Maine Cannabis Laws

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 No penalty None $ 0
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.

Penalty Details

Marijuana is a schedule Z drug.

Possession

An adult may possess up to 2.5 ounces of marijuana or up to 2.5 ounces of marijuana and marijuana concentrate including no more than 5 grams of marijuana concentrate.

An adult may cultivate up to 6 flowering marijuana plants, 12 immature plants and unlimited seedlings . An adult may possess all of the marijuana produced by the plants.

An adult may only consume marijuana in a private residence or on private property.

An adult who is not a medical use patient may not possess edible retail marijuana products until February 1, 2018.

An adult who violates these laws has committed a civil violation and may be fined up to $100.

See

  • Tit.7 Sec. 2452(1) of the Maine Revised Statutes Web Search
  • Tit.7 Sec. 2452(1) of the Maine Revised Statutes Web Search
  • Tit.7 Sec. 2452(6) of the Maine Revised Statutes Web Search
  • Tit.7 Sec. 2452(7) of the Maine Revised Statutes Web Search
  • Tit.7 Sec. 2452(6) of the Maine Revised Statutes Web Search

Possession of a “usable amount” with proof of a physician’s recommendation is not punishable.

Possession of between 2.5-8 oz. is a Class E crime punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

Possession of between 8-16 oz. is a Class D crime punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Possession of between 1-20 lbs. is a Class C crime punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of over 20 lbs. is a Class B crime punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

See

  • 22 Section 2382 of the Maine Revised Statutes Web Search
  • 22 Section 2383 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1107-A of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Sale or Distribution

The sale of 1 lb. or less is a Class D crime punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

The sale of more than 1 – less than 20 lbs. is a Class C crime punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The sale of 20 lbs. or more is a Class B crime punishable by a maximum of 10 years imprisonment and a maximum fine of $20,000.

Sale to a minor or within 1,000 feet of a school or school bus is a felony punishable by a maximum sentence of 5 years imprisonment and a $5,000 fine.

See

  • Tit. 17A Section 1101 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search

Cultivation

An adult may cultivate up to 6 flowering marijuana plants, 12 immature plants and unlimited seedlings. An adult may possess all of the marijuana produced by the plants.

See

  • Tit. 7 Sec. 2452, sub.1 of the Maine Revised Statutes Web Search

Cultivation of 6-99 plants is a Class D crime punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Cultivation of 100-499 plants is a Class C crime punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Cultivation of 500 or more plants is a Class B crime punishable by a maximum of 10 years imprisonment and a maximum fine of $20,000.

See

  • Title 17A Section 1117 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Hash & Concentrates

The definition of Marijuana in the Maine criminal statute is written explicitly not to cover Hashish or Marijuana Concentrates. The statute defines Hashish separately as the resin extracted from the Cannabis plant including any derivative, mixture, or compound of the resin, effectively including all Concentrates. Hashish is classified in Schedule X of the Maine Controlled Substances Schedule.

The Marijuana Legalization Act defines marijuana concentrate as the resin extracted from the cannabis plant including any derivative, mixture or compound including hashish.

See

  • Tit. 17A Section 1101(1), (5) of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
  • Tit. 7 Sec. 2442( 22-A) of the Maine Revised Statutes Web Search

Possession of up to 5 grams of marijuana concentrate is legal with no penalty, no incarceration and no fine. Use of marijuana in public will result in a $100 civil infraction.

See

  • Tit. 7 Sec. 2452(1) of the Revised Statutes Web Search

Trafficking any amount of Hashish is a Class C Crime, subject to 5 years incarceration and a fine of no more than $5000.

See

  • Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Using a minor child to traffic any amount of Hashish is a Class B Crime, subject to 10 years incarceration and a fine of no more than $20,000.

Trafficking any amount of Hashish when you have at least one prior conviction for a similar drug crime is a Class B Crime, subject to 10 years incarceration and a fine of no more than $20,000.

Use or possession of a firearm when trafficking any amount of Hashish is a Class B crime, subject to 10 years incarceration and a fine of no more than $20,000.

Trafficking any amount of Hashish while within 1000 feet from a school or other designated safe zone is a Class B crime, subject to 10 years incarceration and a fine of no more than $20,000.

Soliciting with, conspiring with, or enlisting the assistance of a minor child in trafficking any amount of hashish is a Class B crime, subject to 10 years incarceration and a fine of no more than $20,000.

Using a motor vehicle to traffic in scheduled drugs in Maine may result in a driver’s license being revoked for up to 5 years.

See

  • Tit. 17A Section 1105-A of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Furnishing any amount of Hashish to a minor child is a Class C crime, subject to 5 years incarceration and a fine of no more than $5000.

Furnishing any amount of Hashish when you have at least one prior conviction for a similar drug crime is a Class C crime, subject to 5 years imprisonment and a fine of no more than $5000.

Use or possession of a firearm while furnishing any amount of Hashish is a Class C crime, subject to 5 years imprisonment and a fine of no more than $5000.

Furnishing any amount of Hashish on a school bus or within 1000 feet of a school or other designated safe zone is a Class C crime, subject to 5 years incarceration and a fine of no more than $5000.

Soliciting with, conspiring with, or enlisting the assistance of a minor child in furnishing any amount of Hashish is a Class C crime subject to 5 years imprisonment, and a fine of no more than $5000.

Using a motor vehicle to furnish any amount of Hashish may result in your driver’s license being revoked for up to 5 years.

See

  • Tit. 17A Section 1105-C of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Furnishing any amount of Hashish is a Class D crime subject to 1 year’s imprisonment and a fine not to exceed $2000.

See

  • Tit. 17A Section 1106 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Possessing any amount of Hashish is a Class D crime subject to 1 year’s imprisonment and a fine not to exceed $2000.

See

  • Tit. 17A Section 1107-A of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Importing any amount of Hashish into Maine from another state or country is a Class D crime subject to 1 year’s imprisonment and a fine not exceeding $2000.

See

  • Tit. 17A Section 1118 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1301 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Paraphernalia

An adult may possess marijuana paraphernalia.

See

  • Tit. 7 Sec. 2452(1) of the Maine Revised Statutes Web Search

The sale of paraphernalia is a person at least 16 years old is A Class E crime misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

The sale of paraphernalia to a person less than 16 years old is a Class D crime misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

See

  • Tit. 7  Sec. 2452( 1) of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Miscellaneous

Will impose a license restriction for the aggravated trafficking of over 1 pound of marijuana if a vehicle is used in doing so. Aggravated is met by using a minor in the trafficking, or having a prior drug record in Maine or another state (but the amount of pot must be over 1 pound) or possession of a firearm at the time of the offense. They will also deprive of a license for aggravated furnishing any amount of pot or hash, aggravation based on the same as above.

See

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.

LEGALIZATION
SUMMARY

Slightly over fifty percent of Maine voters approved Question 1, the Marijuana Legalization Act, which permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants, and/or up to 12 immature plants) and to possess personal use quantities of cannabis (up to two and one-half ounces of herbal cannabis) while also licensing commercial cannabis production and retail sales. The law imposes a 10 percent tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses. On site consumption is permitted under the law in establishments licensed for such activity.

Legalization opponents have called for a recount of the vote, which is expected to take 30 days to complete. Should the vote be upheld, the new law will take effect on January 7, 2017. Regulations for marijuana-related businesses are scheduled to be in place by August 8, 2017.

INFORMATION

http://www.regulatemaine.org/wp-content/uploads/2015/10/initiative-text.pdf.

MEDICAL MARIJUANA
QUALIFYING CONDITIONS
  • Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis
  • Cachexia or wasting syndrome
  • Cancer
  • Chronic pain
  • Crohn’s disease
  • Epilepsy
  • Glaucoma
  • Hepatitis C
  • HIV or AIDS
  • Huntington’s disease
  • Inflammatory bowel disease
  • Multiple Sclerosis
  • Nausea
  • Nail-patella syndrome
  • Parkinson’s disease
  • Post-traumatic stress disorder (PTSD)
PATIENT POSSESSION LIMITS

Two and one-half ounces

HOME CULTIVATION

Yes, patients (or their primary caregivers) may possess no more than six mature marijuana plants.

STATE-LICENSED DISPENSARIES ALLOWED

Yes, a minimum of eight.

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

MEDICAL MARIJUANA STATUTES
  • Me. Rev. Stat. Tit. 22, §2423-D (2010)
  • Me. Rev. Stat. Tit. 22, §§2422; 2425 (2010)
  • Me. Rev. Stat. tit. 22, § 2383-B(5), (6) (1999) (amended 2001)
  • Me. Rev. Stat. tit. 22, § 2383-B(3)(e) (amended 2001)
CAREGIVERS

Yes, primary caregiver is a person providing care for the registered patient. The caregiver must be 21 years of age or older. The caregiver can never have been convicted of a disqualifying drug offense. Patients can name one or two primary caregivers. (Only one person may be allowed to cultivate marijuana for a registered patient).

ESTIMATED NUMBER OF REGISTERED PATIENTS
RECIPROCITY

Yes, authorizes visiting qualifying patient with valid registry identification card (or its equivalent), to engage in conduct authorized for the registered patient (the medical use of marijuana) for 30 days after entering the State, without having to obtain a Maine registry identification card. Visiting qualifying patients are not authorized to obtain in Maine marijuana for medical use.

CONTACT INFORMATION

Thank you, NORML.ORG for this comprehensive look at Maine’s cannabis laws.