It is legal to cultivate cannabis for medical and adult use in Kennebec County. The State of Maine’s Medical Marijuana Act and its amendments legalized the use of medical cannabis in 2010. In 2016, the Marijuana Legalization Act allowed the adult use of cannabis by people aged at least 21. This was expanded in 2018 into Title 28-B: Adult-Use Cannabis in the Maine Revised Statutes (MRS). The Office of Cannabis Policy (OCP) regulates and licenses medical and adult-use cannabis in the state.
The non-profit medical cannabis dispensary registration certificate is the only license issued by the OCP for medical cannabis businesses. The license authorizes the cultivation of medical cannabis crops, manufacturing of medical cannabis products, and retail selling and delivery of medical cannabis and medical cannabis products to certified patients of the Maine Medical Use of Cannabis Program (MMCP) and their caregivers.
In the application process, the Dispensary Local Authorization Form must be submitted. This must include the municipality’s approval for the type of medical cannabis business activity to be undertaken in the locality. It must also confirm that the proposed facility is separated from a school by at least 500 feet, as required by the amended Medical Marijuana Act.
Certified patients in Kennebec County and their caregivers are allowed by MRS Title 22 Chapter 558-C §2423-A to grow medical cannabis only for personal use. A patient may grow only up to 12 immature and six mature medical cannabis plants. A caregiver cultivating medical cannabis for up to five patients may choose to grow them in just one of the following manners:
The medical cannabis personal cultivation area must be accessible only to the certified patient or caregiver.
For adult-use cannabis businesses, MRS Title 28-B also gave municipalities the authority to opt out. In Kennebec County, three out of four cities and four out of 24 towns opted into adult-use cannabis businesses.
The following municipalities of the county opted into adult-use cannabis cultivation, manufacturing, retail, and testing businesses:
The following towns only approved certain types of adult-use cannabis businesses:
Online applications are accepted for the OCP’s adult-use cannabis cultivation facility license. There is a three-step application process, comprised of getting a conditional license that is valid for a year, getting municipal authorization, and getting the active license which is also valid for a year.
The Adult-Use Cannabis Program Rule allows both indoor and outdoor cultivation of adult-use cannabis. Indoor cultivation must be done within a fully enclosed building that is secure. Outdoor cultivation must be protected by commercial-grade fencing and a lockable gate, both six feet in height. All adult-use cannabis cultivation must be hidden from the public. Adequate lighting must illuminate a perimeter of at least 10 feet around any facility entrance.
The personal cultivation of adult-use cannabis by residents of Kennebec County aged at least 21 is allowed by MRS Title 28-B Chapter 3. A municipality is not allowed to ban it or charge a fee for it.
A qualified individual may grow a maximum of 12 immature and three mature cannabis plants, with an unlimited number of seedlings. The cultivation may be done in the qualified grower’s home or any other property owned by the grower. Before cultivation can be done on a property not owned by the qualified grower, the property owner’s agreement must be acquired in writing.
Personal cultivation areas for adult-use cannabis must also be hidden from the public. They must not be accessible to people below the age of 21. Every cannabis plant must have a tag indicating that it is for personal use and containing the qualified grower’s name and valid ID number, as well as the property owner’s name in cases where the property is not owned by the grower.
It is legal to manufacture medical and adult-use cannabis products in Kennebec County in accordance with the amended Medical Marijuana Act and MRS Title 28-B of the State of Maine.
The OCP’s non-profit medical cannabis dispensary registration certificate discussed earlier is required to manufacture medical cannabis products, and only in municipalities that allow it. The adult-use cannabis manufacturing facility license from the OCP is required to manufacture adult-use cannabis products, also only in municipalities that have opted in to having adult-use cannabis manufacturing businesses.
For edible adult-use cannabis products, licensed manufacturers are required to ensure that the tetrahydrocannabinol (THC) content of one serving does not exceed 10 milligrams. A package of edible adult-use cannabis products may contain only a maximum of 10 servings.
It is legal to sell medical and adult-use cannabis and their products by retail in Kennebec County as stipulated by the State of Maine’s amended Medical Marijuana Act and MRS Title 28-B. Medical cannabis and medical cannabis products may only be sold to certified patients and their caregivers, while adult-use cannabis and adult-use cannabis products may only be sold to people aged at least 21. Visitors from other approved states are also allowed to use their valid medical cannabis cards to purchase medical cannabis and medical cannabis products from licensed dispensaries in the State of Maine.
Medical cannabis and medical cannabis products may only be sold by medical cannabis dispensary registration certificate holders, as mentioned earlier, in municipalities that allow it. They are allowed to sell usable cannabis of only up to 2.5 ounces every 15 days to each certified patient or caregiver, excluding any ingredients added to manufacture edible medical cannabis. Usable medical cannabis is defined by the amended Medical Marijuana Act as medical cannabis plants parts and flowers. Additionally, medical cannabis dispensary registration certificate holders may sell medical cannabis supplies and related educational materials.
Adult-use cannabis and adult-use cannabis products may only be sold by holders of the OCP adult-use cannabis retail store license, and only in municipalities that allow such retail stores. An adult-use cannabis retail store is not allowed to share premises with a medical cannabis dispensary.
Licensed adult-use cannabis retail facilities are required to ask for a purchaser’s valid photo ID to verify their age and identity. Licensed retailers are allowed to sell adult-use cannabis plant parts, immature cannabis plants, cannabis seedlings, cannabis seeds, cannabis concentrates, and adult-use cannabis products such as edible goods, beverages, topical preparations, tablets, tinctures, and others. Moreover, they may sell paraphernalia for using cannabis, non-consumable cannabis-related items, and food items not containing any cannabis.
Following are the purchase limits for consumers aged at least 21 At each transaction:
It is legal to deliver medical and adult-use cannabis and their products in Kennebec County under the amended Medical Marijuana Act and MRS Title 28-B of the State of Maine.
Holders of the OCP non-profit medical cannabis dispensary registration certificate are authorized to deliver to certified patients and their caregivers the medical cannabis and medical cannabis products purchased.
Holders of the OCP adult-use cannabis retail store license are authorized to deliver to consumers aged at least 21 the adult-use cannabis, adult-use cannabis products, and adult-use cannabis paraphernalia purchased, with the same purchase limits as in-store purchases. Licensed retailers must verify the purchaser’s age through a valid photo ID. Deliveries must be made to a residential address that is not within a municipal safe zone. Municipalities that have opted out of having licensed adult-use cannabis retail stores are not allowed to ban licensed adult-use cannabis deliveries to their residents.
Patients residing in Kennebec County can get a medical cannabis certification card from a health provider registered with the MMCP after being diagnosed with one of the following ailments:
A health provider must have been licensed by the State of Maine’s Board of Licensure in Medicine, Board of Osteopathic Licensure, or Board of Nursing.
A patient younger than 18 needs to have a caregiver who is the patient’s parent or legal guardian. MRS Title 22 Chapter 558-C §2423-A does not require a caregiver to register with the MMCP if the caregiver lives in the same household as the patient. Meanwhile, an adult patient who needs help may also name a caregiver. In this instance, the caregiver must apply for a registry identification card online.
The Office of Cannabis Policy may be reached through the following:
162 State House Station
Augusta, ME 04333
Phone: (207) 287-3282
Fax: (207) 287-2671
The State of Maine levies a sales tax of 10% on every purchase of adult-use cannabis and adult-use cannabis products. The state also applies excise taxes on adult-use cannabis cultivators, as follows:
Cannabis flowers sold | $335 for every pound and a fraction of a pound sold to other licensed adult-use cannabis facilities |
Cannabis trims sold | $94 for every pound and a fraction of a pound sold to other licensed adult-use cannabis facilities |
Immature cannabis plants and seedlings sold | $1.50 for every piece sold to other licensed adult-use cannabis facilities |
Mature cannabis plants sold | $35 for every piece sold to other licensed adult-use cannabis facilities |
Cannabis seeds sold | $0.30 for every seed sold to other licensed adult-use cannabis facilities |
Mature cannabis plants and seeds purchased | $35 for every mature cannabis plant and $0.30 for every cannabis seed purchased from a licensed retailer or registered caregiver |
For holders of multiple licenses, the same taxes apply even to sales of their adult-use cannabis cultivation facilities to the other adult-use cannabis facilities they own.
The 2022 Annual Report of the Adult Use Cannabis Program stated that in that calendar year, state revenues from adult-use cannabis totaled $28.75 million, broken down as follows:
Sales Taxes | $17,463,328 |
Excise Taxes | $9,886,333 |
Adult-Use Cannabis Business Application Fees | $73,170 |
Adult-Use Cannabis Business License Fees | $1,143,070 |
Medical Cannabis Card Fees for caregivers, business owners, employees, and officers | $184,946 |
Medical cannabis was legalized in Kennebec County in 2010, and adult-use cannabis was legalized in 2016.
Data sent by the Kennebec County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2009, a year before the legalization of medical cannabis, there were 15 marijuana possession arrests and 20 marijuana sales arrests, totaling 35 marijuana offense arrests.
In 2011, a year after the legalization of medical cannabis, there were 17 marijuana possession arrests and 18 marijuana sales arrests, totaling 35 marijuana offense arrests.
In 2017, a year after the legalization of adult-use cannabis, there were 11 marijuana possession arrests and one marijuana sales arrest, totaling 12 marijuana offense arrests.
In 2021, the latest data showed two marijuana possession arrests, comprising all marijuana offense arrests.
In those years, the number of DUI arrests was as follows: