Maine Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in Maine?

According to Section 1107-A of the Maine Revised Statutes, persons are guilty of marijuana possession offenses if they knowingly carry marijuana products unlawfully. Section 1107-A(1)(F) of the Maine Revised Statutes outlines the state's penalties for marijuana possession offenses. The Maine Medical Use of Marijuana Act allows registered medical marijuana patients and caregivers to carry up to 8 pounds of cannabis products legally. Medical marijuana patients and caregivers may also have any amount of cannabis seedlings and up to six mature and twelve immature cannabis plants.

According to Section 1501(1)(B) of the Maine Revised Statutes, adults 21 years or older who use marijuana recreationally can carry up to 2.5 ounces of marijuana products which may include a maximum of 5 grams of cannabis concentrates. Furthermore, Section 1501(1)(E) of the Maine Revised Statutes permits adults to grow, possess, or transport up to 12 immature marijuana plants, three mature cannabis plants, and any number of marijuana seedlings. Maine residents may be charged with cannabis possession if they carry more than the permissible quantities of cannabis products.

Although Maine law allows adults 21 years or older to possess marijuana, persons under 18 years are prohibited from carrying cannabis products except for medical use. According to Section 2383 of the Maine Revised Statutes, residents under 21 years who possess cannabis products unlawfully commit civil violations punishable by $350 to $600 in fines. More hefty fines could be imposed on them if they possess higher quantities of cannabis products (over 1.25 ounces). Cannabis possession offenses in Maine are different from possession with intent to distribute offenses. Marijuana possession with intent to distribute is the act of carrying or transporting marijuana products in order to transfer them to other individuals or entities. The penalties that may be imposed on offenders charged with marijuana possession with intent to distribute are more severe than those for simple possession charges. Before an offender can be convicted of marijuana possession with intent to distribute in Maine, there must be sufficient evidence proving that they had plans to transfer the cannabis products recovered from them to others.

Can You Enter a Dispensary at 18 in Maine?

As stipulated in the Maine Medical Use of Marijuana Act, persons under the age of 18 may use cannabis products for medical purposes. Medical marijuana patients and caregivers registered under the Maine medical use of marijuana program (MMMP) may enter medical marijuana dispensaries at 18 and purchase cannabis products. Minors (persons under 18 years) cannot enter medical marijuana dispensaries in Maine even if they are diagnosed with qualifying medical conditions for marijuana use and registered under the MMMP. Designated primary caregivers must purchase marijuana products on behalf of minors.

Can You Enter a Dispensary Without a Card in Maine?

The Maine Medical Use of Marijuana Act stipulates that medical patients and caregivers must present their registry identification cards on entry into dispensaries. Also, they must show valid government-issued photo identification before buying marijuana products at medical marijuana dispensaries. On the other hand, Maine adults 21 years and older can legally enter recreational cannabis dispensaries without registration cards. However, they must provide valid identification proving they are at least 21 years of age before purchasing cannabis products.

What Are the Penalties for Possession With Intent To Distribute First Offense in Maine?

The Maine Office of Cannabis Policy states that residents on federal property, such as border crossings or national parks, cannot have marijuana products in their possession because marijuana is illegal federally. Federal law imposes serious penalties on offenders charged with marijuana possession with intent to distribute. As stipulated in 21 U.S.C 841, an offender convicted of marijuana possession with intent to distribute could face life imprisonment if the quantity of cannabis products recovered from them weighs 1,000 kilograms or more. Offenders caught with 50 to 99 kilograms of marijuana or 50 to 99 cannabis plants risk facing 20 years imprisonment and up to $1,000,000 in fines if evidence suggests intent to distribute the marijuana products recovered from them. The federal penalties for marijuana possession with intent to distribute are also severe for smaller quantities of cannabis products. Offenders caught with less than 50 cannabis plants or 50 kilograms of marijuana products could face up to five years imprisonment and fines of up to $250,000.

Maine imposes severe penalties for marijuana possession with intent to distribute, but the punishments are milder than those imposed under federal law. The possible penalties for marijuana possession with intent to distribute in Maine vary based on the amounts of cannabis products recovered from offenders. According to Title 17-A of the Maine Revised Statutes, carrying up to 1 pound of cannabis products is a class-D crime punishable by a $2,000 maximum fine and one-year imprisonment. If an offender is caught with over 1 pound but less than 20 pounds of cannabis products, they could face a class-C crime punishment of up to five years imprisonment and a $5,000 fine. The possession of 20 pounds or more of marijuana with intent to distribute is a class-B crime punishable by up to ten years imprisonment and $20,000 in fines. Furthermore, Title 17-A of the Maine Revised Statutes stipulates that carrying up to 20 pounds of cannabis with intent to distribute within 1,000 feet of a school bus or school premises is a class-A crime. An offender could face a 30-year maximum jail term (with four years of the sentence being mandatory) and a $50,000 fine.

Is It Legal To Sell Weed in Maine?

Yes. Marijuana selling is when a person offers cannabis products for money or any other form of payment. The provisions of Section 1501(1)(C) of the Maine Revised Statute make it legal for adults 21 years or older who use marijuana recreationally to transfer up to 2.5 ounces of marijuana products (including a maximum of 5 grams of cannabis concentrates) or six immature cannabis plants to others. The receivers of cannabis products must be 21 years or older, and they must not offer money for such products. Only persons holding valid cannabis business licenses issued by the Office of Cannabis Policy (OCP) under the Maine Department of Administrative and Financial Services (DAFS) are allowed to sell cannabis products in the state. Per Section 2428(A) of the Maine Revised Statutes, medical marijuana dispensaries in the state cannot sell over 2.5 ounces of cannabis products to qualifying patients within a 15-day period.

How To Sell to Dispensaries in Maine

The provisions of the Maine Marijuana Legalization Act and the Maine Medical Use of Marijuana Act allow businesses and individuals to sell cannabis supplies to recreational and medical marijuana dispensaries. Although these laws allow residents to grow cannabis plants at home, marijuana product sellers in the state must be licensed by the Maine Department of Administrative and Financial Services (DAFS). According to Title 28-B, Section 102 of the Maine Revised Statutes, recreational marijuana dispensaries may purchase cannabis products from cultivation facilities and product manufacturing facilities for sale to adults 21 years and older. Persons interested in selling cannabis to recreational marijuana dispensaries in the state must have either manufacturing facility licenses or cultivation facility licenses.

According to the provisions of the Maine Medical Use of Marijuana Act, medical cannabis dispensaries may purchase cannabis supplies from registered medical marijuana manufacturing facilities. Per Section 2428 of the Maine Revised Statutes, medical marijuana dispensaries may cultivate their own marijuana plants, transfer the harvested marijuana supplies to manufacturing facilities, and accept marijuana products from them. Medical marijuana facilities cannot buy cannabis supplies from patients cultivating cannabis plants at home. Participating in the legal cannabis industry by selling marijuana supplies to retail establishments gives businesses the opportunity to make significant profits while creating employment for local residents. Also, since legal cannabis sellers ensure that their supplies meet specific health standards, they help residents obtain quality products suitable for human consumption.

How To Get a Distribution License in Maine

The Maine Office of Cannabis Policy (OCP) does not issue marijuana licenses, but individuals and entities may obtain other categories of licenses, such as cultivation licenses and manufacturing licenses from the state. Such licenses will allow them to participate legally in the state's cannabis program. Obtaining a license under Maine's recreational marijuana program generally involves conditional licensure, local authorization, and active licensure. An applicant must first obtain a non-renewable conditional license, which is valid for one year, by completing a conditional license application form. They must also provide all required documents and attach them to their completed forms before submitting them to the Maine Revenue Services. After obtaining a conditional license, an applicant for licensure under Maine's recreational marijuana program must get local authorization from the municipality they intend to establish their facility. With evidence of local approval, applicants can apply for active recreational marijuana facility licensure, which will allow them to begin operations.