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Maine  Marijuana Laws

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.

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.

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.

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.

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.

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.

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.

Trafficking any amount of Hashish is a Class C Crime, subject to 5 years incarceration and a fine of no more than $5000.

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.

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.

Furnishing any amount of Hashish is a Class D crime subject to 1 year’s imprisonment and a fine not to exceed $2000.

Possessing any amount of Hashish is a Class D crime subject to 1 year’s imprisonment and a fine not to exceed $2000.

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.

Paraphernalia
An adult may possess marijuana paraphernalia.

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.

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.

Maine Medical Marijuana Laws
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

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.