Maine’s Marijuana Laws

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.

Maine Marijuana Attorneys

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



Outside of the American West, Maine marijuana laws are some of the most forgiving 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 ½ ounces of marijuana is a simple civil violation in Maine, subject to no jail time, but a fine that is dependent on the amount of marijuana involved. Fines are between $350 and $600 for offenses involving up to 1 ¼ ounces of marijuana, while possessing between 1 ¼ and 2 ½ ounces results in a fine of between $700 and $1,000. Possession of between 2 ½ 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. Paraphernalia includes any objects used in the cultivation, growing, processing, analysis, testing, storage, or use of marijuana.

Possession and use. Possession of paraphernalia is a civil violation, subject to no more than a $300 fine.

Sale and distribution. The sale of marijuana, when the recipient is at least 16 years of age, is a class E misdemeanor, punishable by no more than six months in jail, $1,000 in fines, or both.

Sale to a minor. Selling paraphernalia to a minor, under age 16, is a class D misdemeanor, punishable by up to one year in jail and $2,000.


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


Maine Marijuana Laws
Offense Penalty Incarceration   Max. Fine  
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.