Maine Marijuana Limitations

What Happens if I am Under 21 and Caught Carrying or Using Cannabis?

In Maine, persons over 21 years can use and possess cannabis and must not necessarily be medical marijuana patients. However, persons below 21 are prohibited from carrying or using the drug except they are medical patients with a valid medical marijuana card. By law, eligible adults can purchase, use, possess, transport (within the state), and share a maximum of 2.5 ounces of cannabis or a combination of marijuana concentrates. Adults can only possess a maximum of 5 grams of recreational cannabis at a time. Generally, most marijuana possession crimes in Maine are civil infractions punishable by fines alone. Persons under 21 caught carrying cannabis or using it risk the following punishments:

  • Minors caught transporting marijuana in a vehicle can be indicted for a civil violation, punishable by a maximum fine of $500. Second-time offenders must pay a fine of at least $200. Minors caught transporting cannabis after the second-time violation face a minimum fine of $400. They also risk suspension of driver's license if caught transporting weed as follows:

  • 30 days suspension for the initial offense

  • 90 days suspension for the second offense

  • One year for subsequent offenses

  • Cannabis possession by persons below 21 years attracts a minimum fine of $350 and a maximum of $600 for possession of 1.25 ounces of marijuana or less.

  • Possession of between 1.25 to 2.5 ounces of cannabis by a minor attracts a minimum fine of $700 and a maximum of $1,000.

Where is it Legal to Smoke Weed in Maine?

In Maine, there are restrictions to the smoking of weed in several places. Despite cannabis legalization, Maine residents cannot smoke weed on federal property in the state. This is because of the federal ban on marijuana. Also, it is unlawful to smoke weed on preschool, primary, or secondary school grounds or a school bus. The prohibition of smoking weed on school grounds extends to 1,000 feet away from the school. Mainers are also prohibited from smoking weed on the premises of correctional facilities, on any public transportation system, or in restaurants. The state prohibits operating vehicles, aircraft, motorboats, or any automobile while under the influence of weed. These smoking limitations apply whether or not a person is a recreational or medical user.

Mainers can smoke weed in private residences (unless designed for babysitting purposes). Marijuana smoking is allowed in religious gatherings where marijuana smoking is part of the ceremony. Maine residents may also smoke cannabis in enclosed theatres if the smoking act is part of the performance. Also, if an enclosed public area is not open to the public for some time, cannabis can be smoked there. However, space has to be closed to the public for a minimum of an hour. Violation of these smoking limitations can attract a $50 fine.

Can I Leave Maine with Cannabis?

No. Maine's law that permits the transportation and use of cannabis does not apply in other states, and cannabis is prohibited under federal law. Consequently, transporting cannabis outside the state is a federal crime. The federal ban on cannabis applies to both medical and recreational use. If medical patients intend to travel outside the state, they cannot leave with their medication. However, if the destination state permits medical marijuana, they can use their medical marijuana cards to refill their prescriptions. Medical patients should always acquaint themselves with the laws regulating cannabis in destination states before deciding on their trips.

Will Cannabis Affect My Driving Record in Maine?

Yes. In Maine, drivers can be prosecuted on Operating Under the Influence (OUI) charges if law enforcement suspects there is cannabis in their blood while driving. Typically, individuals arrested for OUI of marijuana face penalties depending on whether or not they have previous OUI convictions. The courts can also order the suspension of their licenses as stipulated in Title-29A Section 1411 of the Maine Statutes. The penalties for OUI violations can be jail time lasting between 48 hours to six months, fines of between $500 to $2,500, or license suspension for up to 8 years. These penalties end up impacting a person's driving record.

Can I Get a DUI if I Drive While I am High?

Yes. In the State of Maine, drivers can get charged for Operating Under the Influence (OUI) if they drive under the influence of cannabis. Delta-9-tetrahydrocannabinol (THC), a component in marijuana, can affect a person's ability to drive. Title 29-A Section 2411 of Maine Statute classifies driving under the influence of alcohol and other intoxicating substances (including marijuana) as a crime. Chemical tests are not mandatory. However, if a driver suspected to be intoxicated refuses a test as ordered by an officer, they can still be punished on OUI charges. Law enforcement typically orders the test based on the road user's driving pattern, cannabis or paraphernalia possession, or statements. The penalties for OUI violations in Maine are as follows:

  • A minimum fine of $500 for persons with no prior OUI records during a ten-year review period. However, the minimum fine for such offenders is $600 if they refuse to comply with a drug test request by law enforcement. They also risk a 150-day suspension of their driving licenses and possible jail time of at least 48 hours or 96 hours (if they do not agree to a drug test).
  • For second-time offenders (within ten years of previous offense), the penalty is a fine of at least $700 or $900 if the offender refuses a drug test. They can also face jail time of at least seven days or a three-year license suspension.
  • Third-time OUI offenders (within 10 years) face fines of at least $1,100, thirty-day incarceration, or a six-year suspension of their drivers' licenses.
  • If an offender has three previous OUI convictions within a ten-year time frame, they risk at least six months imprisonment or a license suspension for up to eight years. The court may also suspend their rights to register motor vehicles. An offender may be asked to pay a minimum fine of $2,100.

Can I Buy Marijuana in Maine?

Yes, Maine residents can legally purchase cannabis at any registered dispensary. However, buyers must be at least 21 years old and present a valid photo identification bearing their age. Although younger medical patients (below 21 years) can use medical marijuana, they cannot buy the drug themselves if they are under 18 years. In such an instance, a caregiver can buy marijuana on their behalf. Medical marijuana patients must show their medical cannabis cards at the dispensaries to buy cannabis in Maine.

Where Can I Buy Marijuana in Maine?

In Maine, adults up to 21 years can purchase both recreational and medical cannabis from licensed dispensaries. Eligible adults can buy cannabis at any recreational dispensary but must show their valid government-Issued photo identification. Medical users must present their medical marijuana cards at any medical dispensary in the state to purchase the drug. Worthy of note is that recreational users cannot buy cannabis at medical dispensaries.

How Much is Marijuana in Maine?

The cost of cannabis in Maine differs by county. Typically, weed is sold by weight, and the price depends on its quality. Medical marijuana is often cheaper than recreational marijuana. For instance, the average amount of an ounce of standard medium-grade weed is $290. By contrast, the price (per ounce) of a similar quality of recreational cannabis is $440. High-quality weed usually costs around $14 per gram, while medium-quality weed costs between $11 to $14. The price range of low-quality weed in Maine is between $8 to $9.

How Much Cannabis Can I Legally Have?

Maine's Marijuana Legalization Act stipulates that adults who are 21 years and older can possess a maximum of 2.5 ounces or 5 grams of processed marijuana. Also, eligible adults can cultivate and possess up to twelve immature plants, six flowering marijuana plants, and any quantity of seedlings. They can also buy up to twelve immature cannabis plants or twelve seedlings from retail cultivation facilities in the state. Medical patients who have medical marijuana cards in Maine are allowed to possess up to 8 pounds of harvested marijuana. They or their caregivers can also grow twelve immature plants, six mature cannabis plants, and any quantity of seedlings.

Where Is Weed Legal?

State Legal Status Medicinal Recreational
Alabama Criminalized No No
Alaska Decriminalized Yes Yes
Arizona Decriminalized Yes Yes
Arkansas Partly Decriminalized Yes No
Colorado Decriminalized Yes Yes
Connecticut Partly Decriminalized Yes Yes
Delaware Partly Decriminalized Yes Yes
District of Columbia Decriminalized Yes Yes
Florida Partly Decriminalized Yes No
Georgia Partly Decriminalized Accepts only CBD Oil No
Hawaii Partly Decriminalized Yes Yes
Idaho Decriminalized No No
Illinois Decriminalized Yes Yes
Indiana Partly Decriminalized Accepts only CBD Oil No
Iowa Partly Decriminalized Accepts only CBD Oil No
Kansas Decriminalized No No
Kentucky Partly Decriminalized Accepts only CBD Oil No
Louisiana Partly Decriminalized Yes No
Maine Decriminalized Yes Yes
Maryland Partly Decriminalized Yes Yes
Massachusetts Decriminalized Yes Yes
Michigan Decriminalized Yes Yes
Minnesota Partly Decriminalized Yes Yes
Mississippi Partly Decriminalized Yes Yes
Missouri Partly Decriminalized Yes Yes
Montana Decriminalized Yes Yes
Nebraska Decriminalized No Yes
Nevada Decriminalized Yes Yes
New Hampshire Partly Decriminalized Yes Yes
New Jersey Decriminalized Yes Yes
New Mexico Partly Decriminalized Yes Yes
New York Decriminalized Yes Yes
North Carolina Decriminalized No Yes
North Dakota Partly Decriminalized Yes Yes
Ohio Partly Decriminalized Yes Yes
Oklahoma Partly Decriminalized Yes No
Oregon Decriminalized Yes Yes
Pennsylvania Partly Decriminalized Yes No
Rhode Island Partly Decriminalized Yes Yes
South Carolina Decriminalized No No
South Dakota Decriminalized Yes Yes
Tennessee Decriminalized No No
Texas Partly Decriminalized Accepts only CBD Oil No
Utah Partly Decriminalized Yes No
Vermont Decriminalized Yes Yes
Virginia Partly Decriminalized Accepts only CBD Oil Yes
Washington Decriminalized Yes Yes
West Virginia Partly Decriminalized Yes No
Wisconsin Partly Decriminalized Accepts only CBD Oil No
Wyoming Decriminalized No No
In this section:
Maine Marijuana Limitations