Maine Laws Pertaining to Cannabis

It’s important to be aware of the state of Maine’s rules around adult use cannabis. Basically, you need to be over 21 years old to possess cannabis, you can only consume on private property with permission, you can’t take it with you if you leave the state and consuming while driving for you and your passengers is a no-no. Helpful information can be found here

You must be over 21

In order to possess or use non-medical marijuana in Maine, you must be 21 years of age or older. It’s that simple.

See: 28-B M.R.S. §1501

Don’t use in public

Using marijuana in any form (smoking, eating or vaping) isn’t allowed in public places, including amusement parks, ski resorts, sporting and music venues, state and national parks, campsites, playgrounds, sidewalks and roads, marijuana retail businesses, bars, restaurants and outdoor or rooftop cafes.

So where can you use it? Marijuana use is legal within the confines of private property. Just keep in mind that property owners, landlords, and rental companies can ban the use and possession of marijuana on their premises.

See: 28-B M.R.S. §1501(2)(A)

Federal land is under federal law

Marijuana is legal under State of Maine law. Federally, it is not legal. If you’re on federal property, such as a national park or a border crossing, you can’t even have it in your possession.

See: 21 U.S.C. § 812

Don’t cross state lines or international boundaries

It’s illegal to leave Maine with any marijuana products – medical or non-medical. Mailing marijuana from Maine is also illegal.

See: 21 U.S.C. § 812, CBP Statement on Canada’s Legalization of Marijuana and Crossing the Border

Don’t drive high

It’s illegal to drive under the influence of marijuana. You could be charged with an OUI.

See: 28-B M.R.S. §1501(2)(B)(1), 29-A M.R.S. §2411

Possessing and transporting

Adults over the age of 21 can possess up to 2.5 ounces of marijuana, including 5 grams of marijuana concentrate. It is illegal to open and use marijuana in a vehicle. This goes for both the passenger and the driver.

See: 28-B M.R.S. §1501(1)(B) and (2)(B)(1)

There’s a limit to how much you can grow

Mainers can grow marijuana for personal use. As many as three mature and twelve immature plants, plus unlimited seedlings, are allowed per resident 21 years of age or older.

These restrictions do not apply to the cultivation of marijuana for medical use by a qualifying patient, a caregiver, a registered caregiver or a registered dispensary as authorized by the Maine Medical Use of Marijuana Act.

See: 28-B M.R.S. §1502(1)

Keep it out of sight

An adult who chooses to grow plants for personal use must make sure the marijuana is not visible from a public way without the use of binoculars.

See: 28-B M.R.S. §1502(2)(A)

Keep it locked up

An adult who chooses to grow their own plants must take reasonable precautions to prevent unauthorized access by individuals under the age of 21.

See: 28-B M.R.S. §1502(2)(B)

Take ownership of your grow

If you’re growing marijuana for personal use, the plant(s) must be tagged with a legible label that includes your name, driver’s license or state identification number, and a notation that the plant(s) are being grown as authorized by law.

For example:
Connor S. Sample, Jr.
ID: 1234567
Personal Adult Use: Title 28-B, Section 1502

If the parcel or tract of land you are growing on is owned by someone else, you must have their written permission to grow and care for your plants and include the landowners name on each plant’s label.

See: 28-B M.R.S. §1502(1)(C) and (2)(C)

Only medical patients can buy medical marijuana in Maine

Individuals who have received a patient certification from a medical professional may legally access medical marijuana from a caregiver or dispensary. Cards are available to Maine residents only.

Patients visiting Maine from another state may be able to purchase medical marijuana from a registered caregiver or dispensary if they have valid patient identification credentials (like a registry or patient identification card) and their state of residence allows them to use their state-issued credential to purchase medical marijuana in Maine.

See Maine Medical Use Marijuana Program for more information.

See: 22 M.R.S. §2423-A, Id. §2423-C, Id. §2425-A

Talk to a probation officer

For individuals on probation, there are rules and restrictions for marijuana that must be followed. Contact a probation officer to find out more.