ROCKLAND, Maine — A marijuana caregiver from Washington has filed a lawsuit against the state challenging the right of a state agency to impose fees without legislative approval.
A lawsuit was filed on John Stewart’s behalf Tuesday in Knox County Superior Court asking for a declaratory judgment by the court that the Maine Department of Health and Human Services’ division of licensing and regulatory services exceeded its authority in imposing fees.
The lawsuit asks for the court to block the state agency from enforcing the marijuana caregiver registration fees.
Stewart paid $900 in 2011 and $900 in 2012, according to the lawsuit.
Stewart, who is also a qualifying patient for medical marijuana use, argues in the lawsuit that DHHS failed to lawfully adopt rules for the medical marijuana program.
Stewart seeks the return of $1,800 he has paid during the past two years, and asked the court to pay his court and attorney fees.
Stewart said Wednesday that the $300 registration fee per patient per year was excessive, particularly for small farmers.
He is represented by attorney Gregory Braun of Bridgton.
John Martins, DHHS director of public and employee communications, said Wednesday that the agency has no comment since the matter involves a pending lawsuit.
So much for everyone that said that pot heads would be willing to pay taxes and fees. And the dream that this was going to take care of our budget issues. What a joke. They wont pay taxes nor are they buying it from dispensaries anyway. It is still cheaper to buy it on the street where there are no taxes. The legalization argument is a joke.
I don’t smoke the stuff, so it doesn’t effect me, but I really don’t think people should care what their neighbors put into their body. It should be their own responsibilty. I can see a big savings though by the legalization if one takes into account the reduced police enforcement, and the reduced imprisonments, and never mind the taxes which is legalized theft of property anyway.
I won’t argue pro-MM because I haven’t taken the time to study what doctors and medical experts have to say one both sides. However, the state laws involved here cover use for medical purposes. I think the fees are an outrage because of that. I’m also opposed to any special taxes being levied on it. It’s bad enough that we get charged sales tax on a lot of things that are for medical needs.
Skip trying to find what doctors and medical experts say because they are bias and are controlled by the pharmaceutical companies. Read the thousands of first hand reports from the patients themselves. Until our government decides to do non-bias studies that could actually help clear up the misinformation that it has previously offered to our citizens, there is no point to looking at any research because it is skewed. .
It’s particularly hard on ALL those many small farmers afflicted with pain!
It’s a business fee on a profit making enterprise, not an altruistic effort to help people that the law was meant for.
Nice edit removing all references to the small farmers in pain. Basically a complete rewrite….
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If you are referring to me, I’ll just set you srtaight. My doctor has tried to get me to use the foul tasting giggle inducing crap for years to get me to eat more than a baloney sandwich per day and to counteract my nausea from 13 pills a day. It can easily be bought here in Boston and I have yet to meet a seller that is doing it for anything but profit.
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In my hometown of 600 in the County, I know of at least 3 sources so it’s not just down here. Legalization makes perfect sense.
The rest of your comment is preaching the bloody obvious to the choir.
I still have untouched perc’s and oxy’s from a hip replacement (at 45!) and 2 shoulder surgeries that I refuse to touch, but the 13 other pharmaceuticals have kept me alive for 15 years.
I previosly addressed he nausea issue.
NOBODY does it with service in mind. Only a business and as such should pay a fee to operate like any profit venture.
I don’t care about pills. They have their place but they are chemically based poison for the most part.
I was born and raised in a small town in the County as well. I know what’s going on here.
Your mind is made up without really knowing how much good this medicine does. If you tried a vaporizer the smell and the taste is virtually non existent.
I don’t know why you feel the need to testify here that you have unused percs.
You have a good day and keep taking those pills that your liver works overtime to metabolize.
I mentioned percs to illustrate that I only take what’s necessary.
I recognize pot’s value and believe that it should be legal across the board.
My liver would have been in a casket 15 years ago without all those other pills.
A medicinal pot law in Mass was passed just this month, so vaporizers have been out of the question, plus I don’t like the effects of the stuff.
Now, relevance to the artical: If he wants to open a business to sell the stuff, he should pay the business fee period.
Have I stuttered so badly that you don’t comprehend what I’ve repeated over and over (and you’ve been doing the same)?
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A pharmacy does pay a fee not per patient, but licensing, as well as tax to the town for business equipment, property tax, and others. Maybe the fee is high, but it is what it is. There is a price for everything in life these days. This program was also supposed to ramp up, it hasn’t. How is the state supposed to increase and create a better program when the fees pay for the program?
For caregivers that fee seems to be a bit too much.
Good luck.
Thats a shame.There are people who do it for other reasons as well.And if you use a vaporizer,its not foul tasting.Not anymore foul that baloney anyway…
It’s baloney to believe anyone grows and sells it for kindness only.
Since Mass passed a medicinal use law just this month, vaporizers etc have not been available to anyone.
Many caregivers offer a substantial discount to people who are low-income. They are usually growing it for themselves or a loved one anyways, so they grow a little extra to help those who need it.
Yep. however no one goes into business for a loss. The larger you scale the more costs that are involved. Not to mention, some of us do testing, which has a cost. Then there is delivery, soil, nutrients, containers, time to cure, plus its a 40+ hour work week. I do not charge as much as the dispensaries, I also only deliver. Do you complain about the local greenhouse overcharging? Your florist? Done right takes time and know how. Done OK is easy.
Right, but I am not talking about someone going into a business per se. I’m talking about someone growing a little extra for people who can’t afford dispensary prices. Some caregivers do offer it at cost on a limited basis.
Read my post again and you will see it’s not about pro vs. con MM. I know at least one person in the VA system who says it works. If I ever think I need it for myself, I’ll just buy/grow it. I’m good at keeping secrets and that’s what I would do until the day comes when BOTH federal and state law allow it. Anyway, the point I was making is that this caregiver fee is like a “wheelchair tax”. The state has already said it’s medical and that’s good enough for me to believe the state should not be making a profit from it. I stopped using it for recreational purposes because it interfered with some complex technical things I had to do. However, I think alcohol is far more dangerous than mj. I have known fellow geeks who could smoke it regularly and still wind up with a high GPA and degrees in something like physics or chemistry. Good for them but I don’t think it’s the norm. When I used to get baked, it was things like music and good rice pilaf that occupied my mind.
People who use a natural plant to relieve physical suffering are not pot heads. They are simply human beings wanting to be able to get through each day. There are hundreds of people all over the state who are using the dispensaries. Some dispensaries have so many patients that new patients are put on waiting lists. No one should have to pay taxes on medication. You are confusing the legalization issue with medical marijuana. They are two separate issues.
Fees are not taxes. Look at the SJC about Obamacare.
I was referring to when the original poster talked about taxes.
And I was referring to how the Government can call them anything they want; tax or fee.
Actually the SJC ruled that it was a tax. And that the government has every right to make as many taxes as they want, or as little.
Patients do obtain their medicine from the dispensaries as well as private caregivers.
There are all kinds that have “Certificates” and are still buyinig on the street. Why pay $400 an ounce when you can get it for $200 on the street? Oh and I was told this by several “medicinal users”.
You were told this by several “medicinal users”? The your, sir, are way gullible. I have abridge to sell you…..
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There is a huge difference between commercial and medicinal marijuana. This is not BS. However you get what you pay for stems and seeds weigh a lot.
Nice red herring(s).
They should upgrade the Monopoly board game to include this setup we have in Maine. Replace the railroads with licensed dispensaries and farms. The new rule would be that if you own all of them you can take Park Place and Boardwalk away from the current owners. Then McDonalds has to pay you a million dollar prize.
Should phamacies have to pay the state $300.00 for every patient it has per year?. and they sell way worst drugs.
Pharmacist
Pharmacist means an individual licensed by this State to engage in the practice of pharmacy.
“Chain pharmacist” means an individual who is practicing pharmacy within a chain; that is, where there is a corporate grouping of 4 or more stores. [1987, c. 710, §5 (new).]
“Hospital pharmacist” means an individual who is practicing pharmacy in a hospital setting. [1987, c. 710, §5 (new).]
“Independent pharmacist” means an individual who is practicing pharmacy in an independent pharmacy; that is, where there are fewer than 4 pharmacies under the same ownership. [1987, c. 710, §5 (new).]
“Qualified assistant pharmacist” means an individual licensed by this State as a qualified assistant apothecary, qualified assistant or assistant pharmacist, provided that the license is in full force and effect, except for the right to serve as a “pharmacist in charge.”
How to applyFeesOriginal Pharmacist: $200.00 ($100.00 examination application fee per exam)
Score Transfer: $100.00 exam application fee
Reciprocity/Endorsement: $250.00 ($100.00 examination application fee and $150.00 License fee)
Criminal background check fee: $21.00
TermAnnual
December 31st
So they pay some not as much. They also pay taxes.
If your friend offers you POT, they are not your friend.
Want to get high? Step out your door and take a look at something similar like this:
http://vimeo.com/49887916
http://www.bing.com/videos/search?q=maine+waterfall&view=detail&mid=D05D6F1DC4F03831A131D05D6F1DC4F03831A131&first=0
http://vimeo.com/43276441
LEO’s are not our friends no matter how much they try to convince us they are.
Marijuana is not evil. What is wrong is they way people think about it.
I didn’t look at your silly video, as usual it’s probably based on a wives tale.
You continually post about something you don’t know much about just what you think you see.
Somewhere along your life path, someone innocently offered you POT to smoke for the first time. You could not say NO, because you were under a tremendous amount of peer pressure to only say YES. And you said ‘yes’.
Your value judgment was then on afterwards, brain washed that POT was ok, and never to question if it may be bad.
You are the one who has been brainwashed by our government and you aren’t willing to do any real research on this subject but would rather embrace stereotypes than expand your understanding.
$25.00 per month, per patient? That’s not so bad. I’d pay that for the privilege of cultivating medication. It would, of course, be added to the patient’s invoice or insurance claim card.