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Maine Marijuana Law, Regulation, Penalties, Attornies & Congressman

Maine 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. At present, a state-imposed moratorium exists on the regulation or commercial production, retail sales, or social use establishments.

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

Maine Marijuana Law, Regulation, Penalties, Attorneys & Congressman

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 
  • 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

STATE REGULATIONS: 
Statement of Maine’s Medicinal Marijuana Law [PDF]

Maine Verified Marijuana / Cannabis Attorney / Lawyers

Tammie Snow

207-558-4300

Tammie Snow

Law Office of Tammie L. Snow
136 Commercial Street Mezzanine

PortlandME 04101

mainemarijuanaattorney.com

Phone: 207-558-4300

Christopher E McCabe Esq.

207-200-7044

Christopher E McCabe

McCabe Law LLC
188 State St Unit 204

PortlandME 04102

Phone: 207-200-7044

Alan E Shepard

207-985-2291

Alan E Shepard

Shepard & Read, P.A.
93 Main St.

KennebunkME 04043

Phone: 207-985-2291

Gregory Paul Braun

207-803-2265

Gregory Paul Braun

The Law Office of Gregory Braun, P.C.
236 Portland Road P.O. Box 314

BridgtonME 04009

www.gregorybraunlawoffice.com

Phone: 207-803-2265

Lynne A Williams

207-266-6327

Lynne A Williams

 
13 Albert Meadow

Bar HarborME 04609

Phone: 207-266-6327
 

Maine Congressman

Senators

Susan Collins (R)

MAINE

 

Grade: B-

Votes

 

Comments

“From a federal perspective, if there were a bill in the Senate to legalize marijuana, I would vote against it,” Collins said. That decision, she said, is based on extensive conversations she has had with medical professionals, law enforcement and others about what they are seeing in Maine in terms of substance abuse and a growing body of science that suggests marijuana use by teens can have a damaging impact on brain development. “When we legalize a controlled substance, we send a message that there is no harm and that, based on all the conversations I’ve had with medical personnel and others, is just not the case,” Collins said.

 

Angus King (I)

MAINE

 

Grade: C

Votes

 

Cosponsor

S. 683 CARERS Act of 2015

 
 

House of Representatives

Chellie Pingree (D)

MAINE

 

Grade: A+

Votes

 

Cosponsor

*H.R. 2076: Marijuana Businesses Access to Banking Act of 2015
*H.R. 525 Industrial Hemp Farming Act of 2015
H.R. 667 Veterans Equal Access Act
*H.R. 1013 Regulate Marijuana like Alcohol Act
H.R. 1635: Charlotte’s Web Medical Access Act of 2015
H.R. 1538: CARERS Act of 2015

 

Bruce Poliquin (R)

MAINE

 

Grade: B

Votes

 

No sponsorships or comments