Maine Marijuana Laws

Both medical and adult recreational marijuana use is legal. Adults 21 and older may possess up to 2.5 ounces of flower and 5 grams of concentrates, while qualified patients are allowed up to 2.5 ounces of prepared marijuana and 8 pounds of dried. Home cultivation is permitted, with a limit of 3 mature plants for recreational consumers and 6 plants for patients and caregivers.

Maine marijuana laws
Latest news
Call Attorney

LATEST NEWS

ALL MAINE NEWS

LATEST NEWS

Latest News

ALL MAINE NEWS

LAW BREAKDOWN

LAW BREAKDOWNS

Marijuana became legal in Maine when voters approved Question 1 at the ballot in 2016. Maine marijuana law allows adults to grow and possess cannabis for personal recreational use. Medical marijuana has been available in The Pine Tree State since 1999, and patients qualify with a long list of conditions.

Possession

Maine marijuana laws allow adults to possess up to 2.5 ounces of cannabis for personal, recreational use. Exceeding this limit is a crime which comes with both a fine and jail time.

Possessing between 2.5 and 8 ounces is punishable by up to 6 months in jail and a $1,000 fine. When the amount involved is between 8 ounces and 1 pound, the potential punishment increases to 1 year in jail and $2,000 in fines.

For possession of between 1 and 20 pounds, 5 years’ incarceration and $5,000 in fines are possible. And for quantities of more than 20 pounds, the maximum penalty is 10 years in prison and $20,000 in fines.

Marijuana law in Maine does not allow public consumption of the drug. Doing so is a civil infraction punishable by a maximum $100 fine.

Offense Penalty Incarceration Max. Fine
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.

Scroll to see the rest of the table.

Sale and Distribution

Sale of marijuana in Maine is illegal unless licensed by the state. When the amount sold is less than 1 pound, the punishment is up to 1 year in jail and $2,000 in fines. For distribution of between 1 and 20 pounds, the maximum penalty increases to 5 years in prison and $5,000 in fines.

Sale of between 1 and 20 pounds of marijuana carries greater penalties when sold to a minor, within 1000 feet of a school, in combination with a prior conviction for a similar crime, involving a minor or with the use of a firearm. In these cases, the crime is punishable by between 2 and 10 years imprisonment and a maximum $10000 fine.

For amounts of more than 20 pounds, the top punishment is 10 years in prison and a $20,000 fine.

Sale of more than 20 pounds to a minor, within 1000 feet of a school, in combination with a prior conviction for a similar crime, involving a minor or with the use of a firearm carries a prison term of 4 to 30 years, and potential fines of $50000.

Offense Penalty Incarceration Max. Fine
1 lb or less Crime 1 year $ 2,000
More than 1 – less than 20 lbs Crime 5 years $ 5,000
Aggravated sale or distribution of more than 1 – less than 20 lbs Crime 10 years, with 2 years MMS* $ 10,000
20 lbs or more Crime 10 years $ 20,000
Aggravated sale or distribution of 20 lbs or more Crime 30 years, with 4 years MMS* $ 50,000
* Mandatory Minimum Sentence (MMS).

Scroll to see the rest of the table.

Cultivation

Maine cannabis laws allow the cultivation of up to 3 flowering plants and 12 immature plants, and an unlimited number of seedlings, at one’s own residence. The grower can also possess all of the marijuana produced by those plants. Any cultivation exceeding these limits is a crime. Growers are also allowed to gift up to 6 immature plants for free to adults 21 and over.

For cultivation of 6 to 100 plants, the maximum penalty is 1 year in jail and $2,000 in fines. When between 100 and 500 plants are involved, the potential punishment increases to 5 years in prison and $5,000 in fines.

Penalties are greater when cannabis is cultivated within 1000 feet of a school, when combined with a prior offense for a similar crime, using a firearm or using a minor. In such cases, the prison term is between 2 and 10 years, and a fine of $10,000 is possible.

Cultivation of more than 500 plants comes with up to 10 years in prison and $20,000 in fines.

Cultivation of more than 500 plants, when done within 1000 feet of a school, when combined with a prior offense for a similar crime, using a firearm or using a minor comes with an increased punishment of four to 30 years in prison and a potential $50,000 fine.

Offense Penalty Incarceration Max. Fine
3 mature plants or less No penalty None $ 0
More than 3 – less than 100 plants Crime 1 year $ 2,000
100 – less than 500 plants Crime 5 years $ 5,000
Aggravated cultivation of 100 – less than 500 plants Crime 10 years, with 2 years MMS* $ 10,000
500 plants or more Crime 10 years $ 20,000
Aggravated cultivation of 500 plants or more Crime 30 years, with 4 years MMS* $ 50,000
* Mandatory Minimum Sentence (MMS)

Scroll to see the rest of the table.

Hash and Concentrates

Maine marijuana laws allow the possession of cannabis concentrates, as long as the weight does not exceed 5 grams. Possessing more than 5 grams is a crime that comes with up to 1 year in jail and $2,000 in fines.

Any unlicensed sale is a crime in Maine, punishable by up to five years incarceration and a maximum fine of $5,000.

Sale of marijuana carries greater penalties when a minor is involved, the seller has a prior conviction for a similar crime, a firearm is involved, or the sale takes place within 1000 of a school or other designated safe zone. in such cases, the prison term is between 2 and 10 years, and a fine of $20,000 is possible.

Offense Penalty Incarceration Max. Fine
Up to 5 g No penalty None $ 0
More than 5 g Crime 1 year $ 2,000
Sale or distribution Crime 5 years $ 5,000
Aggravated sale or distribution Crime 10 years, with 2 years MMS* $ 20,000
* Mandatory Minimum Sentence (MMS)

Scroll to see the rest of the table.

Paraphernalia

Maine permits the possession of marijuana paraphernalia.

Sale to a minor is illegal. When the person is aged 16 or older, sale of marijuana is a Class E misdemeanor, punishable by up to 6 months in imprisonment and a $1,000 fine. When the minor is younger than 16, the potential penalty increases to 1 year in jail and a fine of $2,000.

Offense Penalty Incarceration Max. Fine
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

Scroll to see the rest of the table.

Miscellaneous

Offense Penalty Incarceration Max. Fine
Driver’s license restriction will be imposed for aggravated furnishing any amount of pot or hash.

Medical Marijuana

MEDICAL MARIJUANA

The medicinal use of marijuana was legalized in Maine through a 1999 ballot initiative. 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 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)
  • Any condition that a physician feels will benefit from the use of marijuana

PATIENT POSSESSION LIMITS:

Two and a half ounces

HOME CULTIVATION:
Yes. Patients or their primary caregivers are permitted to possess a maximum of six mature cannabis plants and 12 immature 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. Caregivers are be permitted to treat as many patients as possible from their limited harvest, and hire employees as needed.

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 Maine registry identification card.

Marijuana Attorney Directory

Maine Marijuana Attorneys

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

Reserved for attorney contributors