Maine: Legislation Becomes Law Amending Rules Regarding Cannabis Use While on Probation

Augusta, ME: Legislation (LD 1311) has become law absent the Governor’s signature amending rules surrounding the use of cannabis by those on probation or parole.

The law limits the ability of the courts to order those on probation, parole, or pre-trial release to refrain from the use of cannabis.

Maine is one of the few jurisdictions imposing such limitations. In 2019, New York City lawmakers enacted legislation removing abstinence from marijuana as a necessary condition of probation. In a handful of other states, including ColoradoPennsylvania, and Michigan, courts have ruled that eligible patients can legally use medical cannabis while on probation.

Maine voters approved a statewide initiative legalizing the adult-use cannabis market in 2016; however, retail marijuana sales did not begin until 2020.

Additional details regarding Maine’s adult-use legalization law are available from NORML.