Maine: Medical Marijuana Law Overview and State Fines/Penalties

[David Bowman]

Possession for Personal Use
Possession of a "usable amount" with proof of a physician's recommendation is not punishable.

Possession of up to 2.5 oz. is a civil violation which is punishable by a $350-$1000 fine. Subsequent offenses within 6 months are punishable by a $550 fine.

Possession of between 2.5-8 oz. is a Class E misdemeanor 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 misdemeanor 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 felony 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 felony punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.

Please 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

Sale or Distribution
The sale of 1 lb. or less is a Class D misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

The sale of 1-20 lbs. is a Class C felony 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 felony 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.

Please 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 4-A of the Maine Revised Statutes

Cultivation
The cultivation of 5 plants or less is a Class E misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

The cultivation of 5-99 plants is a Class D misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

The cultivation of 100-499 plants is a Class C felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The cultivation of 500 or more plants is a Class B felony punishable by a maximum of 10 years imprisonment and a maximum fine of $20,000.

Please 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

Hash & Concentrates
The definition of Marijuana in the Maine 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.

See:

• Tit. 17A Section 1101(1), (5) of the Maine Revised Statutes
• Tit. 17A Section 1102 of the Maine Revised Statutes Web Search

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

See:

• Tit. 17A Section 1103 of the Maine Revised Statutes

Using a minor child to traffic any amount of Hashish is a Class B Crime, subject to ten 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 ten 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 ten 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 ten 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 ten 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 five years.

See:

• Tit. 17A Section 1105-A of the Maine Revised Statutes

Furnishing any amount of Hashish to a minor child is a Class C crime, subject to five 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 five 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 five 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 five 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 five 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 five years.

See:

• Tit. 17A Section 1105-C of the Maine Revised Statutes

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

See:

• Tit. 17A Section 1106 of the Maine Revised Statutes

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

See:

• Tit. 17A Section 1107-A of the Maine Revised Statutes

Importing any amount of Hashish into Maine from another state or country is a Class D crime subject to one 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.

Paraphernalia
Possession of paraphernalia is a civil violation punishable by a maximum $300 fine.

The sale of paraphernalia is a misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000.

The sale of paraphernalia to a minor is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Please see:

• Title 17A Section 1111 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)

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

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. For more information see NORML's Industrial Use section.

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. For more information see NORML's Medical Marijuana section.

Source: NORML: Maine Laws & Penalties