Maine is a “decrim” state, which means that possession of less than 2.5 ounces of marijuana is categorized as a civil penalty, which only incurs a fine. Although The Pine Tree State is pretty lenient with the laws, residents should still familiarize themselves with the paraphernalia laws in order to avoid any penalties.
Here is Maine’s Criminal Code 1111-A in its entirety.
Outside of the American West, Maine has some of the most forgiving marijuana laws in the nation. Medical cannabis is legal there, and the drug is decriminalized for recreational use. But more serious offenses remain a crime, and penalties for concentrates are harsh.
Possession of less than 2.5 ounces of marijuana is a simple civil violation in Maine, subject to a maximum fine of $600 and no jail time. Possession of between 2.5 and 8 ounces is a misdemeanor and carries a top sentence of six months in jail and $1,000 in fines.
If the amount is between 8 ounces and 1 pound, the maximum penalty increases to one year in jail and $2,000. Amounts between 1 and 20 pounds qualify as felony weight and carry a maximum sentence of five years in prison and $5,000. And possession of more than 20 pounds of cannabis is punishable by no more than 10 years in prison and $20,000 in fines.
Possession of small amounts of the drug is legal if permitted within Maine’s medical marijuana program.
Sale and Distribution
It is a misdemeanor in Maine to sell or otherwise distribute any amount of marijuana less than 1 pound, and the top penalty is one year in jail and $2,000 in fines. It is a felony to sell or distribute between 1 and 20 pounds, a crime punishable by up to five years in prison and $5,000 in fines. Sale or distribution of 20 pounds or more is punishable by up to 10 years in prison and $20,000.
Sale or distribution to a minor or within 1,000 feet of a school or school bus is a felony and carries a top punishment of five years in prison and $5,000.
It is a misdemeanor in Maine to grow anything less than 99 marijuana plants. If the offense involves five or fewer plants, the maximum punishment is six months in jail and $1,000 in fines. If the offense involves between five and 99 plants, the maximum is five years and $5,000.
Cultivation of 100 or more plants is a felony. A maximum penalty of five years in prison and $5,000 applies for between 100 and 499 plants. With 500 or more plants, the maximum increases to 10 years and $20,000.
Hash and Concentrates
Possession of hashish, hash oil, or other cannabis concentrates is a Class D crime under Maine law and is punishable by up to one year in jail and $2,000 in fines. Trafficking in concentrates is a Class C crime, punishable by up to five years in prison and $5,000. Trafficking with a prior conviction or other special circumstances is a Class B crime and carries a maximum of 10 years and $20,000.
Marijuana paraphernalia is illegal in Maine, although possession is treated as a civil, decriminalized offense and subject to no more than $300 in fines. Sale of paraphernalia, however, is a misdemeanor and carries a maximum sentence of six months in jail and $1,000. Selling paraphernalia to a minor is also a misdemeanor and is punishable by up to one year in jail and $2,000.
|Less than 2.5 oz||civil violation||N/A||$600|
|2.5 - 8 oz||misdemeanor||6 mos||$1,000|
|8 oz - 1 lb||misdemeanor||1 year||$2,000|
|1 - 20 lbs||felony||5 years||$5,000|
|More than 20 lbs||felony||10 years||$20,000|
|Possession of a "usable amount" with proof of a physician's recommendation is not punishable.|
|Sale or Distribution|
|Less than 1 lb||misdemeanor||1 year||$2,000|
|1 - 20 lbs||felony||5 years||$5,000|
|20 lbs or more||felony||10 years||$20,000|
|To a minor or within 1000 feet of a school or school bus||felony||5 years||$5,000|
|5 plants or less||misdemeanor||6 mos||$1,000|
|5 - 99 plants||misdemeanor||5 years||$5,000|
|100 - 499 plants||felony||5 years||$5,000|
|500 plants or more||felony||10 years||$20,000|
|Hash & Concentrates|
|Possession||Class D crime||1 year||$2,000|
|Trafficking||Class C Crime||5 years||$5,000|
|Trafficking (prior conviction, use of minor, other)||Class B Crime||10 years||$20,000|
|Possession of paraphernalia||civil violation||N/A||$300|
|Sale of paraphernalia||misdemeanor||6 mos||$1,000|
|Sale to a minor||misdemeanor||1 year||$2,000|
|Driver's license restriction will be imposed for aggravated furnishing any amount of pot or hash.|