Key Takeaways
- Maine legalized recreational weed in 2016, and legal sales started in October 2020, with a possession limit of up to 2.5 oz (5 grams can be concentrate).
- If you’re found with more than 2.5 oz (but less than 8 oz), you can get up to 6 months in jail and $1,000 in fines.
- Medical marijuana is legal, and patients can possess up to 2.5 oz, provided they have a certification from a physician.
Weed is legal in Maine for both recreational and medical use. Although it has taken some time since the state’s legalization bill was passed in 2016, recreational sales have finally commenced in the state.
Any adult aged 21 or over can buy and possess up to 2.5 ounces of marijuana legally in Maine, which can be purchased from state-licensed dispensaries. You can also grow your own marijuana, up to 6 mature plants.
Although Maine’s weed laws are much more open than in most states, it’s still important to know the rules so you can stay on the right side of the law.
Is Cannabis Legal in Maine?
Weed is totally legal in Maine, whether you have a medical need or just want to get high with your buddies. Adults aged 21 and over can legally possess 2.5 ounces.
Is Recreational Cannabis Legal in Maine?
Weed is legal for recreational use in Maine.
Voters approved Question 1 in November 2016, legalizing marijuana for adult use. The bill was passed into law and now it’s legal (page 18, section §2452.1) for any adult aged 21 or over in the state to possess, buy and transfer up to 2.5 ounces (71 g) of marijuana, with up to 5 g of this being concentrate.
LD 1719 made some changes to the original bill, such as removing cannabis social clubs from the law and reducing the number of flowering plants you’re allowed to grow from 6 to 3. It took some time, but the legalization was finally implemented and legal marijuana sales started in October 2020.
Penalties for Possession
You can possess 2.5 oz of weed completely legally in Maine, but if you have more than this, there are still punishments for possession.
These are also pretty harsh in comparison to the complete lack of punishment for less than 2.5 ounces, so it’s important to stay under that limit.
- For between 2.5 and 8 ounces, it’s considered a class E crime, and carries a punishment of up to six months in prison and $1,000 in fines.
- For between 8 ounces and a pound, it’s a class D crime, punishable by up to a year in prison and fines of up to $2,000.
- For between a pound and 20 pounds, it’s a class C crime. In this case, the prison sentence increases to a maximum of 5 years and the fines can reach $5,000.
- For over 20 pounds, it’s a class B crime, punishable by up to 10 years in prison and up to $20,000 in fines.
Is Medical Cannabis Legal in Maine?
Medical marijuana is also legal in Maine, and has been since 1999.
However, the modern Maine medical marijuana system largely comes from the Maine Medical Marijuana Act, which was passed a decade later in 2009.
As in many states, there are dispensaries operating for patients to purchase marijuana, if they have a qualifying condition (or an out-of-state weed card from somewhere that qualifies) and a recommendation from a medical professional.
Patient Possession Limits
The law states (page 5, section § 2423.1) that medical patients can have up to 2.5 ounces (71 g) of usable marijuana and up to 6 mature plants, 12 immature plants and unlimited seedlings.
The law also states that you can possess up to 8 pounds of harvested marijuana.
How to Get a Medical Marijuana Card in Maine?
The process for getting a Maine medical marijuana card is pretty similar to that in other states.
First off, you need to go see your medical professional (including doctors, doctors of osteopathy and nurse practitioners) and have them issue you a certification for the medical use of cannabis.
While any condition is ultimately fine, they do have a list of example conditions that may be treated with marijuana:
- Cancer
- Glaucoma
- HIV or AIDS
- Hepatitis C
- Amyotrophic lateral sclerosis
- Crohn’s disease
- Agitation of Alzheimer’s disease
- Nail-patella syndrome or the treatment of these conditions;
- A chronic or debilitating disease or medical condition or its treatment that produces intractable pain, which is pain that has not responded to ordinary medical or surgical measures for more than 6 months
- A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
- Cachexia or wasting syndrome
- Severe nausea
- Seizures
- Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis
With a diagnosis of one of these conditions or any condition your physician thinks will be helped by marijuana, you can be given a patient certification by your doctor. This is all you need to get medical marijuana from a dispensary, but you can also apply for a Maine medical marijuana card online, if you want one.
Can You Consume in Public?
You cannot consume weed in public in Maine, with the only place you can use marijuana being in a private residence.
This could be your residence, or really anybody’s, provided you have the permission of the owner of the property. Violation of this rule is a civil violation, punishable by a $100 maximum fine.
However, if you break another rule in the process – smoking in a no-smoking area, for example – then you will be charged on top of this amount too.
Can You Drive Under the Influence of Marijuana?
Just like with legal alcohol, you can’t drive under the influence of marijuana in Maine, despite legalization.
Operating a motor vehicle “while under the influence of intoxicants” is a crime in Maine and so it’s important to not drive while you’re high.
State law also includes an implied consent law, so by driving on the roads in the state you’re considered to have consented to blood, breath and urine tests for alcohol or drugs. If you refuse a test, your license will be suspended for 275 days and it will be considered an “aggravating factor” for sentencing.
For the actual OUI (operating under the influence), the punishments are:
- For a first offense, you’ll be fined at least $500, your driver’s license will be suspended for 150 days, and you’ll be jailed for at least two days if you were more than 30 mph over the speed limit, if you attempted to elude a police officer or had a passenger under the age of 21.
- For a second offense (within 10 years), you’ll be fined at least $700, be put in jail for at least 7 days, your driver’s license will be suspended for three years and you won’t be able to register a vehicle for the period of the suspension.
- For a third offense (within 10 years), the minimum fine increases to $1,100, you’ll be imprisoned for at least 30 days, your license will be suspended for 6 years, and you won’t be able to register a vehicle for this time.
- For a fourth or subsequent offense (within 10 years), the minimum fine is $2,100, you’ll be imprisoned for at least 6 months, your license will be suspended for 8 years and you won’t be able to register a vehicle for this time.
Is Delta-8 THC Legal in Maine?
Delta-8 THC is legal in Maine, because state law defines hemp in line with the federal government’s definition, and exempts it from the definition of “marijuana.”
This means that delta-8 THC products are considered hemp products in the state provided they contain less than 0.3% delta-9 THC, but otherwise would be regulated as marijuana products anyway.
RELATED: Where Is Delta-8 THC Legal? A State-by-State Map
Is Weed Decriminalized in Maine?
Weed is legal in Maine, but prior to legalization it was decriminalized when the medical program was expanded (page 3, sec. 3).
For some time, possessing 2.5 ounces or less was punishable by a fine and nothing else. However, since marijuana was legalized, even this punishment has been removed.
Can You Legally Grow Weed in Maine?
Growing weed is completely legal in Maine.
The amount you can grow depends on whether you’re growing for recreational or medicinal purposes.
Registered medical patients can have up to 6 mature plants, 12 immature plants and unlimited seedlings. Recreational users can also have up to 6 mature plants, 12 immature plants and unlimited seedlings.
You can also have all of the cannabis produced by plants you’ve grown legally, although technically the law for medical use limits you to 8 pounds of weed.
The requirements for growing are very similar under the adult use and medical laws, with the rules for adult use being a bit more clearly spelled out:
- The grower must ensure that the plants are not visible by the public without use of optical aids such as drones or binoculars.
- Take reasonable precautions to prevent access by people under 21 years of age.
- Attach a legible tag to each mature or immature plant (not seedlings). This must contain the grower’s name, driver’s license or identification number, a note that the cannabis is being grown for personal use under section §1502, and if the plants aren’t on your own land, the name of the person who owns the land.
For medical growers, the main limitation mentioned in the law is that it shouldn’t be easily accessible, except to the patient/caregiver or anyone who needs to perform maintenance.
Conclusion
Maine weed laws are some of the best in the country, particularly when it comes to growing your own cannabis. With weed legalization taking effect in Maine, a solid medical program and hemp laws in line with the federal farm bill, you can basically get anything you need in Maine with minimal issues and no legal risk.
It might have taken some time for the state to go from legal weed to actually selling weed legally, but now it’s taken effect there’s no going back.