Beneath is my letter to Senator Michael Thibodeau, and the other republican members of the Legislative Council, pertaining to tomorrow’s appeal of L.R. 2547. If you, or anyone you know is associated in Maine’s health-related marijuana plan, I hope you will contact your consultant and urge them to help prevalent feeling legislation working with patient and caregiver inspections as nicely.
Senator Michael D. Thibodeau
169 Coles Corner Rd.
Winterport, ME 04496
November sixteen, 2015
RE: Guidance for L.R. 2547
Pricey Senator Thibodeau:
I am crafting to urge you to vote in the affirmative for L.R. 2547 at the approaching Legislative Council hearing on November 19. As you know, L.R. 2547, entitled “Resolve, To Explain Inspections of Caregivers under the Maine Health care Use of Cannabis Act,” seeks passage of regulations and rules governing inspections of patients and caregivers participating in the Maine Clinical Marijuana Software (MMMP).
As an attorney with working experience representing clientele who operate underneath the latest MMMP laws and regulations, it is my hope that you will see L.R. 2547 not as a partisan measure, but as a widespread sense response to an emergency. As you may well know, the MMMP is plagued by legal ambiguity and grey places. These gaps in the regulatory plan not only expose patients and caregivers to terrific risk, but also burden Maine’s court method, law enforcement companies, and DHHS with time-consuming and expensive prosecution and litigation. Lots of patients and caregivers encounter felony expenses for civil rule violations. These legal prices are usually – but not constantly – dismissed outright. Legislative and administrative direction working with alleged violations of the MMMP regulations is urgently desired to avoid more authorized uncertainty and squandered taxpayer dollars.
In addition to guidance about the correct response to rule violations, legal guidelines and policies governing grievance inspections of people and caregivers by DHHS are sorely necessary. Presently, there are no legislation or policies that dictate underneath what conditions DHHS might conduct inspections, the authority and duties of the inspectors, or the appropriate administrative reaction in the function an inspection uncovers a rule violation. Regularly these warrantless inspections by DHHS outcome in referrals to law enforcement and prison charges in opposition to individuals and caregivers. All over again, these costs are frequently, but not always, dismissed.
The web final result of these unregulated inspections and misguided criminal proceedings is a waste of time and funds for all functions. Worst of all, this uncertainty imposes needless threat, anxiety, and hardship on individuals who desperately have to have professional medical cannabis to handle debilitating conditions, and upon individuals who care for them.
Consequently, I strongly urge you to vote in favor of L.R. 2547 at the forthcoming Legislative Council listening to.
Really actually yours,
Matthew T. Dubois, Esq.