Maine Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 22, 2024

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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 went into effect a few years after Maine voters approved the 2016 "Yes on Question 1" 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.

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).

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.

How Marijuana Use Works in Maine

The Office of Cannabis Policy (OCP), 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.

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

The Maine Medical Use of Cannabis Program (MMCP) and Medical Marijuana Patients

While possessing a medical marijuana card isn't required to buy marijuana in Maine, it's a good idea to apply for one anyway. 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.

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.

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 in their residences.

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.

Out-of-state medical marijuana patients can buy cannabis products at Maine dispensaries with a legal, medical marijuana card from their home state.

Maine Adult Use Recreational Marijuana Laws

Recreational personal use of marijuana is legal in Maine. The current version of the adult-use recreational marijuana law 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.

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) at all times.

Maine Marijuana Laws Violations and Penalties

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.

Federal drug law 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, as of November 2024 the federal law has not changed.

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.

Relevant Maine marijuana laws

Maine Code Revised

Title 17-A — Maine Criminal Code Title 22 — Health and Welfare Title 28-B — Adult Use Cannabis Title 36 — Taxation
Is marijuana legal in Maine? Yes. Marijuana is legal for medical use and recreational use for those 21 and older. But there are restrictions and limits in the law.
Illegal marijuana possession penalties

Possession of too much cannabis in Maine by adult use marijuana users is punished by the amount of cannabis the person has:

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

Medical cannabis patients can have up to 8 pounds of harvested marijuana at their residences. Yes, 8 pounds. Those under 21 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.
Illegal marijuana cultivation penalties

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:

  • Five plants or less (class E crime): Up to six months in jail and a $1,000 fine
  • More than five but less than 100 plants (class D crime): Up to 364 days in jail and up to a $2,000 fine
  • 100 or more but less than 500 plants (class C crime): Up to five years in prison and up to a $5,000 fine
  • 500 plants or more (class B crime): Up to 10 years in prison and up to a $20,000 fine

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

Medical marijuana patients and their caregivers may have up to a combined total of 6 mature plants, 12 immature plants, and unlimited seedlings at either their residence or someone else's with written permission.
Illegal marijuana sale, trafficking, and distribution penalties

It's illegal to traffick or sell cannabis outside of the regulatory framework in Maine. Potential penalties are based on the marijuana's weight:

  • Adult sharing with no remuneration up to 2.5 oz: Legal
  • 1 pound or less (class D crime): Up to 364 days in jail and a fine of up to $2,000
  • More than 1 pound but less than 20 pounds (class C crime): Up to five years in jail and a fine of up to $5,000
  • More than 1 pound but less than 20 pounds (aggravated - class B crime): Up to 10 years in prison and a fine of up to $20,000
  • 20 pounds or more (class B crime): Up to 10 years in prison and a fine of up to $20,000
  • 20 pounds or more (aggravated — a fine of up to $50,000

Trafficking marijuana can be aggravated or increased in penalty for:

  • Trafficking that involves a child
  • Having a qualifying prior drug conviction
  • Using a gun while selling, trafficking, or distributing
  • Committing the crime within 1,000 feet of a school or in a similar zone.
When a car is used to traffic in marijuana, the defendant's driver's license can be suspended for up to five years after they are released from jail or prison.
Illegal drug paraphernalia penalties

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.

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.

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.
Maine cannabis taxes Maine's tax policy on cannabis includes the following:
  • 10% cannabis excise tax paid on retail sales
  • Weight-based tax for cultivators (varies depending on part of the plant)
  • No municipal excise taxes

Note: State laws are subject to change by passing new legislation rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify the status of any Maine state law you are reviewing.

Maine Marijuana Laws: More Research

Facing a Marijuana Charge in Maine? Speak With an Attorney

It can be easy to make a mistake about how much marijuana you're carrying, but that won't make the repercussions any less serious. If you are a Maine resident or a visitor from another state, you don't want to violate criminal laws related to marijuana. Speak with an experienced drug crime defense lawyer to better understand the law. They can help you find a path to the best outcome possible if you face charges.

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