Inspectors from the Maine Sheriffs’ Association have found no major issues in the month and a half since they were hired by the state to conduct compliance checks on medical marijuana caregivers, according to the program administrator.
But caregivers still have concerns about the program, particularly that these checks are spurred by anonymous complaints and that caregivers were not given an opportunity to provide input before it went into effect.
Maine Department of Health and Human Services officials have not provided much information about the new compliance program, other than to say it grew out of an increasing number of complaints.
DHHS officials have not released information on the number of complaints or the nature of those complaints.
The Press Herald submitted a request under the Freedom of Access Act for the complaints, but department spokesman David Sorensen said in an email Wednesday night that they are considered confidential and not subject to the public records law.
It would make sense that complaints have increased because the number of registered caregivers has grown 600 percent in four years, from 238 in 2011 to 1,720 in 2014.
Mary-Anne LaMarre, executive director of the sheriffs’ association, said the four “compliance specialists” have completed roughly two dozen checks since March 1 and all have gone smoothly.
“Our goal has been to make caregivers feel like this is educational,” she said. “These are small-business people and we respect their rights. We want to help them be in compliance.”
LaMarre said the complaints have all been different, but in general they involve someone questioning whether a growing operation is being conducted properly.
Per Maine law, caregivers are allowed to grow as many as six plants each for up to five patients and they have limits on how much processed marijuana they can have on site and how much excess marijuana they can sell back to dispensaries. There also are security provisions that must be adhered to, such as fencing if plants are outside, and locks if they are inside.
“We haven’t had any complaints from caregivers,” LaMarre said.
“In fact, we’ve had a couple instances where caregivers have posted on social media that the visits were courteous and professional.”
Lewis said her organization is trying to educate caregivers on their rights and on what to expect but that isn’t really known.
She also is worried that responding to anonymous complaints could lead to calls from people who might simply have an ax to grind with a neighbor.
King Bishop, a caregiver from Morrill, didn’t know the inspections were happening until inspectors Matthew Clark and Mark Desjardin showed up at his door last month.
Bishop said to the Press Herald earlier this week that they were polite and asked legitimate questions, but they didn’t have IDs other than business cards and he wasn’t sure what to make of their role in the program.
“I didn’t know what my rights were,” he said. “I didn’t know what powers DHHS had given them.”
Caregivers are not obligated to open their doors to the inspectors, but it remains unclear what recourse DHHS has if the inspector is refused entry.
OVERSTEPPING AUTHORITY?
Advocates also have suggested that the department overstepped its authority by implementing an inspection program without going through the public rulemaking process.
There is nothing in state law that outlines any inspection process for caregivers, but Sorensen, the DHHS spokesman, said the state has the authority, under statute, to “take action necessary to ensure compliance.”
According to the contract between the sheriff’s association and DHHS, the medical marijuana program is the only state licensing unit that does not have staff available to respond to complaints. The contract said it “will address this need and provide a mechanism for complaints to be investigated once internal triage has occurred.”
The Maine Sheriffs’ Association has contracted with the state for liquor and tobacco compliance for many years, according to LaMarre, but the contract for the medical marijuana compliance allowed the association to hire four new part-time workers.
LaMarre said the contract employees from the sheriffs’ association have no authority to penalize caregivers and said that’s not really the intent of the program.
Any action would have to be initiated by DHHS.
LaMarre said the contract for medical marijuana caregiver compliance differs from liquor and tobacco compliance because it does not include or allow random unannounced inspections.
Instead, the compliance specialists respond only to complaints, and staff from the Maine Medical Use of Marijuana Program decide which complaints to follow up.
Lawmakers will discuss a pair of bills next week that would institute a more formal inspection program.
The one-year, $167,000-contract was good news for the sheriffs’ association, which has relied heavily on state contracts for its operating revenue.
Recently, the organization lost the state liquor compliance contract because there was no funding, LaMarre said.
According to the group’s tax filings, its revenue has decreased dramatically from about $720,000 in 2011 to $588,000 in 2012 to $357,000 in 2013.
The 2014 filing was not available.
In addition to contract work, the sheriffs’ association participates in a variety of education and outreach efforts.
Just this year, the group took over the annual “Drug Take Back Day,” from the Maine Drug Enforcement Agency, which could no longer afford to organize the statewide effort.
erussell@pressherald.com
Twitter: @PPHEricRussell
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