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Maine Marijuana Laws

Maine joined the growing list of states allowing recreational marijuana when voters approved a ballot initiative in 2016, allowing for the possession of up to 2.4 ounces of usable marijuana and the home cultivation of up to six plants.

Ballot Question 2 -- Approved Nov. 2, 1999 by 61% of voters
Effective: Dec. 22, 1999

Amended: Senate Bill 611
Effective: Signed into law on Apr. 2, 2002


Amended: Question 5 (135 KB) -- Approved Nov. 3, 2009 by 59% of voters

Amended: LD 1062 (25 KB)
Effective: Enacted without the governor's signature on June 26, 2013

Maine Medical Use of Marijuana Program (MMMP)
Division of Licensing and Regulatory Services
Department of Health and Human Services
11 State House Station
Augusta, ME 04333
Phone: 207-287-4325

medmarijuana. dhhs@maine.gov

Website:
Maine Medical Marijuana Program

The following table details Maine’s marijuana laws.

Code Section Maine Code Revised Title 17-A, Chapter 45: Drugs
Possession Possession of marijuana in Maine is punished by the amount of weed the person has, as follows:
  • Up to 2.5 ounces – No penalty
  • 2.5 to 8 ounces – Class Ecrime that can be sentenced to up to six months in jail and a fine up to $1,000
  • 8 to 16 ounces – Class D crime punished by up to one year in jail and a $2,000
  • 1 to 20 pounds – Class C crime (presumed to be trafficking or furnishing after 1 pound) penalized by up to 5 years in prison and a $5,000 fine
  • Over 20 pounds – Class B crime subject to up to 10 years in prison and a $20,000 fine

If the material is actually industrial hemp, such as used to make rope or clothing, it’s not a crime.

Furnishing Maine law prohibits the furnishng, giving, administering, delivering, or otherwise transferring marijuana, or possessing it to do those things. Possession of at least one pound of marijuana or more will result in a person being assumed to be furnishing or trafficking Mary Jane.
Trafficking

Trafficking or selling or distributing marijuana is also illegal. It’s punished based on marijuana weight as shown above.

Trafficking or furnishing marijuana can be  or increased in penalty for trafficking or furnishing to a child or using a child, having a prior Class A, B, or C drug convictions, using a gun, or within 1,000 feet of a school or on a school bus or park, field, etc.

When aggravated, it will be a Class C offense. However, if the amount of marijuana was 20 pounds or more, than it’s a Class A offense and if 1 pound or more that it’s a Class B crime.

Driver’s Licenses
In addition, when a car is used to furnish or traffick marijuana, then the defendant’s driver’s license can be suspended for up to 5 years after he or she is released from jail or prison.

Note: As the recreational marijuana law matures, the state may offer licenses for lmarijuana dispensaries.

Cultivation

Cultivating marijuana is legal in Maine, as long as individuals don't grow more than six plants at a time. The penalty for cultivating more than this depends on the number of plants, as follows:

  • 7 - 100: 1 year in jail, $2,000 fine
  • 101 - 499: 5 years in prison; $5,000 fine
  • More than 500: 10 years; $20,000 fine

 

Cultivating can also be aggravated if the person does any of the same things (using children to cultivate, using a firearm in the crime, etc.). When aggravated, the crime is increasd by one level.

Note: As the recreational marijuana law matures, the state may offer licenses for larger-scale cultivation to be sold at dispensaries.

 

Drug Paraphernalia Sometimes, states prohibit drug paraphernalia or accessories, as well as drugs. Maine law prohibits the trafficking, furnishing, or possession of certain marijuana cultivation or use accessories, such as cutting kits or water bongs or pipes. While generally a Class E crime, it can be increased to a Class D crime for selling or giving marijuana drug accessories to a child under 16.

Advertising illegal drug paraphernalia is a Class E crime.



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