Can I buy adult use cannabis?
Yes, provided the transaction occurs within one of Maine's actively licensed adult use cannabis stores.
Maine is home to both a medical cannabis program and an adult use industry. The medical program serves patients, while Maine’s adult use industry services consumers 21 years of age and older. Adult use cannabis and medical cannabis may not be dispensed from the same facility. Unless they have changed their license type or have a separate retail facility, existing caregiver retail stores and medical cannabis dispensaries are limited to selling cannabis and cannabis products to patients with valid medical cannabis credentials in their possession.
See: 28-B M.R.S. §1501(1)(C)
How old do I have to be to consume cannabis and cannabis products?
In order to possess or use non-medical cannabis in Maine, you must be 21 years of age or older.
See: 28-B M.R.S. §1501
Where can I lawfully consume cannabis?
Using cannabis in any form (smoking, eating or vaping) isn’t allowed in public places, including amusement parks, ski resorts, sporting and music venues, state and national parks, campsites, playgrounds, sidewalks and roads, cannabis retail businesses, bars, restaurants and outdoor or rooftop cafes.
So where can you use it? Cannabis use is legal within the confines of private property. Just keep in mind that property owners, landlords, and rental companies can ban the use and possession of cannabis on their premises.
See: 28-B M.R.S. §1501(2)(A)
What are the rules around federal property?
Cannabis is legal under State of Maine law. Federally, it is not legal. If you’re on federal property, such as a national park or a border crossing, you can’t even have it in your possession.
See: 21 U.S.C. § 812
What are the laws on driving and cannabis use?
It is illegal to use cannabis in a vehicle. This goes for both the passenger and the driver.
It is also illegal to drive under the influence of cannabis. You could be charged with an OUI.
See: 28-B M.R.S. §1501(2)(B)(1), 29-A M.R.S. §2411
How much cannabis can I possess?
Adults 21 years of age or older can possess up to 2.5 ounces of a combination of cannabis, cannabis concentrate and cannabis products, including no more than 5 grams of cannabis concentrate.
See: 28-B M.R.S. §1501(1)(B)
How many plants can I grow?
Mainers can grow cannabis for personal use. As many as three mature, 12 immature plants, and an unlimited number of seedlings are allowed per resident 21 years of age or older.
These restrictions do not apply to the cultivation of cannabis for medical use by a qualifying patient, a caregiver, a registered caregiver or a registered dispensary as authorized by the Maine Medical Use of Marijuana Act.
See: 28-B M.R.S. §1502(1)
What are some of the rules related to growing cannabis for personal use?
First, keep it out of sight. An adult who chooses to grow plants for personal use must make sure their cannabis is not visible from a public way without the use of binoculars or other visual aid.
See: 28-B M.R.S. §1502(2)(A)
Second, make sure it’s locked up. An adult who chooses to grow their own plants must take reasonable precautions to prevent unauthorized access by individuals under the age of 21.
See: Id. §1502(2)(B)
Finally, make sure the ownership of the plants is clear to law enforcement that may come across them. If you’re growing cannabis for personal use, the plant(s) must be tagged with a legible label that includes your name, driver’s license or state identification card number, and a notation that the plant(s) are being grown as authorized by law.
Connor S. Sample, Jr.
Personal Adult Use: Title 28-B, Section 1502
See: Id. §1502(2)(C)
If the parcel or tract of land you are growing on is owned by someone else, you must have their written permission to grow and care for your plants and include the landowners name on each plant’s label.
See: 28-B M.R.S. §1502(1)(C) and (2)(C)
Who can buy medical cannabis?
Only medical patients can buy medical cannabis in Maine. Individuals who have received a patient certification from a medical professional may legally access medical cannabis from a registered caregiver or dispensary. Cards are available to Maine residents only.
Patients visiting Maine from another state may be able to purchase medical cannabis from a registered caregiver or dispensary if they have valid patient identification credentials (like a registry or patient identification card) and their state of residence allows them to use their state-issued credential to purchase medical cannabis in Maine.
See: 22 M.R.S. §2423-A, Id. §2423-C, Id. §2425-A; Maine Medical Use Marijuana Program
What is the difference between a dispensary and a caregiver retail store?
Until recently, dispensaries were required to by nonprofit entities and there was only one per Maine Department of Health and Human Services Public Health District. At present, the most notable difference is that dispensaries can grow an unlimited number of cannabis plants.
How much does it cost to obtain a patient certification?
The cost for a patient certification depends on the medical provider conducting the examination and issuing the certification.
The Maine Medical Use of Marijuana Program provides patient cards to registered providers. In order to ensure patient access to the program, the State of Maine has never charged medical providers for the cards they provide to qualifying patients.If an individual is interested in obtaining a medical card, they may wish to have those discussions with their primary care physician or other trusted medical provider. They may find in doing so that they are able to obtain a card at little to no cost to them.
Are temporary/digital/electronic patient certifications valid?
No. Temporary and/or digital medical cannabis patient cards or certifications are not an acceptable form of identification for the purposes of obtaining cannabis for medical use in Maine.
To be a qualifying patient in Maine's program, among other things, an individual must possess "a valid written certification..." A written certification is only valid if it is "a document on tamper-resistant paper signed by a medical provider...". These requirements are written into law and aim to preserve the integrity of the medical cannabis program by reducing the possibility of altering and tampering with valid medical certifications.
The Office of Cannabis Policy provides medical providers with tamper-resistant patient certification paper at no cost.
Where can I find statistical information on the medical program?
What do I need to apply for or renew a registry identification card (caregiver, caregiver assistant, dispensary employee, etc.)?
Complete and submit the appropriate medical use application(s). Supplemental instructions can be found for the following:
Among other things, you will need to provide a copy of your Maine-issued driver’s license or identification card as proof of residency. Please review all materials for completeness prior to submission to ensure their timely consideration and processing.
How long does it take to get my caregiver card?
Current law requires the Department to approve or deny an initial application or a renewal within 30 days of receipt. In the case of an approval, a registry identification card must be issued within five days of approval.
The average time frame to approve an application is currently one month.
See: 22 M.R.S. §2425-A
How much do caregiver cards cost?
The cost for a registry identification card varies depending on the number of plants being grown. At most, a registered caregiver may grow 30 mature plants or 500 square feet of mature plant canopy and 60 immature cannabis plants. The application fee for a canopy caregiver is $1,500.
Applications fees corresponding to total plant count with fees growing incrementally by $240.
|Mature Plants||Immature Plants||Fee|
See: 22 M.R.S. §2425-A, 10-144 C.M.R. ch. 122, § 8(C)(1)
Where can I find information on which states authorize their residents to use their medical cannabis credential while visiting Maine?
OCP’s guidance on visiting patients and a list of approved states can be found here: https://www.maine.gov/dafs/ocp/medical-use/certification-process/visiting-patients.
Can I conduct sales to a visiting patient who presents a medical cannabis credential and a form of identification from two different states?
No. A visiting medical cannabis patient must possess photographic identification or a driver's license from the same jurisdiction as their valid medical cannabis credential.
See: 22 M.R.S. §2423-D.
Has there been a change in the law governing how I can cultivate cannabis for qualifying patients?
As of April 26, 2022, PL 2021, ch. 662, An Act To Update and Clarify the Maine Medical Use of Marijuana Act, has been in effect. That law made changes to the definition of “cultivation area” and created definitions for “immature plant canopy” and “mature plant canopy”. These new definitions were integrated into the authorized conduct for registered caregivers detailed in 22 MRS § 2423-A(3)(B) and limited for dispensaries as detailed in 22 MRS § 2428(6)(I).
What is the definition of cultivation area?
22 MRS § 2422(3) defines cultivation area as “an indoor or outdoor area used for cultivation of mature marijuana plants, immature marijuana plants or seedlings in accordance with this chapter that is enclosed and equipped with locks or other security devices that permit access only by a person authorized to have access to the area under this chapter. A cultivation area may include multiple indoor or outdoor areas, whether contiguous or noncontiguous, on the same parcel or tract of land.”
I'm a caregiver. How many cultivation areas may I maintain?
Per 22 MRS § 2423-A(3)(B), a registered caregiver may maintain up to two cultivation areas – one for mature plant canopy cultivation, and another for the cultivation of immature plant canopy. The location of the registered caregiver’s cultivation areas for immature and mature plant canopy must be disclosed to the department on the caregiver’s application for, or renewal of, a caregiver registry identification card. In accordance with the changes implemented by PL 2021, ch. 662, a registered caregiver may maintain up to two cultivation areas, one for the cultivation of up to 60 immature cannabis plants or up to 1000 square feet of immature plant canopy and a second for the cultivation of up to 30 mature cannabis plants or up to 500 square feet of mature plant canopy.
How many cultivation areas may a dispensary maintain?
In accordance with 22 MRS § 2428(6)(I), registered dispensaries may maintain only one cultivation area, at a location disclosed to the department on the dispensary’s application for, or renewal of, a dispensary registration certificate. Registered dispensaries may cultivate all immature and mature cannabis plants required for the registered dispensary to assist qualifying patients.
Can I use cannabis if I am on probation?
For individuals on probation, there are rules and restrictions for cannabis that must be followed. Contact a probation officer to find out more.
Does Maine track and trace (seed-to-sale) cannabis products?
Maine requires the tracking and tracing of cannabis and cannabis products in our adult use program. OCP is in the process of deploying a software solution with Metrc to allow licensees and registrants to enter their information.
Can I travel outside of Maine with cannabis?
It's illegal to leave Maine with any cannabis products—medical or recreational. Do not cross state lines or approach border crossing with cannabis in your possession. Mailing cannabis from Maine is also illegal.
See: 21 U.S.C. § 812, CBP Statement on Canada's Legalization of Marijuana and Crossing the Border
Why does OCP use the term 'cannabis' instead of 'marijuana'?
Cannabis is the legal term used in Maine law to describe the product and establishments we regulate and license.