Please note: ILGM is NOT a legal adviser. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such.
Marijuana Laws in Maine:
The Marijuana Legalization Act, also known as Question 1, legalizes cannabis in the State of Maine. This law allows adults to legally grow and possess marijuana, even if they’re not participants in the state’s medical marijuana program. It also permits the retail sales of cannabis through state-licensed dispensaries and commercial marijuana production. On-site consumption is also allowed under Question 1.
Possessing Marijuana in Maine
Adults may legally possess marijuana and cannabis extracts in Maine. However, there are limits to the amount one may possess at one time, which are as follows:
- No more than 2 ½ ounces in plant form
- No more than 2 ½ ounces of plant form and concentrate combined
- No more than 5 grams of cannabis concentrates
Maine’s medical marijuana law allows adults to legally possess usable amounts of cannabis, as long as they have a proof of a physician’s recommendation. All other marijuana quantities are illegal. These possession crimes are punishable as follows:
- Between 2 ½ to 8 ounces = Fine up to $1,000 and up to 6 months in jail
- Between 8 to 16 ounces = Fine up to $2,000 and up to 1 year in jail
- Between 1 to 20 pounds = Fine up to $5,000 and up to 5 years in prison
- Over 20 pounds = Fine up to $20,000 and up to 10 years in prison
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Hash & Concentrates
In the State of Maine, cannabis concentrates and hashish are defined separately from the plant form of marijuana. Both are defined as resin extracted from the plant. The Marijuana Legalization Act allows adults to legally possess up to 5 grams of concentrate at one time.
The state does impose penalties for trafficking concentrates, which are as follows:
- Any amount = Fine up to $5,000 and 5 years in prison
- Using minor for trafficking = Fine up to $20,000 and 10 years in prison
- Any amount with similar prior drug conviction = Fine up to $20,000 and 10 years in prison
- Firearm use or possession while trafficking = Fine up to $20,000 and 10 years in prison
- Within 1,000 feet of designated safe zone such as school = Fine up to $20,000 and 10 years in prison
- Furnishing to minor = Fine up to $5,000 and 5 years in prison
- Furnishing any amount with similar prior drug conviction = Fine up to $5,000 and 5 years in prison
- Firearm used or possessed while furnishing = Fine up to $5,000 and 5 years in prison
- Furnishing within 1,000 feet of school, designated safe zone or on school bus = Fine up to $5,000 and 5 years in prison
- Furnishing, possessing or importing any amount = Fine up to $2,000 and 1 year in prison
- Using motor vehicle for trafficking = Loss of driver’s license for up to 5 years
Paraphernalia
In the State of Maine, adults are allowed to possess cannabis paraphernalia.
Medical Marijuana
Maine’s Question 1 allows those in the state’s medical marijuana program to possess up to 2 ½ ounces of cannabis at any given time.
Selling Marijuana in Maine
All marijuana sales and distribution in Maine must be done through a state-licensed dispensary. Anyone else who sells or distributes cannabis in this state is guilty of a crime, which is punishable as follows:
- Under 1 pound = Fine up to $2,000 and up to 1 year in prison
- Between 1 to 20 pounds = Fine up to $5,000 and up to 5 years in prison
- More than 20 pounds = Fine up to $20,000 and up to 10 years in prison
- Sale or distribute within 1,000 feet of school bus or school or to a minor = Fine of $5,000 and up to 5 years in prison
Paraphernalia
- Selling paraphernalia to someone over 16 years old = Fine up to $2,000 and up to 1 year in prison
- Selling paraphernalia to someone under 16 years old = Fine up to $2,000 and up to 1 year in prison
Growing and Manufacturing Marijuana in Maine
Maine’s Marijuana Legalization Act makes it legal for adults to cultivate up only a certain amount of cannabis as follows:
- No more than 6 flowering plants
- No more than 12 immature plants
- Unlimited amounts of seedlings
The law states that adults in Maine may keep possession of all of the cannabis produced by their cultivated plants. However, there are limits to the number of plants one may legally cultivate:
- Between 6 to 99 plants = Fine up to $2,000 and up to 1 year in prison
- Between 100 to 499 plants = Fine up to $5,000 and up to 5 years in prison
- More than 500 plants = Fine up to $20,000 and up to 10 years in prison
Medical Marijuana
The medical cannabis home cultivation laws are the same as above in the State of Maine. Those in the medical marijuana program may grow no more than 6 mature plants at a time.
Using Marijuana in Maine
Adults in Maine may consume cannabis on private property or inside a private residence. The state also allows for on-site consumption of marijuana products within state-licensed dispensaries or other facilities licensed for this activity. Anyone caught using cannabis, hashish or concentrates in public is subject to a $100 fine.
Effective February 1, 2018, adults in Maine will be allowed to possess edible marijuana products. This includes adults who do not participate in the state’s medical marijuana program.
Maine also allows qualifying patients that are visiting the state to possess, cultivate and use medical cannabis for 30 days after entering the state. They must possess a valid registration card from their own state.
Qualifying Conditions
Qualifying patients participating in the medical cannabis program must obtain a recommendation from a physician. They must also suffer from one or more of the following qualifying conditions:
- Alzheimer’s disease
- Cachexia or wasting syndrome
- Chronic pain
- Epilepsy
- Hepatitis C
- Huntington’s disease
- Multiple Sclerosis
- Nail-patella syndrome
- Post-traumatic stress disorder (PTSD)
- Amyotrophic Lateral Sclerosis
- Cancer
- Crohn’s disease
- Glaucoma
- HIV or AIDS
- Inflammatory bowel disease
- Nausea
- Parkinson’s disease
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Breaking the Marijuana Laws in Maine
If a vehicle is used during an aggravated trafficking offense, the defendant’s driver’s license will be restricted. An offense is labeled aggravated trafficking when the offender has a prior drug conviction in Maine, another state (at least 1 pound), or it involves a minor or a firearm. The same rules apply for aggravated furnishing of marijuana in any amount.
