Maine Cannabis Laws

Maine has legalized cannabis for medical and recreational use.

In 1999, Maine voters voted in favor of legalizing medical cannabis. Maine Medical Marijuana Initiative, or Question 2,  allowed patients with specific qualifying conditions to cultivate, possess, and consume a limited amount of medical marijuana. A decade later, residents supported efforts to expand the existing medical marijuana program. This initiative prompted the creation of the Maine Medical Marijuana Act (LD 975, I.B. 2) and established nonprofit medical marijuana dispensaries throughout the state. In addition, the measure initiated a statewide identification card system for medical cannabis patients.

Recreational cannabis was legalized with the passage of the Marijuana Legalization Act in 2016. This legislation gave Mainers over 21 the right to purchase and cultivate cannabis for personal use. From 2018 to 2019, lawmakers approved a raft of measures that developed the framework for adult-use cannabis retail sales, including guidelines for possession, cultivation, consumption, sales, and taxation of marijuana. Maine initiated its first recreational cannabis sales in 2020.

Marijuana Laws in Maine

Marijuana is legal for both medical and recreational use in the state of Maine. Each program includes a distinct series of legal guidelines consumers are expected to follow.

Medical Cannabis Laws

Patients 18 and older who’ve been certified by a state-approved healthcare provider can obtain medical cannabis from a licensed dispensary or an authorized caregiver. Medical users may purchase up to 2.5 ounces (or 70 grams) of cannabis flower or cannabis concentrate per day.

State law also permits the cultivation of medical marijuana for personal use. Patients under 18 must designate a parent (or legal guardian over 21) as their caregiver to purchase, cultivate, and administer medical cannabis on their behalf. In addition, Maine charges a 5.5% tax on medical marijuana and 8% on cannabis edibles.

Recreational Marijuana Laws

Adults 21 and older with a valid state ID may purchase a daily limit of up to 2.5 ounces (or 70 grams) of marijuana flower, including a maximum of 5 grams of marijuana concentrate. Recreational consumers are also permitted to cultivate a limited amount of cannabis for personal use.

Patients and adult users alike may only consume cannabis within a private residence or on private property, not in public places. In addition, it is illegal to cross state lines with cannabis or cannabis-infused products. And while marijuana has been decriminalized since 1976, state law has placed numerous penalties on the unlawful possession, cultivation, and sale or distribution of cannabis. Punitive measures range from a civil infraction, with fines starting at $100, to a Class A crime punishable by incarceration.

Recreational cannabis is also subjected to taxation. Comprised of a 10% excise tax and 5.5% standard sales tax, adult users pay a combined rate of 15.5% for marijuana and marijuana products at the point of sale. Revenue generated from these transactions contributes millions to various government operations.

CBD and Delta-8 Laws

The passage of the 2018 Farm Bill legalized hemp containing less than 0.3% THC at the federal level. Therefore, hemp-derived cannabinoids such as CBD, delta-8, delta-10, and HHC are legal for adult use in Maine.

What to Know About About Medical Cannabis in Maine

As a fully legal state, Maine has developed and implemented extensive legislation pertaining to both medical and recreational cannabis use.

Certain Medical Conditions Qualify for Medical Cannabis

Maine cannabis law originally listed the following medical conditions as qualifiers for a medical marijuana card:

• AIDS/HIV
• Alzheimer’s disease
• Amyotrophic lateral sclerosis aka Lou Gehrig’s disease
• Cachexia or wasting syndrome
• Cancer and the treatment of the side effects of chemotherapy
• Chronic intractable pain
• Crohn’s disease
• Glaucoma
• Hepatitis C
• Irritable bowel syndrome (IBS) and irritable bowel diseases (IBDs)
• Nail-patella syndrome
• Post-traumatic stress disorder (PTSD)
• Seizures, including those caused by epilepsy
• Severe and persistent muscle spasms, including those caused by multiple sclerosis
• Severe nausea

The Maine Medical Marijuana Act of 2018 was amended to remove debilitating health conditions from the law. As a result, any condition recognized by a certifying provider may be used to apply for medical cannabis.

Telemedicine Is Allowed

Telemedicine is allowed in Maine, and you can get certified to receive a medical marijuana card online. If you’re ready to apply, contact one of our certified physicians today to get started.

Maine Has Medical Cannabis Reciprocity Laws

Maine offers reciprocity, meaning state cannabis law recognizes medical cannabis cards from other states. Below is a list of additional states and territories that have reciprocity:

• Arizona
• Arkansas *
• Hawaii *
• Louisiana
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

There Are Employment Protections for Cardholders

While employers can implement workplace drug tests, Maine labor laws prohibit the discrimination of medical marijuana patients. Under the Protections for Authorized Activity, schools, landlords, and employers may not refuse to enroll, lease to, or employ a certified patient or their caregiver based solely on their medical marijuana status. However, employers are not required to accommodate medical marijuana use in the workplace, which may include working under the influence of cannabis. Additionally, employers are permitted to take disciplinary actions in the event that cannabis consumption is found to violate company policies or official substance abuse laws.

Can You Grow Cannabis in Maine?

Yes, it is legal for Maine residents to cultivate cannabis.

Patients or registered caregivers wishing to grow marijuana plants must apply for a cultivation license. Medical marijuana patients may cultivate a total of 6 mature plants, 12 immature plants, and an unlimited number of seedlings. Two or more certified patients within the same household cannot share more than two cultivation areas. A cultivation area is defined as an enclosed outdoor space or enclosed secured facility surrounded by a privacy fence at least six feet in height. All plants must be out of public view and only accessible to the patient or designated caregiver.

Regarding recreational cultivation, adults over 21 may cultivate up to 3 mature marijuana plants, 12 immature plants, and an unlimited amount of seedlings for personal use. Both medical cannabis patients and adult consumers may cultivate marijuana within a private residence or outdoors on private property belonging to the patient, caregiver, or adult user.

Plants cultivated outdoors must be labeled with your name and additional information, such as your driver’s license number. Cannabis grown on private property that doesn’t belong to an adult user, patient, or caregiver requires written consent from the property owner.

The Bottom Line

Marijuana is legal for both medical and recreational use in the state of Maine. Additionally, indoor and outdoor cultivation is legal. However, cannabis cannot to be consumed in public spaces and cannot be transported across state lines. Finally, CBD and other hemp-derived products such as delta-8, delta-10, and HHC are legal for adult use.

If you’re ready to get your Maine medical card, make an appointment with a Leafwell provider today.