Maine Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession

2.5 oz or lessNo penaltyNone$ 0
More than 2.5 - 8 ozCrime6 months$ 1,000
More than 8 oz - 1 lbCrime1 year$ 2,000
More than 1 - 20 lbsCrime5 years$ 5,000
More than 20 lbsCrime10 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

1 lb or lessCrime1 year$ 2,000
More than 1 – less than 20 lbsCrime5 years$ 5,000
Aggravated sale or distribution of more than 1 – less than 20 lbsCrime10 years, with 2 years MMS*$ 20,000
20 lbs or moreCrime10 years$ 20,000
Aggravated sale or distribution of 20 lbs or moreCrime30 years, with 4 years MMS*$ 50,000
* Mandatory Minimum Sentence (MMS). See Penalty Details for more information.

Cultivation

3 plants or lessNo penaltyNone$ 0
More than 3 - less than 100 plantsCrime1 year$ 2,000
100 - less than 500 plantsCrime5 years$ 5,000
Aggravated cultivation of 100 - less than 500 plantsCrime10 years, with 2 years MMS*$ 20,000
500 plants or moreCrime10 years$ 20,000
Aggravated cultivation of 500 plants or moreCrime30 years, with 4 years MMS*$ 50,000
* Mandatory Minimum Sentence (MMS). See Penalty Details for more information.

Hash & Concentrates

Up to 5 gNo penaltyNone$ 0
More than 5 gCrime1 year$ 2,000
Sale or distrubutionCrime5 years$ 5,000
Aggravated sale or distrubutionCrime10 years, with 2 years MMS*$ 20,000
* Mandatory Minimum Sentence (MMS). See Penalty Details for more information.

Paraphernalia

Possession of paraphernaliaNo penaltyNone$ 0
Sale of paraphernaliaCrime6 months$ 1,000
Sale to a minor younger than 16 years of ageCrime1 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.

An adult who violates these laws has committed a civil violation and may be fined up to $100.

  • Tit.7 Sec. 2452(1) of the Maine Revised Statutes Web Search
  • Tit.7 Sec. 2452(1) of the Maine Revised Statutes Web Search
  • Tit.7 Sec. 2452(6) of the Maine Revised Statutes Web Search
  • Tit.7 Sec. 2452(7) of the Maine Revised Statutes Web Search
  • Tit.7 Sec. 2452(6) of the Maine Revised Statutes Web Search

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 six 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 one 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 five 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.

  • 22 Section 2382 of the Maine Revised Statutes Web Search
  • 22 Section 2383 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1107-A of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Sale or Distribution

The sale of 1 lb. or less is a Class D crime punishable by a maximum sentence of one 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 five years imprisonment and a maximum fine of $5,000.

Sale of more than 1 – less than 20 lbs. 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 Class B 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 lbs. or more is a Class B crime punishable by a maximum of 10 years imprisonment and a maximum fine of $20,000.

Sale of 20 lbs. 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 Class 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.

  • Tit. 17A Section 1101 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1105-A of the Maine Revised statutes Web Search
  • Tit. 17-A Section 1125 of the Maine Revised Statutes. Web Search

Cultivation

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.

  • Tit. 7 Sec. 2452, sub.1 of the Maine Revised Statutes Web Search

Cultivation of 6-99 plants is a Class D crime punishable by a maximum sentence of one 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 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 Class B crime subject to a maximum sentence of 10 years imprisonment with a two year mandatory minimum term of imprisonment and a $10,000 fine.

Cultivation of 500 or more plants is a Class B 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.

  • Title 17A Section 1117 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 4-A of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1105-D of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1125 of the Maine Revised Statutes Web Search

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.

  • Tit. 17A Section 1101(1), (5) of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1102 of the Maine Revised Statutes Web Search
  • Tit. 7 Sec. 2442( 22-A) of the Maine Revised Statutes Web Search

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.

  • Tit. 7 Sec. 2452(1) of the Revised Statutes Web Search

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

  • Tit. 17A Section 1103 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Using a minor child to sell any amount of Hashish is a Class B 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 Class B 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 Class B 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 Class B crime, subject to 10 years incarceration with a two year mandatory minimum term of imprisonment and a fine of no more than $20,000.

Using a motor vehicle to sell scheduled drugs in Maine may result in a driver’s license being revoked for up to five years.

  • Tit. 17A Section 1105-A of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1125 of the Maine Revised Statutes Web Search

Furnishing any amount of Hashish to a minor child is a Class C crime, subject to five years incarceration with a one year mandatory minimum term of imprisonment 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 with a one year mandatory minimum term of 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 with a one year mandatory minimum term of 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 with a one year mandatory minimum term of imprisonment 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 with a one year mandatory minimum term of 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.

  • Tit. 17A Section 1105-C of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1125 of  the Maine Revised Statutes Web Search

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

  • Tit. 17A Section 1106 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

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

  • Tit. 17A Section 1107-A of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

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.

  • Tit. 17A Section 1118 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17A Section 1301 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

Paraphernalia

An adult may possess marijuana paraphernalia.

  • Tit. 7 Sec. 2452(1) of the Maine Revised Statutes Web Search

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.

  • Tit. 7  Sec. 2452( 1) of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1252 of the Maine Revised Statutes Web Search
  • Tit. 17-A Section 1301 of the Maine Revised Statutes Web Search

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.