This document provides a summary of a presentation about navigating legal situations as a medical marijuana patient in Maine. It begins with disclaimers that the information does not constitute legal advice. The presentation then covers definitions of rights, privileges, and duties as they relate to medical cannabis patients. It discusses driving, housing, parenting, gun ownership, and employment considerations for patients. Throughout, it emphasizes that patients have responsibilities to act safely and legally even when uses are permitted. The document stresses that state-level permissions do not override federal restrictions.

1. Confidential - do not distribute - 2013
Beyond Certification:
Navigating Legal Situations as a
Medical Marijuana Patient in Maine
Presented by Becky DeKeuster, M.Ed
Co-founder, Director of Community & Education
Wellness Connection of Maine

2. DISCLAIMER
The content of this webinar does not constitute legal
advice. Neither WCM nor its employees can be held
liable for the results of any action or decision that is
based upon the information provided here. Laws
vary from jurisdiction to jurisdiction, and they
change frequently and often rapidly.
If you find yourself in need of legal assistance, please
contact a qualified lawyer immediately.

3. Today’s Agenda
•Definitions: rights, privileges, duties
•Driving
•Housing
•Parenting
•Gun ownership
•Employment

4. Confidential - do not distribute - 2013
Rights, Privileges, Duties
and Medical Cannabis Consumers

5. Rights: Natural and Civil
Natural rights: A political theory that all humans possess intrinsic
basic rights given by nature or God, which no government or
individual can deny.
• In the U.S., these are defined as “Life, liberty and the pursuit of
happiness”
Civil or legal rights: Belong to all citizens of a particular
jurisdiction; redress for infringement is available under the law.
• Examples in the U.S.: Marriage, trial by jury, Miranda rights,
equal protection under the law

6. Privileges
“A special benefit, exemption from duty, or immunity from penalty
given to a person, group, or class of people.”
• A privilege is not a right, but generally an exemption from some
standard.
I am a medical
cannabis patient in
good standing
(civil right)
So I may legally
possess more
cannabis than non-
patients (privilege)

7. Responsibilities/Duties
“A legal obligation that entails mandatory conduct or performance.”
• U.S. example: The privileges of being a citizen of the U.S. come with a
responsibility to participate in jury duty
I am a medical
cannabis patient in
good standing
(civil right)
So I may legally
possess more
cannabis than non-
patients
(privilege)
BUT I may not drive
to endanger others
(responsibility)

8. Medical Cannabis: The Square Peg
Natural right (maybe)
Civil right (in some places)
Privilege (in some places)
Responsibility (always)

9. Medical Cannabis: Responsibilities/Duties
• In the absence of clear federal and
state guidelines, and
• Given the lingering effects of
cannabis prohibition and the
stigma associated with the plant,
• Medical cannabis patients should
always hold themselves to the
highest standards of conduct
National
community
Local
community
Family
Self

10. Confidential - do not distribute - 2013
Driving While a Legal Medical
Cannabis Patient

11. Driving with Cannabis in the Vehicle
The safest space to store your medicine while
transporting it from source to home
(Keep Trip-Tik with medicine)
Arm’s reach
Odor
Visible evidence
Don’t display medicine you have just obtained to other
persons in your vehicle
Whenever possible, use storage solutions that block
odor, even though you transport your meds in the trunk
Never leave medicine or delivery devices in a visible or
arm’s-reach location in your car (console, glove box,
door)

12. Driving a Vehicle with Cannabis in You
Your certification does not protect you from Maine’s OUI standards.
Your certification will not protect you if you
drive in an unsafe manner, or are unable to
perform a field sobriety test.
Cannabis metabolites remain in your
system for days even after any psychoactive
effect is gone. While there is no
“breathalyzer” for cannabis, a blood or
urine test may be used.
If you are trying a new strain or a new
delivery method, do NOT drive until you
know how this new method affects your
reaction time and motor control.

13. Driving as a Patient: KNOW THIS
Your certification does not protect you from OUI if you are pulled over
Starting a new method of intake may cause different reactions than
you have previously experienced—it is your duty to act accordingly and
to take responsibility for your actions
Safe storage, safe use, and safe driving practices may help prevent
unwanted interactions with law enforcement

14. Confidential - do not distribute - 2013
Obtaining and
Maintaining Housing as a
Medical Cannabis Patient

15. Renters/Owners Be Aware
Landlords are free to make their own decisions about smoking or
growing cannabis (Currently there is no federal right to smoke tobacco or
other substances
State-legal medical cannabis patients can be denied housing in federally-
subsidized homes
“Grandfathered” medical cannabis patients can be evicted from
federally-subsidized homes in Maine if their use becomes known

16. Patients Who Rent or Own: KNOW THIS
If smoking tobacco is prohibited, smoking (and probably vaporizing)
cannabis is prohibited
The landlord has the right to determine what happens on her property
Neighbor complaints are a top
reason for law enforcement visits
(not only complaints about smell or
growing—loud parties, domestic
disputes, etc.)

17. Confidential - do not distribute - 2013
Patients Parenting
(And Parenting Patients)

18. Parenting with Cannabis in the Home
• Always store cannabis medicine in child-proof safes or lock-boxes
• Never use cannabis in the presence of your under-21 children
• Have age-appropriate
conversations about
cannabis, its medicinal
value, and its legality under
federal and state law

19. Parenting when the Parents Disagree
Cannabis use in the home, both medical and other, is grounds for CPS to visit.
Maine law: “A person may not be denied parental rights and responsibilities with
respect to or contact with a minor child as a result of acting in accordance with this
chapter, unless the person’s conduct is contrary to the best interests of the minor
child.”
ME Chief Justice Leigh Saufley (Jan. 2015): “As with any medication or substance, the
question of whether a parent’s ingestion of marijuana is legal is only part of the
equation… The more important question is whether that ingestion negatively
affects, limits, or impairs a parent’s capacity to parent his or her child.”

20. Parenting: KNOW THIS
Your duties as a parent
ALWAYS COME FIRST.
Your use of medical cannabis
may be brought up against
you in custody hearings. If it is,
irresponsible use and storage
will reflect poorly on you.

21. Confidential - do not distribute - 2013
Patients Who Own Guns

22. Guns and cannabis in a car or in your home
State Law Does Not Trump Federal Law
The federal government currently considers all forms of cannabis
including non-psychoactive hemp to be a “Schedule One” drug,
with no accepted medical use and a high potential for abuse.
Federal agencies can use the presence of a gun in a place where
cannabis is grown, stored or used as a way to increase charges
against an individual. Mandatory minimums apply.

23. Gun Owners: KNOW THIS
Your duties as a responsible citizen come FIRST.
If you must keep them in the same building, store your medical
cannabis and your firearms WELL APART.
No special BATF protections currently exist for state-legal
medical cannabis users who seek to legally obtain a new
firearm.

24. Confidential - do not distribute - 2013
Patients in the Workplace

25. Current Protections for Employees
Coats vs. Dish Network (CO State
Supreme Court)
Hiring decisions in Maine
Worker’s Comp claims in NM:
promising developments

26. Employees: KNOW THIS
• Being a medical cannabis patient does not grant you special
employment rights
• Employers in Maine are free to disqualify you as a candidate
based on a pre-employment drug test
• Employers are also free to ignore positive tests for THC
metabolites in pre-employment drug screens for mmj patients
• As an “at-will” state, medical cannabis patients in Maine have
no special privileges when it comes to hiring decisions

27. Confidential - do not distribute - 2013
Remember: You have rights during
encounters with law enforcement.
“Am I under arrest? Am I free to go?”
“I choose to remain silent. I want to
see a lawyer.”

28. Confidential - do not distribute - 2013
Thank you for your time and
attention! Any questions?