OK, I just posted this on another topic but could go here as well, sorry for the double post but wasn't sure how to link to it.
You have to be a registered 501(c)(3) nonprofit. Better get a lawyer, form a board of directors with responsible Maine residents which means being connected. We are talking lawyers, doctors, community leaders, retired judges, etc. All packages will be given a complete once over and DHHS will select the best qualified applicants.
I have been involved with the Task Force meetings to establish the regulations for caregivers and dispensaries. The restrictions coming out in the very near future may surprise many patients, would be caregivers and potential dispensary owners in Maine.
We are expecting to adopt legislation like New Mexico, a very limited number of initial dispensaries, 1-3 tops. There is a $5,000 license fee, you have to be a registered non-profit orginization, and you will have to do all of this in the next 45 days, not possible.
The state is going to modify the law to pull patients away from caregivers and they are looking at having the Department of Agriculture handling the growing operation. It hasn't been decided yet, I met with the Task Force on Jan 5th, but they may adopt a position where the state grows the nursery stock to maintain oversight and then sell the nursery stock to patients, caregivers, and dispensaries. They are also considering that the Department of Agriculure will grow everything from start to finish and provide that to registered patients, caregivers, and dispensaries for a fee.
All registered and unregistered patients, caregivers, and dispensaries would be required to buy the nursery stock from the state. They are looking at setting price controls the same way they control alcohol here. Price controls mean that would be caregivers have to compete with the state authorized dispensaries yet are severly restricted in the number of strains they can provide to patients because of plant number requirements (6 per patient).
The state Department of Agriculture would afix seals to all plants sold which will expire 120 days after sale. Police and inspectors would know at a glance if a grow is legal. This means that anyone growing from their own stock would be deemed illegal. This also means that if everyone has the same genetics, patients will move to dispensaries because of selection. They are looking to make it financially not profitable for caregivers or patients to grow. They are considering a price of $80-100 and ounce at dispensaries which means a lot of profit is gone for would be caregivers and they would have to compete at that price point or patients will go to the dispensaries simply because of better selection, all other things being equal.
You will also have to pay for each plant purchased and that may be as much as $30 a plant. You see where this is going? Regulation and oversight.
Several people on the Task Force are going to force regulation on this industry in Maine that you have not seen in any other state. I am a patient, I am a caregiver, I am co-founder of a non-profit that has a package waiting, it's taken well over 8 months of dedicated effort and in the end it may be for nothing.
Maine is going to shock a lot of folks, especially patients that are "unregistered" under the old law. They would remain legal under the old law however under the new proposed changes they would be required to purchase from the state facility, show proof everytime they purchase unless they are on the state registry. They are trying to eliminate patients that obtained a doctors recomendation six or seven years ago and have never had it updated. This will force them to register and get updated paperwork. If they grow without state supplied nursery stock they will be prosecuted.
There is a backlash right now when you talk to other dispensary owners because of the loose regulation surrounding this, overall it's not good for the industry and for the ultimate goal of most smokers. Even in California individual towns are looking for way to shutdown operations, not good. The problem is everyone see's a flood of dispensaries as a logical step to legalization which it is not. The more they push to play fast and loose the more people become unaccepting. The clear path to legalization is a steady approach of public acceptance; medical use first, greater state oversight, price controls, better public acceptance, state established facilities much like liquor stores.
I totally support legalization, but that will never happen without the government getting their share, won't happen. Small baby steps are needed.
I know this is not the news everyone wants to hear about Maine, but it is the reality of whats coming. Maine Common Sense is a good group and they are working hard to keep this type of regulation from happening, but in the end the state will do what they feel is needed. Remember that this is about patients that need medication. The price controls that the state is considering may not be good for business but it will ultimately be much better for patients who pay out of pocket. By the way, all strains would cost the same under the proposed rules change.
