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Home > State By State Laws > Maine

Maine

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State Penalties PDF decriminalized medical hemp

Incarceration

Fine
Possession
Usable amount with proof of physician's recommendation none none none
"Usable Amount" (under <2.5 oz) civil violation none $350 - $600
subsequent violation within 6 months $550
2.5 oz or more Presumption of Sale, Rebuttable
Cultivation
5 plants or less class E misdemeanor 6 months $1,000
5 - 100 plants class D misdemeanor 1 year $2,000
100 - 500 plants class C felony 5 years $5,000
More than 500 plants class B felony 10 years $20,000
Sale
1 lb or less class D misdemeanor 1 year $2,000
1 lb - 20 lbs class C felony
5 years
$5,000
20 lbs or more class B felony 10 years $20,000
Sale to minor or within 1,000 feet of a school or on a school bus felony
5 years
$5,000
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession and use civil violation none $300
Paraphernalia sale misdemeanor 6 months $1,000
Paraphernalia sale to a minor misdemeanor 1 year $2,000
Any conviction may cause professional license suspension or revocation.
Details

Possession of less than 2.5 ounces is a civil violation, punishable by a fine of $200 - $400. Possession of 2.5 ounces or more is considered evidence of intent to distribute and is punished as such (see below).

Possession of a usable amount of marijuana is lawful if at the time of the possession the person has an authenticated copy of a medical record demonstrating that the person has a physician's recommendation.

Cultivation of five plants or less of marijuana is punishable by up to six months in jail and a fine of up to $1,000. For greater than five plants, the penalties increase to up to one year in jail and a fine of up to $2,000. For greater than 100 plants the possible punishment is up to five years in prison and a fine of up to $5,000. For any amount of plants greater than 500, the penalties increase to up to ten years in prison and a fine of up to $20,000.

The penalty for sale of marijuana is up to one year in jail and a fine up to $2,000. The penalties increase to up to five years in prison and a fine of up to $5,000 if the sale was made to a minor or if it occurred within 1,000 feet of a school or on a school bus.

Possession of greater than one pound of marijuana is considered trafficking and is punishable by up to one year in jail and a fine of up to $2,000.

Possession and personal use of paraphernalia is a civil violation punishable by a fine of $200. The sale of paraphernalia is punishable by up to six months in prison and a fine of up to $1,000, unless the sale was to a minor, in which case the penalty increases to up to one year in jail and a fine of up to $2,000.

Upon conviction, the court may suspend or revoke the professional license of the offender.

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.

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.

Hemp: This state has an active hemp industry. 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.

Also see Federal Laws

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