AUGUSTA, Maine — Patients who use medical marijuana and their caregivers said Monday that new rules proposed for Maine’s medical marijuana program could make it too expensive to grow a plant many depend on to manage pain, nausea and other chronic conditions.
Some who spoke at a public hearing on the rules proposal also questioned whether the state Department of Health and Human Services has the authority to implement such changes without legislative approval.
Monday’s public hearing on the new rules proposal attracted more than 100 medical marijuana advocates who packed one hearing room while others who attended sat in two rooms set up for overflow crowds.
“The Maine Medical Marijuana patient program was designed for sick Maine patients, and most sick Maine patients are low-income patients,” said Chris Kenoyer of the Maine Patients Coalition, an advocacy group. “The ones who need the law the most have been literally priced right out of using the program.”
The Department of Health and Human Services is floating the new rules proposal following two laws passed by the Legislature last year that eliminated the need for medical marijuana patients to register with the state and allowed patients to use medical marijuana with a doctor’s written permission. One of the laws also bars law enforcement from seizing marijuana that patients possess legally, and lets members of the public petition the Department of Health and Human Services to add to the list of medical conditions that qualify a patient to use marijuana.
But the proposed rules also require that all marijuana be grown in enclosed, locked facilities surrounded by fences at least eight feet tall “that completely obscure the view” of the growing marijuana, the rule document reads. In addition, the security measures must include motion-activated lights as a theft prevention measure.
The growing area also must be located at least 25 feet from a property line.
Those security restrictions on growing marijuana are unrealistic conditions for growing any crop, said Kelly Irwin of Falmouth. A motion-activated light, for example, would disrupt normal growing cycles, she said.
“Deer and wildlife would be the only thing to activate the lights,” she said. “Exterior lighting is an unreasonable required expense.”
And such security restrictions, which are expensive to implement, might not provide any security at all, said Jacob McClure, a Washington resident.
“An eight-foot fence where I live is a sign that says, ‘Medical marijuana, free for the taking,’” he said. “Everybody’s security situation is going to be different based on their living situation. You really have to let people make their own decisions based on what is appropriate and what isn’t appropriate for security.”
Steve Ruhl, a Lincoln resident, said the 25-foot setback requirement could disqualify many medical marijuana patients who own property from cultivating the plant.
“I have neighbors whose yards are 50 feet wide. Twenty-five feet on both sides, there’s nowhere for them to go,” he said.
“These plants are not dangerous,” he added. “They’re not toxic. We should not be treating them any different from any other garden plant in the state of Maine.”
Maine law has allowed the use of medical marijuana since 1999. In 2009, voters approved an expansion of the law, allowing the state to set up a system of medical marijuana dispensaries. Legislators approved two packages of changes to the laws in 2011, prompting the rules proposal from DHHS.
The department is accepting comments on the proposal through Aug. 23. While the agency could change its proposal based on public comments, the rules don’t require legislative approval to take effect.
That drew some criticism during Monday’s hearing from two lawmakers. Rep. Heather Sirocki, R-Scarborough, and Rep. Mark Dion, D-Portland, both called for a group of stakeholders to develop a rules package to regulate the state’s medical marijuana program.
“Some of [the rule changes] feel substantive, feel as if they go to the core of what this statute tried to accomplish when it was originally passed,” Dion said. “I think it’s important that this community, by its mere showing today, have a legitimate voice that needs to be taken into account.”
Pharmacies have security systems and are heavy regulated and they sell legal drugs.
And we are talking about a plant.
A “illegal” plant.
In Maine it is legal for medicinal use.
Pharmacies are not medical marijuana growers….. patients or their care givers are. And in the state of Maine, growing of and use of marijuana is legal for these people when prescribed by a physician.
Doctors don’t prescribe pot because it’s illegal. You know we aren’t talking about a few plants in the back yard. The regulators are talking about growers that are in the business of growing for pot for resale, not Johnny that’s growing for his Uncle Joe that’s dying of cancer.
Actually, this regulation includes Johnny growing six plants for Uncle Joe.
“The Maine Medical Marijuana patient program was designed for sick Maine patients, and most sick Maine patients are low-income patients,” Only the poor get sick in Maine.
No, its just that most people in Maine are poor.
So no sick or low-income people by Legal drugs from Pharmacies which are regulated and pass their costs on customers? Step back from the landfill.
What are you talking about …. the new rules being proposed are about how far the plants have to be from a residence, the plants must be behind an 8 foot wall and there must be motion-sensor lights installed along with security systems. Who are these patients or their care givers going to pass the expense of these rules on to ….. it must come from their pockets.
Your confusing the issue. These rule’s they are talking about are for the large growers not someone growing a few plants in their back yard for personal medical use.
The proposed rules being questioned here pertaining to outdoor growing apply to caregivers who are permitted to grow for up to 5 patients as well as for the patient growing for him/her self, if I am not mistaken.
“But the proposed rules also require that ALL marijuana be grown in enclosed, locked facilities surrounded by fences at least eight feet tall “that completely obscure the view” of the growing marijuana, the rule document reads. In addition, the security measures must include motion-activated lights as a theft prevention measure.”
Reread the article and tell what part of the word ALL doesn’t apply to patients or licensed caregivers. PS The current rules state that all plants must be in an enclosed secured area. “Growing a few plants in their backyard” must follow the current rules: enclosed and secured.
The law was designed so that the poor could get caregiver’s to grow their medicine for them at a reasonable rate. There are many rich/er medical marijuana patients in Maine. Most of them can afford to go to the dispensary and buy their medicine there.
Now the government wants to once again try to undermine the will of the people of Maine, and once again try to penalize the poor.
Bottom line is the reason they are doing this is because the people that grow it themselves or the caregivers that are growing it for patients are hurting the dispenseries they thought everyone would be buying it from them when actually most are not the prices are retarded and they are not generating the money or patients they expected too if you go there to buy it is way more expensive it’s way cheaper to grow it yourself it’s like $300.00 an ounce buying through the dispenseries when you can get ounces out of one plant for not even half that price and your allowed 6 plants pretty easy to figure out which way to go even putting up the fences and security system in the long run it’s still cheaper i would just set up a grow room in my house that takes care of the fences and security system yes your electric bill goes up about 50 dollars or so a month if you do it right but then no worry about cameras or anything
So is MaineCare paying for their marjuana?
No it does not and I doubt that it ever will. They do pay for all the pharmaceuticals that they want or need.
No, but MaineCare does cover aprox. $220 for 30 pills (one half the cost) for every patient covered by MaineCare that is prescribed Marinol. And if that patient is given Marinol while hospitalized, MaineCare covers 100% of the cost.
The voters of Maine passed this into law via referendum. Since then the bureaucrats and those against the law have done everything possible to slow its implementation. It is a plant for goodness sake not a nuclear bomb.
It’s a ILLEGAL DRUG in every country in this world.
It is less expensive for patients or care providers to grow medical marijuana then it is to buy the synthetic form.
Marinol which is manufactured by pharmaceutical companies, prescribed by a physician and dispensed by a pharmacy costs approx. $540
for a 5 day supply: 30 pills/2 per dose/3 times a day = 5 days (in
patients being treated for the side effects of chemo). If the patient
is covered by MaineCare, out of pocket cost is one half or approx. $220,
every 5 days when they are receiving treatment and for some longer. If
the patient is on a fixed income such as SSI or SSD or Social Security,
they are out of money well before the end of the month. If the patient
does not have insurance or a prescription plan more than often they go
without as they can’t afford it. If they don’t treat their nausea and or stimulate their appetite, they are unable to hold food down.
The use of the plant for medicinal purposes has been allowed by Law for more than 10 years. If a physician ever prescribes it for you or a family member you are free to say no or not fill the prescription. You could also ask to be prescribed the synthetic version … but I hope you have a good prescription plan.
And unfortunately for a large number of patients, Marinol does nothing but make them want to sleep…not something that a dying person wants if they can have access to a natural medicine that takes away their nausea, allows them to eat and makes them more alert and awake.
Until someone experiences the all encompassing sickness that comes with treatment either for themselves or a loved one they can not and will not understand. If you can’t keep anything down then you can’t keep medications down including the Marinol, oral chemo meds, antibiotics, or pain meds. They wind up being admitted to the hospital to treat all the complications of not being to eat, drink and take meds., including pain med withdrawal (which can mean weaning with methadone).
I don’t care if you smoke a illegal drug ….. that’s what it is….if it helps your quality of life. Doctor’s don’t write a prescription for it either, if they did you could get it at CVS. I was commenting on the regulations on the growers. Our pharmaceutics companies and drug stores are regulated and all cost associated with that are passed on to consumers and most are low income people that are sick and on SS, SSI and they don’t get “special” breaks. So get off your HIGH horse on your Medical pot and let’s worry about all the sick and low income people is this State that can’t afford their Medications that keep them alive.
You are correct …. physicians must write a letter certifying that a patient has a qualifying medical condition, not a “prescription”. Medical marijuana is a scheduled drug just like morphine and other narcotics that patients can get through a prescription. Most people on SS, SSI and SSD qualify for MaineCare and the prescription plan through MaineCare. They pay a minimal co-pay generally $3 for a 30 day supply. Sometimes medications are not completely covered so the patient pays out of pocket what MaineCare doesn’t. My example was Marinol which is a synthetic form of marijuana (it treats the symptoms that marijuana treats) and patients pay 50% of the cost, about $220 for 30 pills (which in many cases is a 5-day supply). A physician recommends the dosage and the mode of delivery of medical marijuana to the patient ie smoking, which is not recommended for many patients due to concerns involving the lungs, vaporizing, also not recommended for many for the same reason or ingestion, through edible products.
What you call being on my HIGH horse is my direct experience with a loved one who underwent high doses of chemo and radiation and was unable to keep anything down: water, food and all the oral medications that were on her treatment plan which included anti-virals, antibiotics, oral chemo meds, pain medications and two anti-nausea meds. This situation caused more than one extended hospitalization. Those medications were necessary to keep her alive. Do you not understand that?
Patients (allowed 5 plants) and caregivers (allowed 6 plants for each patients with a maximum of 5 patients or 30 plants) are already required to keep the plants they grow in an enclosed secure area. The proposed new rules apply to ALL who grow not just large growers. That fact in the above article.
In Maine it is legal to use this medicinal plant. If it could be bought at CVS then it would probably not be sold in its natural form. The pharmaceutical industry has already done enough harm in this country. It will be a sad day if they ever take over the medical marijuana industry.
Many of the drugs that the sick and low income people in this state can’t afford are actually causing them more harm then good in many cases. The pharmaceutical industry is crippling and killing Americans.
No it is not. Marijuana and hasish are legal in the Netherlands. Take atrip to Amsterdam and see what an enlightened drug policy is like. You can purchase and smoke both in bars set up for it.
Old School thoughts. It’s not legal it’s decriminalized and they have been increasing the regulations for quite a while. I did live there and drugs are out of control and the Government was force to start regulating the use of these smoke shops you referred to. To buy pot in a smoke shop you have to be a citizen of that Country. Maybe you need to read up on the changes.
I was going to say the same thing. It was in the news for anybody that reads more than the local paper. Tourists were turning it into the Mecca of stoners and they want to reign it in.
They actually got pressure from other countries (including the US) to change their laws so that citizens of other countries where it is illegal would not be able to use it there. I have actually read and watched stories that their use of other drugs has gone down significantly.
And the fact that the party atmosphere and resulting crime caused by tourists who were taking things (not necessarily the pot) too far. As usual, there’s more tan one reason.
Actually, they are doing it because they hope to cut down on the number of harder drugs being brought back and forth over the border. It has nothing to do with the actions of people who visit the coffee shops, but is about the criminals trying to smuggle other drugs back and forth over the border.
Hmmm. Then the 1/2 hour that the BBC spent talking to their officials about it I watched less than a year ago was a red herring…..
We are not discussing marijuana use for recreational purposes …. that is a completely different topic …. the issue here is the costly change in rules for patients and caregivers who are growing and using the plant legally for specific medical conditions.
I was replying to what jimbo had stated to exlex, not to the article.
Largely because of the United States movement against this valuable medical plant that has been used for 10,000 years all around this planet. In the last century the United States government started a war on marijuana and it spread all over the globe.
The lies started with reefer madness Harry J. Anslinger then the news paper tycoon William Randolf Hearst
Harry Anslinger got some additional help from William Randolf Hearst, owner of a huge chain of newspapers. Hearst had lots of reasons to help. First, he hated Mexicans. Second, he had invested heavily in the timber industry to support his newspaper chain and didn’t want to see the development of hemp paper in competition. Third, he had lost 800,000 acres of timberland to Pancho Villa, so he hated Mexicans. Fourth, telling lurid lies about Mexicans (and the devil marijuana weed causing violence) sold newspapers, making him rich.
History lesson 101 http://www.drugwarrant.com/articles/why-is-marijuana-illegal/
Please, don’t forget DuPont’s chemical empire and the entire cotton industry who also hated and feared loss of profits because of hemp crops.
Also, the pharmaceutical industry has done their share of damage to legalized marijuana.
Profits before common sense. Always profits first. Always.
Bingo. Yet, it’s usually the ‘Small Government’ conservative types who yell and scream anytime sensible legalization is discussed.
Portugal is an excellent example of relaxed drug laws.
Gosh I seem to remember the PEOPLE of Maine making it legal for medical purposes. Isn’t it strange how some people are all for State’s rights until they disagree with your position.
Thanks BDN …. my eyes are getting red just looking at that photo ….. I hope I’m not breaking any laws?
Pharmacies house very dangerous drugs. I am sure your local CVS or Walgreens would have security systems even if they didn’t have drugs.
I bet they pass those costs on to their customers too.
Voters vote to spend money and the money is spent before the ink is dry. No legislation, no questions and because the people said it to be done it is done. Voters vote to legalize marijuana for medical use and the many years of legislature bs is constantly trying all kinds of wrangling. Hey voters vote to hold their paychecks and I bet this would all stop. I don’t care either way about people using marijuana it is a personal and medical decision not a political one. Quit wasting taxpayers dollars on the garbage and get some true legislation going in Augusta or the next time your up for reelection rememebr we the people are paying attention.
It’s too bad that this whole program was pitched as a last ditch solution for people who “needed” help because traditional medicine did nothing to ease their pain. Now it’s a recreational medicine. Have a headache? Get stoned! Hurt your toe? Get stoned! Too much pressure from your boss for not showing up on time to work because you were stoned? Get Stoned! Sunburn? Get stoned! There SHOULD be lists of who’s on it, and the police should have their vehicle information. Did I hurt your feelings? Get a prescription and GET STONED!
Most medical marijuana patients with legitimate medical conditions do not ever really get stoned. The medicine is more effective in the smallest dose possible to control the symptoms. The more one smokes, the less it controls symptoms. Doctors who recommend tell their patients this and it is in all of the literature.
You may have watched too many stoner movies and probably have not had any experience with real human beings who are suffering that find relief from this plant. Sure there are Maine residents who have become medical marijuana patients just so that they can use it recreationally, but they are going to smoke regardless of this law.
Those who need it and benefit from it should not be mocked or called stoners. They are suffering human beings who don’t want to fill their bodies full of toxic, harmful, life-changing and in many cases, life robbing pharmaceuticals which do not take away their symptoms but cause more unwanted symptoms.
Most good things start with the best intentions and then they get out control. Nobody on here is arguing the personal use of pot to ease some one’s suffering. Without controls and regulations this State will end up like some cities in California with pot shops on every corner. The federal Government had to step in to end the madness.
You truly don’t have any good info
He knew about the changes in the Netherlands and the mess in California. How many here are up to date on those recent happenings?
But the information he is giving is incorrect.
Since you don’t give any counter info, I’ll respectfully disagree with none of my own. It’s tiresome explaining info that’s already available.
Actually I have traveled to California recently and there are not pot shops on every corner. The only madness is that our politicians are given money by the pharmaceutical companies to squelch medical marijuana because they are losing business and medical marijuana is one of the greatest threats to the pharmaceutical industry.
This change in Maine regulation is nothing more than an attempt to make it more difficult for patients to grow their own or to have a caregiver grow it for them. This is an attack on the poor who are sick and injured.
The people of Maine voted for this law. It was passed by a majority of voters. Since that time the Maine legislation has tried to undermine the voters of Maine. Now DHHS is trying to change the will of the people and the law that our legislatures passed and LePage signed.
I can tell that you’ve never been to California.
You really don’t understand do you? As far as you are concerned someone who is suffering from chemo sickness (nausea, vomiting, loss of appetite) only uses medical marijuana to get stoned? The dose they are prescribed is only what is needed to allow them to be able to keep fluids, food and medications down. When they are unable to do these things they become dehydrated, they do not get proper nutrition, become more susceptible to life-threatening infections, vomit up oral medications (oral chemo, anti-virals, antibiotics, pain meds, etc) and get admitted to the hospital to treat these things.
Dear Jeremy You weren’t home when I ran over your dog so I left a joint in the mailbox for you to help your suffering. Hope you get home before the mail man comes.
Your a nut case that sound s like something a drunk would do at least the pot head left a note you the drunk prob kept driving and and maybe ran a person over …and I have seen sober people hit a dog so your just on here flaming and trolling that’s what you are a flaming troller….your the problem society has the way you think is worse then any drug
Being priced out, what else is new?
I know cities that have ordinances that do not allow fences over 6 feet! They aren’t allowed 8. Would there be an exception for be crop? I understand the might as well post a sign comment in the article.
I beg to differ on the toxicity of the plant. It probably is a poison to protect the plant, hence hallucination, delirium and paranoia people can get from the plant. You might think someone is cheating on you and they are not, get paranoid watch your own house to see nothing from across the street, use a hidden recording device and hear voices on the recordings no one else hears, and think someone is doing things in the middle of the night, and call them unsafe, scary, crazy and sick to anyone you can find.
Lay off the dope, and stop taking their life, liberty, and pursuit of happiness away!
Since when does someone hallucinate while smoking pot ? I dont know what YOURE smoking ………but you should lay off of whatever it is. Sounds like you are describing meth heads……
It does not cause hallucination or delirium. If one does have a flash of paranoia it does not last long and will go away quickly. I think you are confusing medical marijuana with bath salts.
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Isn’t the LePage administration known for less government? They are all the same.
This is still just an edible vegetable plant.
The true benefit for health from this vegetable is to eat it like spinach and lettuce, the young leaves are the tastiest and most beneficial containing antioxidants for cancer prevention.
The State of Maine company just likes to feed it’s lust for control through rule making, always more government and less freedom for people.
Dispensaries charge so much money for a vegetable, they are the one’s being protected by inhibiting people from growing their own vegetable. Why do they get the monopoly?
You do realize that this is one of the few medications that helps people with their symptoms, increases appetites and COULD BE FREE to the person who needs it if it were legal for them to just grow their own and have people MIND their own business.
Wow, I suppose if you don’t like it do something besides complain behind an anonymous handle on the comment section of the newspaper. Everyone on here acts like some sort of expert, and it goes for the pro pot side, and the against pot side. If it helps someone to deal with the end stages of cancer or other terminal diseases, thats awesome that they can get some quality of life from the little time they have left. Both sides are intolerant of the other, thats the problem with the whole world now a days. Intolerance. As anyone that took the time to read the medicinal marijuana laws, you know that even though they are allowed to posses it they still have to pay for the doctors visit and their pot out of their own pocket. So to all the old fella’s that want to take all them nasty pot heads out behind the wood shed and put a bullet in their skull, your not paying for it. I am sure in the convoluted environment you call your mind you think you are, but whatever. This is basically one of those things I caught on to growing up, but if it doesn’t effect you, shut up. Is anyone forcing anyone to go on medical marijuana? Nope. They sure ain’t. If you don’t like it, well great. I have found there are tons of things I don’t like that the government does or allows, and I can’t do anything about it, so instead of getting all in a dither and having a pointless computer battle on the BDN comments, I just shut my cake hole and deal with it. No one is forcing you to do anything, well except buy into the whole Obamacare thing, but thats a completely different argument. Thanks for your time guys, try to be a little more tolerant of other people. You don’t have to be nice, or any of that, but minding your own business goes a long way.
Excellent opinion. Well stated. Best viewpoint I’ve read on this site ever. I agree with you 100%.
I’d really like to know what division of DHS and specifically, which individuals and at whose instigation – came up with this mess of proposed regulations. Instead of applying the faceless moniker “DHS” perhaps an enterprising reporter might ask a few more questions.
They are smoking to much…pass..pass…hit
They still have a workable drug policy which is the point of my post. The drug policy of the United States has done nothing but cost of billions in treatment and incarceration. Now the State of Maine wants to defy the vote of the people on this issue by unreasonable regulations.
If DHHS makes too many Medical Marijuana laws that are near impossible to follow, people will grow it any way they can or they will steal other people’s hard earned crops. DHHS wants us to advertise what we are growing behind closed doors or locked fenced areas, which is incredibly stupid. I choose to grow my own but refuse to advertise it to the criminals who would break into my home to rob me of a medicine that works to easy aches and pains. If I choose to grow it outside on my own property, the last thing I want is a closed fence (which stops air flow and promotes unhealthy mold on buds) stuck in the middle of my yard with motion sensing lights (which ruins the budding cycle) with a lock and a sign saying “Medical Marijuana Grown Right Here” to entice criminals. If these laws become too much of a burden, people will grow it illegally and become criminals in the eyes of the law. How does that help anybody?
I have written to DHHS on their comments section and said all of this, but something tells me DHHS has already made up their minds and won’t listen to the people who are much more experienced than them when it comes to growing this herb.
I encourage all of you who agree or disagree with these new proposed laws to write DHHS and let you opinions be known before it’s too late.
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We should have known this would happen honestly. The voters have no rights. We vote something, and the government changes the laws to make it impossible. They are going to continue to make our vote worthless, as if it already isnt. One has to wonder if this truly is Land of the Free after all?
Gosh a plant that anyone can grow, has far less negative impact than either tobacco or alcohol, has lots of medical benefits and we are still regulating it like cocaine… sorry, 5 stars on the hypocritical rating. I’m not for any-recreational drug, but of all the ones out there this is the most benign.
How about motion detectors and 8 foot high walls around pharmacies – just not sure who needs more protection, the pharmacists from machette wielding addicts or the general public from the exodus of pills crossing over the counter.