Maine Marijuana Laws

Marijuana became legal in Maine when voters approved Question 1 at the ballot in 2016. Maine marijuana law allows adults to grow and possess cannabis for personal recreational use. Medical marijuana has been available in The Pine Tree State since 1999, and patients qualify with a long list of conditions.

Maine Marijuana Attorneys

The following Maine lawyers are actively involved in the practice of cannabis law:

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LAW BREAKDOWN

Maine became the fifth state to legalize the recreational use of cannabis when voters approved Question 1 at the ballot box. Along with Massachusetts, Maine was the first state to bring reform to the East Coast.

Here you’ll find all you need to know about marijuana laws in Maine.

Possession

Maine marijuana laws allow adults to possess up to 2 ½ ounces of cannabis for personal, recreational use. Exceeding this limit is a crime which comes with both a fine and jail time.

Possessing between 2 ½ and 8 ounces is punishable by up to 6 months in jail and a $1,000 fine. When the amount involved is between 8 ounces and 1 pound, the potential punishment increases to 1 year in jail and $2,000 in fines.

For possession of between 1 and 20 pounds, 5 years’ incarceration and $5,000 in fines are possible. And for quantities of more than 20 pounds, the maximum penalty is 10 years in prison and $20,000 in fines.

Marijuana law in Maine does not allow public consumption of the drug. Doing so is a civil infraction punishable by a maximum $100 fine.

Sale and Distribution

Sale of marijuana in Maine is illegal unless licensed by the state.  When the amount sold is less than 1 pound, the punishment is up to 1 year in jail and $2,000 in fines. For distribution of between 1 and 20 pounds, the maximum penalty increases to 5 years in prison and $5,000 in fines. For huge amounts of more than 20 pounds, the top punishment is 10 years in prison and a $20,000 fine.

Sale or distribution to a minor or within 1,000 feet of a school or school bus is punishable by 5 years in prison and $5,000 in fines.

Cultivation

Maine cannabis laws allow the cultivation of up to 6 flowering plants and 12 immature plants, and an unlimited number of seedlings, at one’s own residence. The grower can also possess all of the marijuana produced by those plants. Any cultivation exceeding these limits is a crime.

For cultivation of more than 6 and up to 100 plants, the maximum penalty is 1 year in jail and $2,000 in fines. When between 100 and 500 plants are involved, the potential punishment increases to 5 years in prison and $5,000 in fines. And lastly, cultivation of more than 500 plants comes with up to 10 years in prison and $20,000 in fines.

Hash and Concentrates

Maine marijuana laws allow the possession of cannabis concentrates, as long as the weight does not exceed 5 grams. Possessing more than 5 grams is a crime that comes with up to 1 year in jail and $2,000 in fines.

Trafficking any amount of marijuana concentrates is a Class C crime, and the penalty can be as many as 5 years in prison and $5,000 in fines.

The penalty increases when the offender has prior convictions or uses a minor in the trafficking process; the maximum penalty increases to as many as 10 years in prison and $20,000 in fines.

Paraphernalia

Maine permits the possession of marijuana paraphernalia.

While sale to adults is permitted, sale to a minor is illegal. When the minor is aged 16 or older, sale of marijuana is a Class E misdemeanor, punishable by up to 6 months in imprisonment and a $1,000 fine. When the minor is younger than 16, the potential penalty increases to 1 year in jail and a fine of $2,000.

MEDICAL MARIJUANA

The medicinal use of marijuana was legalized in Maine by way of ballot initiative in 1999 by 61% of voters. The law removed state-level criminal penalties for the use, possession and cultivation of marijuana by qualifying patients. ‘Qualifying patients’ refers to individuals who possess a written “professional opinion” from a physician stating that the patient “might benefit from the medical use of marijuana.”

Qualifying conditions – Alzheimer’s disease, Amyotrophic Lateral Sclerosis, Cachexia/wasting syndrome, Cancer, Chronic pain, Crohn’s disease, Epilepsy, Glaucoma, Hepatitis C, HIV/AIDS, Huntingdon’s disease, Inflammatory bowel disease, Multiple sclerosis, Nausea, Nail-patella syndrome, Parkinson’s disease, Post-traumatic stress disorder (PTSD)

Patient possession limits – Two and a half ounces

Home cultivation – Yes. Patients or their primary caregivers are permitted to possess a maximum of six cannabis plants.

State-licensed dispensaries – Yes

Caregivers – Yes, a primary caregiver is a person responsible for providing care to the registered patient. Caregivers must be aged 21 or older, and must never have been convicted of a disqualifying drug offense. Qualifying patients are permitted to list up to two primary caregivers, although only one is permitted to cultivate marijuana for each patient.

Reciprocity – Yes. Visiting qualifying patients who possess a valid registry card are allowed to engage in the medicinal use of marijuana for 30 days after entering the state. There is no need to obtain a Main registry identification card.

Contact information – STATE REGULATIONS:
Statement of Maine’s Medicinal Marijuana Law

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

2.5 oz or less No penalty None $ 0
More than 2.5 – 8 oz Crime 6 months $ 1,000
More than 8 oz – 1 lb Crime 1 year $ 2,000
More than 1 – 20 lbs Crime 5 years $ 5,000
More than 20 lbs Crime 10 years $ 20,000
Public use of marijuana is a civil infraction punishable by a $100 fine.
Possession of a “usable amount” with proof of a physician’s recommendation is not punishable.

Sale or Distribution

1 lb or less Crime 1 year $ 2,000
More than 1 – less than 20 lbs Crime 5 years $ 5,000
20 lbs or more Crime 10 years $ 20,000
To a minor or within 1000 feet of a school or school bus Crime 5 years $ 5,000

Cultivation

6 plants or less No penalty None $ 0
More than 6 – less than 100 plants Crime 1 year $ 2,000
100 – less than 500 plants Crime 5 years $ 5,000
500 plants or more Crime 10 years $ 20,000

Hash & Concentrates

Up to 5 g No penalty None $ 0
More than 5 g Crime 1 year $ 2,000
Trafficking Crime 5 years $ 5,000
Trafficking (prior conviction, use of minor, other) Crime 10 years $ 20,000

Paraphernalia

Possession of paraphernalia Civil Violation N/A $ 300
Sale of paraphernalia Crime 6 months $ 1,000
Sale to a minor younger than 16 years of age Crime 1 year $ 2,000

Miscellaneous

Driver’s license restriction will be imposed for aggravated furnishing any amount of pot or hash.