Rules

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§2424. Rules

1.  Rulemaking. 

[PL 2017, c. 409, Pt. E, §5 (RP).]

1-A.  Rulemaking.  The department may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A, except that, beginning July 1, 2021, rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.  

[PL 2021, c. 387, §6 (AMD).]

2.  Adding debilitating medical conditions. 

[PL 2017, c. 452, §10 (RP).]

3.  Registration.  The department shall adopt rules governing the manner in which it considers applications for and renewals of registry identification cards or registration certificates for a person required to obtain a registry identification card or registration certificate under this chapter. The department's rules must require the submission of an application, must require replacement of a registry identification card or registration certificate that has been lost, destroyed or stolen or that contains information that is no longer accurate and must establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this chapter and that are consistent with the provisions of section 2425‑A, subsection 10. The department may establish a sliding scale of application and renewal fees based upon a registered patient's family income and status as a veteran of the Armed Forces of the United States. The department may accept donations from private sources in order to reduce the application and renewal fees.  

[PL 2017, c. 452, §10 (AMD).]

4.  Enforcement and compliance.  The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A, except that, beginning July 1, 2021, the department shall adopt major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A, regarding enforcement and compliance of authorized conduct under this chapter, including rules governing:  

A. Minimum oversight requirements for dispensaries and registered caregivers and the one permitted additional location at which a dispensary cultivates marijuana plants for medical use by qualifying patients; and   [PL 2017, c. 452, §10 (NEW).]

B. Minimum security requirements for registered caregivers operating caregiver retail stores pursuant to section 2423‑A, subsection 2, paragraph P and registered dispensaries and any additional location at which a dispensary cultivates marijuana plants for medical use by qualifying patients.   [PL 2019, c. 217, §4 (AMD).]

[PL 2021, c. 387, §7 (AMD).]

SECTION HISTORY

IB 2009, c. 1, §5 (NEW). PL 2009, c. 631, §§26, 27 (AMD). PL 2009, c. 631, §51 (AFF). PL 2011, c. 407, Pt. B, §§21, 22 (AMD). PL 2013, c. 394, §1 (AMD). PL 2017, c. 409, Pt. E, §§5, 6 (AMD). PL 2017, c. 452, §10 (AMD). PL 2019, c. 217, §4 (AMD). PL 2021, c. 387, §§6, 7 (AMD).


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