Maine Marijuana Laws

Maine Code Revised Title 17-A, Chapter 45: Drugs

Possession of marijuana in Maine is punished by the amount of weed the person has, as follows:

• Up to 2.5 ounces – No penalty
• 2.5 to 8 ounces – Class E crime that can be sentenced to up to six months in jail and a fine of up to $1,000
• 8 to 16 ounces – Class D crime punished by up to one year in jail and up to a $2,000 fine
• 1 to 20 pounds – Class C crime (presumed to be trafficking or furnishing after 1 pound) penalized by up to 5 years in prison and up to a $5,000 fine
• Over 20 pounds – Class B crime subject to up to 10 years in prison and up to a $20,000 fine

If the material is actually industrial hemp, such as used to make rope or clothing, possession is not a crime.

Maine law prohibits the furnishing, giving, administering, delivering, or otherwise transferring marijuana to another person, or possessing it to do those things.

Anyone not properly licensed by the state's regulators could be prosecuted under the furnishing statute for providing marijuana to others.

Possession of marijuana in excess of the 2.5-ounce limit can create the permissible inference that the possessor is assumed to be furnishing.

Trafficking, selling, or distributing marijuana (outside of the regulatory framework) is also illegal in Maine. Potential penalties are based on the marijuana's weight.

Trafficking or furnishing marijuana can be aggravated or increased in penalty for:

• Trafficking or furnishing that involves a child
• Having qualifying prior drug convictions
• Using a gun while trafficking or furnishing
• Committing the crime within 1,000 feet of a school or in a similar zone.

In addition, when a car is used to furnish or traffick marijuana, the defendant's driver's license can be suspended for up to 5 years after he or she is released from jail or prison.

Cultivating marijuana is legal in Maine, as long as individuals don't grow more than three plants at a time. The penalty for cultivating more than this depends on the number of plants, as follows:

• 4 or 5: up to 180 days in jail, $1000 fine
• 5 - 99: up to 364 days in jail, $2,000 fine
• 100 - 499: up to 5 years in prison; $5,000 fine
• 500 or more: up to 10 years; $20,000 fine

Cultivating can also be aggravated by the same factors as furnishing and trafficking (using children to cultivate, using a firearm in the crime, etc.). When aggravated, the crime category is increased by one level.

States prohibit drug paraphernalia or accessories, as well as drugs. Maine law prohibits the trafficking, furnishing, or possession of certain marijuana cultivation or use of accessories such as cutting kits, water bongs, or pipes. However, the law specifically excludes paraphernalia used for licensed medical cannabis providers and licensed adult-use cultivators and retailers.

Sale of drug paraphernalia is generally a Class E crime, but it can be increased to a Class D crime for selling or giving marijuana drug accessories to a child under 16. Advertising illegal drug paraphernalia is a Class E crime.