Yes, it is legal to cultivate marijuana in Cumberland County. The recreational use, taxation, and retail sale of marijuana were approved by Maine voters in November 2016, while medical marijuana was approved in 1999.
Cannabis can be grown for personal use by Maine residents. Each resident 21 years of age or older may have up to 12 immature plants, three mature plants, and an unlimited number of seedlings. However, the Maine Medical Use of Marijuana Act permits qualifying patients, caregivers, registered caregivers, and licensed dispensaries to grow cannabis for medical purposes without these limitations.
The act also defines "cultivation area" as any enclosed space, whether indoors or outdoors, that is used for the cultivation of mature and immature cannabis plants or seedlings that are secured by locks or other security equipment that only allow access by authorized persons. A cultivation area may consist of a number of adjacent or non-adjacent indoor or outdoor spaces on the same parcel of land.
An individual who cultivates marijuana for personal adult use must:
Make sure that the marijuana is not visible from a public setting without the use of binoculars, aircraft, or any other optical aids;
Take appropriate precautions to avoid unauthorized access by an individual below 21 years of age;
Attach to each mature or immature cannabis plant a readable tag that includes the grower's name, driver's license number, or ID number and a note that says the cannabis is cultivated for personal adult use;
Follow all applicable local regulations
For cultivation facilities, there are five types of licenses:
An unlimited number of immature cannabis seedlings and plants and a maximum of 30 mature cannabis; or
A maximum of 500 square feet of plant canopy
Tier 2 cultivation facility license allows the cultivation of a maximum of 2,000 square feet of plant canopy
Tier 3 cultivation facility license allows the cultivation of a maximum of 7,000 square feet of plant canopy
Tier 4 cultivation facility license allows the cultivation of a maximum of 20,000 square feet of plant canopy
Nursery cultivation facility license allows the cultivation of a maximum of 1,000 square feet of plant canopy
According to Title 28-B, otherwise known as the "Cannabis Legalization Act," the applicant for a cultivation facility must provide an operating plan outlining the proposed size and floor plan of the cultivation facility, plans for providing water, electricity, and other utilities required for the operation of the cultivation facility, plans for waste disposal and wastewater for the cultivation facility, plans for safeguarding the proposed facility, and other plans for complying with applicable federal and state environmental requirements.
The manufacture of cannabis is legal in Cumberland County. A products manufacturing facility licensee who is also a registered caregiver or a registered dispensary may manufacture adult-use cannabis in the same facility where the licensee also manufactures cannabis for medical use.
A products manufacturing facility licensee is allowed to manufacture cannabis concentrate by extracting cannabis with water, gases, solvents, lipids, or other chemicals or chemical processes.
Adult-use cannabis must be packaged in an opaque, child-resistant, and tamper-evident package at the point of sale to a consumer.
Pursuant to Subchapter 7 of the Cannabis Legalization Act, adult-use cannabis for sale must not:
Be packaged or labeled in a way that violates federal trademark laws or regulations or that could lead a consumer to believe that the cannabis in question is a trademarked one;
It must not be packaged or labeled in a way that is intended to appeal in particular to those under 21;
Be sold using a packaging or label that portrays a person, an animal, or a fruit;
Be labeled or packaged in a way that conceals identifying information on the label or utilizes a false or deceptive label
A licensee is required to keep a comprehensive set of all records pertaining to their business dealings, which must be accessible to the Department of Administrative and Financial Services Office of Cannabis Policy for inspection and examination on demand and without prior notice throughout all work hours. A licensee is required to keep records for at least the current tax year and the five tax years prior and is prohibited from hiring anyone under the age of 21. Furthermore, an individual under the age of 21 is not authorized to enter the licensed premises of cannabis establishments.
A licensee must make sure that all points of entry and exit from limited access areas on its licensed premises are clearly marked, and no one is allowed to enter or stay in a limited access area without showing a department-issued individual identification card.
Yes. The Cannabis Legalization Act defines "cannabis product" as an edible cannabis product, a tincture, and an ointment.
Pursuant to Subchapter 5 of the Act, a cannabis retail store is allowed to sell the following items:
Adult-use cannabis, cannabis paraphernalia, and cannabis-related products
Immature cannabis seedlings and plants
Consumable products without cannabis, such as sodas, candies, and baked goods;
Any other non-consumable items, such as clothing and cannabis-related items.
To acquire cannabis from a retailer, a person must be at least 21 years old. An employee of the cannabis store licensee must confirm that the customer has a valid government-issued photo identification card, or another form of approved photographic identification, proving that the customer is 21 years of age or older before conducting a sale in a cannabis store.
A licensee may permit a qualifying patient employee to privately consume cannabis for medical purposes on licensed premises but prohibits an employee from using adult-use cannabis on its property or while the employee is performing tasks related to their job. An individual is not allowed to consume adult-use cannabis on a cannabis establishment's premises.
A cannabis store licensee is required to keep track of all adult-use cannabis from the time that a cultivation facility or a product manufacturing facility delivers or transfers them to the cannabis store until the time that they are sold to a consumer, delivered or forwarded to a testing facility, or discarded, or destroyed.
A person who is 21 years old or above may only consume cannabis if they are either:
In a private residence, including the grounds; or
On private property that is not generally accessible to the public and where the owner has given permission to do so.
A person who is 21 years old or above is prohibited from consuming adult-use cannabis:
If the person drives a vehicle on a public way or is a passenger in the vehicle
On private property used as a daycare or babysitting service during the times the home or property is being utilized as a daycare or babysitting area
By smoking cannabis in a designated smoking area
By smoking cannabis in a public location where smoking is forbidden
A person who violates the above provision commits a civil offense for which a fine of up to $100 may be imposed in addition to any criminal or civil penalties imposed under other applicable laws or rules.
Moreover, patients who have obtained patient certification from a medical practitioner are legally permitted to obtain medical marijuana from a caregiver or dispensary. Only residents of Maine are eligible for cards.
Patients from other states who are traveling to Maine may be able to buy medical marijuana from a licensed caregiver or dispensary if they possess valid patient identification documents (such as a registry card or patient identification card) and their home state permits them to use those documents to buy marijuana in Maine.
Yes. Pursuant to Subchapter 5 of the Cannabis Legalization Act, a cannabis store may run a limited delivery service for the delivery of immature cannabis plants, seedlings, and adult-use cannabis to persons aged 21 and above. Cannabis can also be delivered to the residences of patients with medical marijuana ID cards.
In addition, Subchapter 5 states that a cannabis store may permit a curbside pickup of immature cannabis plants, seedlings, or adult-use cannabis and must designate a pickup area outside the store and near the entrance and specifically identify the location in the manner provided by the department.
To become a licensed Cumberland County medical cannabis patient, submit the following requirements:
A doctor's certification in writing
Payment for renewal or applications;
Date of birth, address, and name of the qualifying patient, with the exception of individuals who are homeless, then no need for an address;
Physician's name, address, and phone number;
Name, residence, and birthdate of qualifying patient's primary caregiver. A qualifying patient may choose only one primary caregiver unless the patient is younger than 18 and needs a parent to act in that capacity, the patient chooses a nonprofit dispensary to grow marijuana for the patient's medicinal use, and the patient asks for help from a second caregiver to help with the patient's medical use;
If the eligible patient names one or two primary caregivers, those people will be authorized by state law to grow cannabis plants for the qualifying patient's medical use. Only one person may produce marijuana plants on behalf of an eligible patient.
The department may not provide a registry identification card to an eligible patient under the age of 18 unless the following conditions are met:
A. The qualified patient's doctor has described the possible risks and advantages of medical marijuana usage between a qualified patient and a parent, guardian, or another adult with custody of the qualified patient; and
B. The guardian, parent, or person with custody agrees in writing to:
Permit the qualified patient to use marijuana for medical purposes;
Act as a primary caregiver for a qualified patient; and
Regulate the use of marijuana for medical purposes, including the dosage and frequency of usage by the qualified patient of marijuana.
Patients who have been diagnosed with one of the following conditions are eligible to acquire a medical marijuana card in Maine:
Amyotrophic lateral sclerosis
Agitation of Alzheimer's disease
Positive status for HIV or Acquired Immune Deficiency Syndrome
Nail-patella syndrome or the treatment of this condition
A persistent or debilitating illness, condition, or its treatment that causes intractable pain—pain that has persisted despite standard medical or surgical treatment for longer than six months
A chronic illness, medical condition, or its treatment that causes one or more of the following symptoms: seizures, including but not limited to those that are epileptic seizures, severe nausea, cachexia or wasting syndrome, and severe and persistent muscle spasms, including multiple sclerosis
The department must distribute registry identification cards to eligible patients and primary caregivers within five days of granting an application or renewal. Cards used for the registry have a one-year expiration date.
For more details, you may contact:
Office of Cannabis Policy
Department of Administrative and Financial Services
162 State House Station
Augusta, ME 04333-0162
Tel: (207) 287-3282
Medical marijuana in Maine is subject to a 5.5% general sales tax rate at retail but not subject to excise tax. In addition, medical marijuana edibles are taxable at 8%.
Meanwhile, adult-use marijuana is subject to a 10% sales tax rate at retail, while excise tax is taxable on the quantity or weight of the product as follows:
|Taxable Item||Tax Rate|
|Mature marijuana plant||$35/plant|
|Immature plant or seedling||$1.50/plant or seedling|
As of the 2021 report by the Office of Marijuana Policy, medical marijuana revenues from 2019 to 2020 and 2021 dramatically increased from around $2.6 million to $3.9 million and $ 6.5 million, respectively.
The Office projects a significant rise in programmatic costs in the coming years, particularly due to the addition of people registered to the medical marijuana program.
The Office of Marijuana Policy's report of adult-use marijuana revenues from 2019 to 2020 and 2021 showed a huge increase from $49 thousand to $1.5 million and $13.4 million. The Office of Marijuana Policy started taking applications for Individual Identification Cards on November 4, 2019, and they started taking applications for establishment licenses on December 5, 2019. There were no businesses operating in 2019 that may have collected license fees, excise taxes, or sales taxes.
The Cumberland County Sheriff's Office's records from the FBI crime database show that DUI arrests in the county in 2015, 2016, and 2017 showed a varying number of DUI cases, from 155 to 149 and 186, respectively. On the other hand, marijuana arrests in Cumberland County in 2015, 2016, and 2017 also varied from 26 to 43 and 21, respectively.
Take note that Maine legalized adult-use cannabis in 2016.