Governor Paul LePage of Maine talking at the 2017 Conservative Political Motion Convention (CPAC) in Countrywide Harbor, Maryland.
Photo Credit rating: Gage Skidmore
According to Governor LePage, implementation of the new Maine professional medical marijuana regulations will probable be delayed until May possibly 1.
In a previous-moment move, Governor LePage agreed now to delay the effective date of the Maine DHHS/CDC’s new professional medical marijuana policies slated to take effect February 1. Between other variations, the policies would introduce necessary inspections for caregivers devoid of observe, even in their properties, and inspections for people with 24 hours’ see. Even though people and caregivers would still have the Fourth Amendment right to refuse an inspection with no a warrant, the new regulations would offer for potential penalties for caregivers who refuse an inspection, which includes revocation of licenses and referral to legislation enforcement. The regulations would also introduce new caregiver recordkeeping requirements.
The new guidelines have satisfied with major pushback from people and caregivers, which includes a lawsuit submitted in US District Court by caregivers, alleging the new policies would violate patients’ HIPAA protections, and that they exceed the legislative authority granted to DHHS, among other claims.
The good thing is for Maine patients and caregivers, dependent on a January 31 letter from Governor LePage to Rep. Deb Sanderson, who requested a hold off of the new guidelines, it seems that the rule changes will not be enforced till May 1. LePage will very likely concern an government purchase this week delaying the rules’ enforcement, as a moratorium invoice that would delay the rules’ implementation would not have been authorized right before the principles took result on February one.
In his letter, LePage cites the require to keep away from “complication and confusion,” and reiterated his former phone for the new medical regulations to a lot more closely parallel the upcoming adult-use cannabis legislation[¹]. As with his letter issued in Oct 2017, in relationship with his veto of a monthly bill to overhaul Maine’s leisure marijuana legal guidelines, he stressed the significance of unified oversight of both equally cannabis systems by a person agency, and similar tax prices for the two packages.
Assuming the Governor is true to his term and issues an order to delay the guidelines, caregivers will not want to get ready themselves for the new procedures to take outcome on February 1 – or for obligatory unannounced inspections by the Maine DHHS/CDC. The system will go on to function beneath the present regulations, final updated in September 2013, and under the Medical Use of Cannabis Act.
There is no penalty for refusing an inspection underneath the existing DHHS guidelines.
If the new guidelines are delayed as predicted – and even in the not likely celebration that they are not – Maine people and caregivers must don’t forget their constitutional rights. Just like any individual else, sufferers and caregivers have the Fourth Amendment right to refuse entry by any authorities agent into their private assets with out a warrant.
In the occasion a DHHS inspector calls or exhibits up at the doorway, a client or caregiver can (and should) politely check with that the inspector to reschedule the inspection for a time when an legal professional can be current. The present rules present no penalty for refusing or suspending an inspection, and inspectors routinely reschedule inspections when questioned. An inspection will be significantly a lot less annoying, and significantly less dangerous, with an legal professional existing.
Last of all, a client or caregiver ought to neversubmit to a warrantless search by, or respond to the inquiries of regulation enforcement brokers, for the duration of a DHHS inspection or usually. If a DHHS inspector comes for an inspection accompanied by legislation enforcement brokers, and the affected person or caregiver is completely ready for an inspection, the client or caregiver ought to politely desire that all those brokers remain outdoors. There is no legal prerequisite for law enforcement to take part in an administrative inspection, and there is basically far too considerably opportunity for legal problems to occur.
Footnote [one]: The moratorium on the retail elements of Maine’s adult-use cannabis regulation is established to expire on February one. However, with no agency regulations in position to carry out the plan or provide for a licensing course of action, no grownup-use marijuana licenses can be issued. The legislature is thinking about a new evaluate to even more delay implementation of the retail elements of Maine’s grownup-use cannabis legislation.
As usually, this website put up is not case-specific, and not a substitute for lawful advice from your attorney. If you have any inquiries about the current or new DHHS professional medical marijuana procedures, or other lawful inquiries, get in touch with your legal professional.