Maine Marijuana Laws

Both medical and adult-use recreational marijuana is legal in Maine today. 

Medical marijuana in Maine became legal in November 1999 with 61% of the votes, and medical cannabis for patients suffering from severe health conditions has been allowed since then. 

Voters approved the Maine Medical Marijuana Act in 2009, which decriminalized the possession of up to 2.5 ounces (71 grams) of cannabis and extended the state’s current program. It officially developed a program of nonprofit dispensaries and growers in Maine.

In November 2016, voters in Maine approved the legalization of cannabis for recreational use, retail sales, and taxation. The amended law created guidelines for recreational marijuana sales and prioritized Mainers seeking business licenses.

Read the article for more information about Maine marijuana laws.

Who Can Possess or Use Marijuana in Maine?  

According to Maine marijuana laws, adults 21 years of age or older with valid government-issued ID may purchase recreational marijuana. 

Recreational consumers are allowed to use, possess, or give away:

• 2.5 ounces (71 grams) of marijuana and up to 5 grams of concentrate;
• Three mature plants;
• 12 immature plants;
• Unlimited seedlings.

They may give away up to six immature plants to adults 21 years of age completely free of charge.  

Where Can I Use or Possess Marijuana in Maine?

You can consume cannabis ONLY in a private space such as one’s home or other private property under Maine marijuana laws. Consuming cannabis or cannabis-infused products in public is subject to a $100 fine. Use of marijuana in a parked car or in public or federally-owned park view is also prohibited. Be aware that landlords, property owners, innkeepers, and rental agencies have the right to prohibit marijuana usage and possession on their properties.

Using marijuana in any form (smoking, eating, or vaping) isn’t allowed in public places in Maine, including amusement parks, ski resorts, sporting and music venues, state and national parks, campsites, playgrounds, sidewalks and roads, marijuana retail businesses, bars, restaurants and outdoor or rooftop cafes.

Who Can Grow Marijuana in Maine?

Mainers can grow marijuana for personal use pursuant to marijuana laws. As many as three mature and twelve immature plants, plus unlimited seedlings, are allowed per resident 21 years or older.

These restrictions do not apply to the cultivation of marijuana for medical use by a qualifying patient, a caregiver, a registered caregiver, or a registered dispensary as authorized by the Maine Medical Use of Marijuana Act. 

Growers are allowed to have six plants for each patient. Many growers throughout the state are part of the nonprofit trade association called Medical Marijuana Caregivers of Maine, which provides constant updates on marijuana law. 

Suppose you are found cultivating marijuana and are not part of this group. In that case, you will be arrested for a serious offense even if you claim it is for medical purposes, according to marijuana laws in Maine.

Medical Marijuana Program

Maine citizens with valid medical cards, as well as out-of-state guests (whose state of residence allows them to purchase marijuana in Maine) with proper patient identification credentials, may buy medical marijuana. 

To participate in the MMMP, qualifying patients must obtain authorization from their doctor, doctor of osteopathy, or nurse practitioner. The authorization certificate and state-issued ID are the only things a patient needs to purchase marijuana from a Maine dispensary. Patients can register and obtain a registry card if they choose. There’s no charge for the cards. 

Under marijuana laws, there is no list of qualifying conditions for those seeking medical marijuana in Maine. Any medical condition that a medical practitioner feels marijuana may help, is eligible for a recommendation.

Qualified patients and caregivers can possess the following: 

• Up to 2.5 ounces (71 grams) of prepared marijuana;
• Six mature plants;
• 12 immature female plants;
• Unlimited seedlings;
• Up to 8 pounds (3.6 kilograms) of dried marijuana. 

Application Process

1. Obtain a written certification from a certified physician;
2. Submit a completed application to the MMMP;
3. Designate one or two primary caregivers, if necessary;
4. Indicate whether patients will cultivate cannabis for their personal use or designated a caregiver for cultivation.

Caregivers

Under Maine marijuana laws, qualifying patients may designate one person, hospice provider, or nursing facility to assist them with the medical use of marijuana. Caregivers who aren’t family members of the patient must register with the state and receive an ID card before they can possess or cultivate marijuana. Under certain circumstances, a patient may also designate a second primary caregiver. A caregiver must be at least 21 years old and may not have been convicted of a drug offense. They may serve up to five patients.

Caregivers who register with the MMMP must have a local authorization form signed by their municipal government to receive a registry identification card. Caregivers who want to cultivate marijuana for a patient must pay $240 annually per patient plus an additional $31 to cover background checks. 

Please note that the cannabis and cannabis products available to patients in Maine may differ substantially from those available and authorized for use in the visiting patient’s state of residence. These differences include the form, concentration, and CBD minimum and THC maximum content allowable in cannabis and cannabis products under Maine’s Medical Use of Cannabis Program.

It is the sole responsibility of the visiting patient under the marijuana laws to confer with their prescriber, caregiver, or dispensary staff to determine the appropriate cannabis or cannabis product and dosage to address the visiting patient’s needs. A qualifying visiting patient may purchase up to 2.5 ounces of medical cannabis and cannabis products every 15 days while visiting the state.

Patients who are residents of other states may purchase from a registered dispensary or caregiver medical cannabis and cannabis products while visiting Maine, subject to the limitations imposed by the marijuana laws and rules of the State of Maine and the laws and regulations of their state of residence. This list is subject to change.

Driving Under the Influence of Marijuana

It is just as illegal to drive while intoxicated on drugs as driving while drunk on alcohol in Maine, and the punishment for drug DUI is the same as for OUI of alcohol based on marijuana laws. The law allows charging drivers for a combination of drugs and alcohol.

A first or second OUI Drug within ten years is charged as a misdemeanor in Maine.

A third offense is a felony crime.

A DUI of drugs or alcohol involving severe injuries to another is almost always charged as a felony, regardless of prior offenses.

Under the Maine Marijuana laws, individuals 21 and older can lawfully possess, grow and transport cannabis in Maine within specified limits. However, driving under the influence of marijuana is always illegal.

Marijuana Advertising under Maine Marijuana Laws

In Maine, it is illegal to advertise marijuana for adult use of the following:

• Misleading, deceptive, or false advertising;
• Advertising targeted at consumers under 21.
• Advertisements placed within 1,000 feet of the property line of any pre-existing school.
• Health or physical benefit claims.
• Unwanted Internet marketing and advertising, such as banner ads on websites that cater to mass audiences.
• Opt-in advertising and marketing that doesn’t permit an easy and permanent opt-out feature.
• Marketing directed toward location-based devices, excluding apps downloaded by of-age users that also have a permanent, easy opt-out feature.

Penalties and Fines

Sale or Distribution 

The sale of 1 lb. or less is a Class D crime punishable by a maximum sentence of one-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 five years imprisonment and a maximum fine of $5,000.

Sale of more than 1 – less than 20 lbs. to a minor or within 1,000 feet of a school or school bus or combined with a prior conviction for a similar crime, use of a firearm, or use of a minor is a Class B crime, punishable by a maximum sentence of 10 years imprisonment with a two-year mandatory minimum term of imprisonment and a maximum fine of $10,000.

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 of 20 lbs. or more to a minor or within 1,000 feet of a school or school bus or combined with a prior conviction for a similar crime, use of a firearm, or use of a minor is a Class A crime punishable by a maximum sentence of 30 years imprisonment with a four-year mandatory minimum term of imprisonment and a $50,000 fine.

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 3 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 private property.

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

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 six months imprisonment and a maximum fine of $1,000.

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

Possession of 1-20 lbs. is a Class C crime punishable by a maximum sentence of five 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.

Conclusion

Please note that the above-presented Maine marijuana laws and rules are for informative purposes only and should not be regarded as legal advice.

We tirelessly work to give you comprehensive instructions so that you can legally use, sell or distribute marijuana in Maine and/or operate a compliant cannabis business in the state, keeping in mind that the rules surrounding marijuana are complicated and staying in compliance is challenging enough.  

Let’s do big things together!