But this is a policy statement not a change in federal law.
Even under Maine law, the medical use of marijuana is strictly regulated. Only qualified and registered patients and their registered primary caregivers may purchase marijuana. Dispensaries must be organized as nonprofit corporations for the benefit of registered patients. They may not be located near schools. Dispensaries may cultivate only enough marijuana for registered patients who designate the dispensary as their provider. Local cities and towns may enact reasonable regulations on dispensary operation. Many cities and towns have enacted moratoria on dispensaries to give themselves time to study the new laws and regulations and decide what regulations will best serve their citizens.
We have been counseling cities and towns about the new law and how to comply with its provisions. Skelton, Taintor & Abbott is a full service law firm located in Auburn, Maine. Individuals and organizations with questions about Maine's medical use of marijuana laws should contact Attorneys Michael Malloy and Bryan Dench. Skelton, Taintor & Abbott has also advised clients on such issues as the location of drug treatment facilities and adult oriented businesses, and major municipal grant projects.