The Cultivating Caregiver Act

States the enrollment decline, the prevalence of post-traumatic stress disorder among certified patients, the absence of any statutory indoor requirement, and electricity costs. Establishes that the license is issued to authorize cultivation, manufacture and distribution of cannabis for medical purposes.

Amends § 21a-278c so that cultivation “in the consumer's primary residence” includes a secured area on the grounds: not visible at ground level from any adjacent street, sidewalk, park or neighboring property; enclosed by a barrier at least six feet high, locked; on property the person owns or has written owner consent to use. Adds a nuisance shield for odor and preserves municipal fence and setback ordinances.

Applies the same definition to qualifying patients under § 21a-408d(b).

Removes “the location of such plants” from the delegation at § 21a-408m(4) and bars any policy or procedure that would prohibit compliant outdoor cultivation.

A state-issued license to cultivate, manufacture and distribute cannabis for medical purposes. Up to five designated patients. Six mature and six immature plants per patient, capped at 500 square feet of canopy. Written patient designation filed with the Department. Criminal history records check. No advertising, no sales, single site, no other cannabis license.

$240 to $1,500 annually, matching Maine's published schedule. Deposited to the Cannabis Regulatory and Investment Account. Lowest tier waived for veterans and for a patient's spouse, parent, child or legal guardian.

Subsidized testing for personally cultivated cannabis, $50 participant copayment cap, four samples per year. Results are inadmissible in any prosecution, civil enforcement, administrative proceeding or forfeiture action against the participant.

Graduated civil penalties escalating to revocation. Hearings under the Uniform Administrative Procedure Act. Nothing authorizes entry into a dwelling or its curtilage without a warrant on probable cause or a resident's written consent. Federal registration is expressly voluntary.

No school, employer or landlord may penalize a person solely for patient, caregiver or cultivating caregiver status, subject to federal-law exceptions. No loss of parental rights.

Removes the statutory exclusion at § 21a-420p(f)(1) that currently bars qualifying patients and caregivers from purchasing seedlings, and permits dispensary facilities, hybrid retailers, retailers, cultivators, micro-cultivators and producers to sell tested, tracked seeds, seedlings and immature plants.

Purchase limits tied to what a person may lawfully cultivate. No limit on seeds. Medical sales treated as palliative use for the § 12-412(120) exemption. Free written cultivation guidance at point of sale.

Requires implementing regulations under chapter 54 and the small business impact analysis under § 4-168a. Bars any policy or procedure inconsistent with the act.

The act operates regardless of how cannabis is classified under the federal Controlled Substances Act.