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Maine Marijuana Laws

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

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

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

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 

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

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 
  • Tit. 17A Section 1102 of the Maine Revised Statutes
  • Tit. 7 Sec. 2442( 22-A) of the Maine Revised Statutes 

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 

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

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

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

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

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

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

Paraphernalia

An adult may possess marijuana paraphernalia.

See

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

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

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

  • Title 17-A, Sec. 1105-A(2) 
  • Title 17-A, Sec. 1105-C(2) 
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.

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

This state has legalized marijuana for personal use.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. 

Maine Drugged Driving

In Maine, a person is guilty of DUI if the person operates a motor vehicle while under the influence of intoxicants. 29-A Me. Rev. Stat. Ann. § 2411(1-A)(A)(1) (West 2010).

Implied Consent

  • If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and drug concentration by analysis of blood, breath or urine. Id. §2521(1). The law enforcement officer shall administer a breath test of his choosing unless, in that officer’s determination, a breath test is unreasonable. Id. § 2521(2).
  • Before the chemical tests, the officer must notify the driver of the consequences of refusing to submit to the tests. Id. §2521(3). However, a test result may not be excluded as evidence solely as a result of the failure of the law enforcement officer to provide the warnings. Id. § 2521(4).
  • Refusal of test shall result in immediate suspension of license for 275 days, and will be considered an aggravating factor at sentencing. Id. §2521(5)-(6). Failure of a person to submit to a chemical test is admissible in evidence on the issue of whether that person was under the influence of intoxicants. Id. § 2431(3).

Penalties

  • First offense -mandatory minimum penalty of 90 days license suspension, $500 fine, up to 364 days in jail, up to a $2,000 fine, one year of probation. Id. §§ 2411(5)(A), (F).
  • Second offense – minimum seven-day jail sentence, $700 fine, 18-month license suspension without a work-only license, right to register a vehicle for the period of the suspension revoked, possible court ordered drug or alcohol treatment. Id. §§ 2411(5)(B), (F).
  • Third offense – minimum thirty-day jail sentence up to 5 years; $1,100 to $5,000 fine; four-year license suspension without a work-only license; possible court ordered drug or alcohol treatment; two years of probation. Id. §§ 2411(5)(C), (F).
  • Fourth or subsequent offense –minimum six months in jail up to 5 years, $2,100 to $5,000 fine; six-year license suspension; possible court ordered drug or alcohol treatment; two years of probation. Id.§§ 2411(5)(D), (F).

Other Penalties & Penalty Enhancers

  • Driving with a passenger under the age of 21 adds an additional 275 day license suspension. If offender is less than 21, there is an additional license suspension of 180 days. Id. §2411(5)(G).

Sobriety Checkpoints

In Maine, law enforcement officials are entitled to conduct sobriety checkpoints under the federal Constitution.

  • Sobriety checkpoint do not encroach on constitutional protections against unreasonable searches and seizures when all vehicles are stopped, stops are brief, the checkpoint is conducted according to previously approved procedures. State v. Leighton, 551 A.2d 116 (Me. 1988)
  • Turning away from roadblock into driveway creates probable cause and suspicion of criminal conduct. State v. D’Angelo, 605 A.2d 68 (Me. 1992).

Maine Hemp Law

Year Passed: 2009

Summary: LD 1159, An Act Relating to Industrial Hemp allows a person to grow industrial hemp if that person holds a license issued by the Commissioner of Agriculture, Food and Rural Resources and the hemp is grown under a federal permit in compliance with the conditions of that permit. Separate legislation enacted in 2015, LD 4, removes the requirement that state-licensing be contingent upon additional action by the federal government to exclude hemp from the federal definition of marijuana.

Statute: Me. Rev. Stat. tit. 7 § 2231 (2014)

Maine Medical Marijuana Law

Status

 

Operational

Law Signed:

 1999

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

  • 46,423 (voluntary registry)
  • Source: Maine Center for Disease Control & Prevention

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