| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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| 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 |
|||
| Adult sharing with no remuneration up to 2.5 oz | No penalty | None | $ 0 |
| 1 lb or less | Crime | 1 year | $ 2,000 |
| More than 1 – less than 20 lbs | Crime | 5 years | $ 5,000 |
| Aggravated sale or distribution of more than 1 – less than 20 lbs | Crime | 10 years, with 2 years MMS* | $ 20,000 |
| 20 lbs or more | Crime | 10 years | $ 20,000 |
| Aggravated sale or distribution of 20 lbs or more | Crime | 30 years, with 4 years MMS* | $ 50,000 |
| * Mandatory Minimum Sentence (MMS). See Penalty Details for more information. | |||
Cultivation |
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| 3 mature plants or less; up to 12 immature plants | No penalty | None | $ 0 |
| 5 plants or fewer | Crime | 6 months | $ 1,000 |
| More than 5 - less than 100 plants | Crime | 1 year | $ 2,000 |
| 100 - less than 500 plants | Crime | 5 years | $ 5,000 |
| Aggravated cultivation of 100 - less than 500 plants | Crime | 10 years, with 2 years MMS* | $ 20,000 |
| 500 plants or more | Crime | 10 years | $ 20,000 |
| Aggravated cultivation of 500 plants or more | Crime | 30 years, with 4 years MMS* | $ 50,000 |
| * Mandatory Minimum Sentence (MMS). See Penalty Details for more information. | |||
Hash & Concentrates |
|||
| Up to 5 g | No penalty | None | $ 0 |
| More than 5 g | Crime | 1 year | $ 2,000 |
| Sale or distrubution | Crime | 5 years | $ 5,000 |
| Aggravated sale or distrubution | Crime | 10 years, with 2 years MMS* | $ 20,000 |
| * Mandatory Minimum Sentence (MMS). See Penalty Details for more information. | |||
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
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 3 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. Public use of marijuana is a civil infraction punishable by a $100 fine. Possession of a “usable amount” of marijuana with proof of a physician’s recommendation is not punishable.
Possession of between 2.5-8 oz. is a crime punishable by a maximum sentence of six months imprisonment and a maximum fine of $1,000.
Possession of between 8-16 oz. is a crime punishable by a maximum sentence of one year imprisonment and a maximum fine of $2,000.
Possession of between one to 20 pounds is a crime punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000.
Possession of over 20 pounds is a crime punishable by a maximum sentence of 10 years imprisonment and a maximum fine of $20,000.
- Maine Revised Statutes § 1501(1)(B)
- Maine Revised Statutes § 1107-A(1)(F)
- Maine Revised Statutes § 1501(2)(B)-(C)
Sale or Distribution
Adult sharing with no remuneration up to 2.5 ounces, five grams of concentrate, or six immature plants carries no penalty, no jail time, and no fine.
The sale of one pound or less is a crime punishable by a maximum sentence of one year imprisonment and a maximum fine of $2,000.
The sale of more than one to less than 20 pound is a crime punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000.
Sale of more than one to less than 20 pounds to a minor or within 1,000 feet of a school or school bus or combined with a prior conviction for a similar crime, use of a firearm or use of a minor is a crime punishable by a maximum sentence of 10 years imprisonment with a two year mandatory minimum term of imprisonment and a maximum fine of $10,000.
The sale of 20 pounds or more is a crime punishable by a maximum of 10 years imprisonment and a maximum fine of $20,000.
Sale of 20 pounds or more to a minor or within 1,000 feet of a school or school bus or combined with a prior conviction for a similar crime, use of a firearm or use of a minor is a crime punishable by a maximum sentence of 30 years imprisonment with a four year mandatory minimum term of imprisonment and a $50,000 fine.
- Maine Revised Statutes § 1501(1)(C)-(D)
- Maine Revised Statutes § 1103(3)(A)
- Maine Revised Statutes § 1103(1-A)(E)
- Maine Revised Statutes § 1105-A(1)(4)
- Maine Revised Statutes § 1103(1-A)(C)
- Maine Revised Statutes § § 1105-A(1)(2)
Cultivation
An adult may cultivate up to three flowering marijuana plants, 12 immature plants and unlimited seedlings. An adult may possess all of the marijuana produced by the plants with no penalty, no jail time, and no fine.
Cultivation of five plants or fewer is a crime punishable by a maximum sentence of six months imprisonment and a maximum fine of $1,000.
Cultivation of more than five plants to 99 plants is a crime punishable by a maximum sentence of one year imprisonment and a maximum fine of $2,000.
Cultivation of 100 to 499 plants is a crime punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000.
Cultivation of 100-499 plants is a plants within 1000 feet of a school or school bus or combined with a prior conviction for a similar crime, use of a firearm or use of a minor is a crime subject to a maximum sentence of 10 years imprisonment with a two year mandatory minimum term of imprisonment and a $20,000 fine.
Cultivation of 500 or more plants is a crime punishable by a maximum of sentence of 10 years imprisonment and a maximum fine of $20,000.
Cultivation of 500 or more plants within 1000 feet of a school or school bus combined with a prior conviction for a similar crime, use of a firearm or use of a minor is a Class A crime subject to a maximum sentence of 30 years imprisonment with a four year mandatory minimum term of imprisonment and a $50,000 fine.
- Maine Revised Statutes § 1502(1)
- Maine Revised Statutes § 1117(1)(b)(4), (3), (2), (1)
- Maine Revised Statutes § 1105-D(1)
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 five 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.
Possession of more than five grams of marijuana concentrate is a crime punishable by a maximum sentence of one year imprisonment and a maximum fine of $2,000.
Selling any amount of Hashish is a crime, subject to five years incarceration and a fine of no more than $5000.
Using a minor child to sell any amount of Hashish is a crime, subject to 10 years incarceration with a two year mandatory minimum term of imprisonment and a fine of no more than $20,000.
Selling any amount of Hashish when you have at least one prior conviction for a similar drug crime is a crime, subject to 10 years incarceration with a two year mandatory minimum term of imprisonment and a fine of no more than $20,000.
Use or possession of a firearm when selling any amount of Hashish is a crime, subject to 10 years incarceration with a two year mandatory minimum term of imprisonment and a fine of no more than $20,000.
Selling any amount of Hashish while within 1000 feet from a school or other designated safe zone is a crime, subject to 10 years incarceration with a two year mandatory minimum term of imprisonment and a fine of no more than $20,000.
- Maine Revised Statutes § 1501(1)(B)
- Maine Revised Statutes § 1107-A(1)(D)
- Maine Revised Statutes § 1103(1-A)(B)
- Maine Revised Statutes § 1105-A(1)(3)
Paraphernalia
An adult may possess marijuana paraphernalia with no penalty, no jail time, and no fine.
The sale of paraphernalia is a person at least 16 years old is crime misdemeanor punishable by a maximum sentence of six months imprisonment and a maximum fine of $1,000.
The sale of paraphernalia to a person less than 16 years old is a crime misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $2,000.
- Maine Revised Statutes § 1501(1)(A)
- Maine Revised Statutes § 1111-A(4-A)(A)(1), (2)
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.
More Information
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
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.