{"id":373754,"date":"2016-03-31T21:35:26","date_gmt":"2016-04-01T02:35:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maine-law\/maine-marijuana-laws.html"},"modified":"2024-11-22T10:58:45","modified_gmt":"2024-11-22T15:58:45","slug":"maine-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maine-law\/maine-marijuana-laws.html","title":{"rendered":"Maine Marijuana Laws"},"content":{"rendered":"\n
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Maine Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Maine joined the growing list of states allowing the sale and use of recreational marijuana in 2020. The final version of the Marijuana Legalization Act<\/a> went into effect a few years after Maine voters approved the 2016 "Yes on Question 1<\/a>" ballot initiative. Medical marijuana became legal in 1999 but it took several years for the program to expand its services to meet the expectations of medical marijuana patients.<\/p>\r\n

While recreational and medical marijuana use is legal in the state of Maine, there are still laws that limit and control both. Maine retains criminal offenses based on possession amounts, where marijuana products are used, and who can sell or use cannabis. For example, you must be at least 21 years of age to have or consume adult-use recreational marijuana with THC (tetrahydrocannabinol)<\/a>.<\/p>\r\n

The penalties for violating Maine cannabis laws can be life-altering. In this article, we’ll ensure you’re up to speed on the current cannabis laws in Maine. You’ll come away with a better understanding of what’s legal and what isn’t. Armed with this knowledge, you’ll be well-suited to have a safe and enjoyable experience if you choose to use marijuana in Maine.<\/p>\r\n

How Marijuana Use Works in Maine<\/h2>\r\n

The Office of Cannabis Policy (OCP)<\/a>, created in February 2019, is part of the Department of Administrative and Financial Services (DAFS). It oversees the Maine Medical Use of Cannabis Program (MMCP) and adult recreational-use marijuana as well.<\/p>\r\n

All marijuana products must be purchased at state-licensed dispensaries. Dispensaries must choose to sell to either medical marijuana patients or recreational use customers \u2014 they can’t sell to both. This is despite having the same purchase limits and paying the same 10% excise sales tax<\/a>. Let’s take a look at some of the differences between medical marijuana patients and recreational cannabis users in Maine.<\/p>\r\n

The Maine Medical Use of Cannabis Program (MMCP) and Medical Marijuana Patients<\/h3>\r\n

While possessing a medical marijuana card isn’t required to buy marijuana in Maine, it’s a good idea to apply for one anyway<\/a>. Mainers who use marijuana to treat medical conditions will need a card if they want to buy in another state that allows reciprocity. To be eligible for the MMCP as a qualifying patient, you’ll need a certification from a licensed Maine physician<\/a>.<\/p>\r\n

Unlike medical marijuana programs in most other states, Maine no longer requires that a patient list one or more qualifying medical conditions to get approved for the MMCP. As long as a physician feels their patient requires medical cannabis and provides certification, access to the MMCP will be granted.<\/p>\r\n

Medical cannabis patients can buy up to 2.5 ounces of marijuana flower, concentrate, or products (such as edibles) per visit or 5 grams of cannabis concentrate. Since the legal amount a person can carry is 2.5 ounces, be careful about limits. Once you get it home, you’re okay. Maine allows MMCP patients to have up to eight pounds of marijuana<\/a> in their residences.<\/p>\r\n

Medical cannabis patients and their registered caregivers can cultivate up to six mature marijuana plants, 12 immature plants, and unlimited seedlings at any one time. This must be in a locked section of their private residence or on someone else’s property with written permission.<\/p>\r\n

Out-of-state medical marijuana patients can buy cannabis products<\/a> at Maine dispensaries with a legal, medical marijuana card from their home state.<\/p>\r\n

Maine Adult Use Recreational Marijuana Laws<\/h3>\r\n

Recreational personal use of marijuana is legal in Maine. The current version of the adult-use recreational marijuana law<\/a> allows for the purchase and possession of either up to 2.5 ounces of cannabis flower, products, or concentrate or 5 grams of marijuana concentrate. They are also permitted the home cultivation of up to 6 mature plants, 12 immature plants, and unlimited seedlings. Unlike MMCP patients, the possession limit remains at 2.5 ounces while at home.<\/p>\r\n

Anyone who works with cannabis in any manner must be part of the Adult Use Cannabis Program (AUCP) and carry an Individual Identification Card (IIC)<\/a> at all times.<\/p>\r\n

Maine Marijuana Laws Violations and Penalties<\/h2>\r\n

There are rules for the legal use of marijuana in Maine. Use of any marijuana product is not allowed in public but is legal on private property with the property owner’s permission. A municipality can opt out of allowing marijuana to be sold or cultivated within their boundaries, so check your local laws.<\/p>\r\n

Federal drug law<\/a> supersedes state law, so marijuana is still a Schedule I controlled substance on federal property, such as national parks and federal courthouses. While rumor hints at reclassification<\/a>, as of November 2024 the federal law has not changed.<\/p>\r\n

Maine decriminalized the possession of up to 2.5 ounces of cannabis in 2009, but there are potentially serious sentences for other marijuana crimes. The table below lays out the charges and penalties you may encounter for violating Maine marijuana law.<\/p>\r\n\r\n
Relevant Maine marijuana laws<\/th>\r\n

Maine Code Revised<\/p>\r\nTitle 17-A \u2014 Maine Criminal Code

Is marijuana legal in Maine?<\/th>\r\nYes. Marijuana is legal for medical use and recreational use for those 21 and older. But there are restrictions and limits in the law.<\/td>\r\n<\/tr>
Illegal marijuana possession penalties<\/th>\r\n

Possession of too much cannabis in Maine by adult use marijuana users is punished by the amount of cannabis the person has:<\/p>\r\n

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  • Up to 2.5 ounces: Legal if 21 or older<\/li>\r\n
  • Between 2.5 ounces to 8 ounces (class E crime): Up to six months in jail and a fine of up to $1,000<\/li>\r\n
  • More than 8 ounces to 16 ounces (class D crime): Up to 364 days in jail and up to a $2,000 fine<\/li>\r\n
  • More than 1 pound to 20 pounds \u2014 up to a $5,000 fine<\/li>\r\n
  • More than 20 pounds (class B crime): Up to 10 years in prison and up to a $20,000 fine<\/li>\r\n<\/ul>\r\n

    Medical cannabis patients can have up to 8 pounds of harvested marijuana at their residences. Yes, 8 pounds. Those under 21 <\/i>who are not qualified patients in the MMCP can’t possess marijuana. If they possess a usable amount of cannabis (up to 2.5 ounces), then they will face a civil violation fine which will vary based on the amount they possess. The fine is between $350 to $600 if they have 1.25 ounces or less. The fine is between $700 to $1,000 if they have over 1.25 ounces up to 2.5 ounces.<\/p>\r\n<\/td>\r\n<\/tr>

Illegal marijuana cultivation penalties<\/th>\r\n

Cultivating marijuana is legal in Maine. Adults who use are allowed to grow six mature plants, 12 immature plants, and unlimited seedlings at a time. The penalty for cultivating more than this depends on the number of cannabis plants over the limit:<\/p>\r\n

Illegal marijuana sale, trafficking, and distribution penalties<\/th>\r\n

It’s illegal to traffick or sell cannabis outside of the regulatory framework in Maine. Potential penalties are based on the marijuana’s weight:<\/p>\r\n

Illegal drug paraphernalia penalties<\/th>\r\n

Maine law bans the trafficking or possession of certain marijuana paraphernalia and accessories such as cutting kits, water bongs, or pipes. But the law specifically excludes paraphernalia used by licensed cannabis providers, qualified medical marijuana users, and qualified adult users.<\/p>\r\n

The furnishing or sale of unlawful drug paraphernalia is a Class E crime, punishable by up to six months in jail and a fine of up to $1,000. If the crime involves selling or giving marijuana drug paraphernalia or accessories to a child under 16, it becomes a Class D crime, punishable by up to 364 days in jail and a fine of up to $2,000.<\/p>\r\n

Advertising illegal drug paraphernalia is a Class E crime, punishable by up to 6 months in jail and a fine of up to $1,000.<\/p>\r\n<\/td>\r\n<\/tr>

Maine cannabis taxes<\/th>\r\nMaine’s tax policy<\/a> on cannabis includes the following: