Maine Cannabis Laws

Maine legalized recreational cannabis in 2016, allowing adults aged 21 and older to purchase, possess, and use marijuana. The state’s cannabis program, overseen by the Office of Marijuana Policy, requires businesses to adhere to strict packaging, labeling, and advertising regulations. Medical marijuana is also available for qualifying patients with specific conditions.

ME Laws at a Glance

Overview

Since the legalization of adult-use cannabis in Maine in 2016, the state has implemented comprehensive regulations to ensure safe and responsible use. Here are the key points you need to know about Maine’s marijuana laws:

  • Medical Marijuana Legalization: Medical marijuana was legalized in 1999 for specific illnesses. The program was expanded in 2009, and possession of up to 2.5 ounces of cannabis was decriminalized.
  • Recreational Marijuana Legalization: Recreational marijuana was legalized in 2016 for adults 21 and older.
  • Oversight: The Office of Marijuana Policy, within the Department of Administrative and Financial Services, is responsible for overseeing cannabis use in Maine.
  • Track and Trace System: Maine uses Metrc as its track and trace system to monitor cannabis from seed to sale.
  • Excise Tax: Commercial marijuana facilities must pay an excise tax of 15% on marijuana sold and transferred from the commercial marijuana cultivation facility.

These laws ensure that cannabis use in Maine is regulated and safe for consumers while supporting a legal market structure.

Licensing

To operate a marijuana establishment in Maine, applicants must meet specific licensing criteria. Here’s what you need to know:

General Licensing Criteria:

  1. Age Requirement: Applicants must be at least 21 years old. If the applicant is a business entity, all officers, directors, managers, and general partners must also be at least 21 years old.
  2. Residency Requirement: Applicants must be residents of Maine. For business entities, a majority of the shares, membership interests, partnership interests, or other equity ownership interests must be held by residents.
  3. Incorporation: Business entities must be incorporated or otherwise formed under the laws of the State of Maine.
  4. Criminal History: Applicants must not have been convicted of a disqualifying drug offense.
  5. Employment Restrictions: Applicants cannot be employees of state agencies or law enforcement officers.
  6. Previous License Revocations: Applicants must not have had a marijuana license, registry identification card, or registration certificate revoked in Maine or any other state.
  7. Outstanding Payments: Applicants must not have any outstanding court-ordered payments, such as fines or attorney fees.
  8. Criminal History Check: Applicants must submit to a criminal history record check.
  9. Honesty in Application: Applicants must complete all application forms truthfully and comply with information requests from the department.

Additional Considerations:

  • Financial Interest Disclosure: Applicants must disclose all direct or indirect financial interests in the applied-for license and any other licenses applied for or issued under this chapter.
  • False Statements: The department will revoke licenses if it determines that the licensee knowingly or recklessly made false statements in their application.
  • Other Convictions and Violations: The department may consider other convictions, tax compliance, and out-of-state marijuana-related violations during the application process.

Licensing Process:

  • Application Submission: Applicants must submit all required documentation and fees as part of their application.
  • Review and Approval: The Office of Marijuana Policy reviews applications to ensure compliance with all regulations.
  • Issuance of License: Upon approval, licenses are issued, allowing the establishment to operate legally within Maine.

These licensing requirements ensure that marijuana establishments in Maine are operated by qualified and compliant individuals and entities, maintaining the integrity and safety of the industry.

Advertising and Signage

Maine has strict regulations regarding the advertising and signage for adult-use marijuana to ensure responsible marketing and to protect minors. Here are the key points:

Prohibited Advertising and Signage Practices:

  1. Misleading Information: Advertising must not be misleading, deceptive, or false.
  2. Targeting Minors: Advertising and marketing cannot be designed to appeal to individuals under 21 years of age or have a high likelihood of reaching this demographic.
  3. Proximity to Schools: Advertisements cannot be placed within 1,000 feet of a pre-existing public or private school. However, local municipalities have the authority to adjust this distance within a range of 500 to 1,000 feet.
  4. Health and Benefit Claims: Advertisements cannot make health or physical benefit claims unless these claims are substantiated and approved.
  5. Internet Advertising: Unsolicited internet advertising, including banner ads on mass-market websites, is prohibited.
  6. Opt-In Advertising: Opt-in advertising must include an easy and permanent opt-out feature.
  7. Location-Based Advertising: Advertising directed toward location-based devices, such as cell phones, is not allowed unless the user is over 21 and has installed the application with a permanent and easy opt-out feature.

Rules for Signs, Advertising, and Marketing:

  1. License Identification: All advertisements must accurately and legibly identify the licensee responsible for its content by including the licensee’s license number.
  2. Truthful Advertising: All advertising must be truthful and appropriately substantiated.
  3. Prohibition on Free Products: Licensees cannot give away any amount of cannabis or cannabis products as part of a promotion.
  4. Billboard Advertising: As of January 2021, all billboard advertising on interstate highways or state highways crossing the Maine border is prohibited.
  5. Proximity Restrictions: Advertising is not allowed within 1,000 feet of daycare centers, schools, playgrounds, or youth centers.

Signage Requirements:

  • Conformity to Rules: All signage used by marijuana establishments must comply with the state’s rules and regulations regarding advertising.
  • Health and Safety Warnings: Signage must include necessary health and safety warnings as required by state regulations.

These regulations ensure that marijuana advertising and signage in Maine are conducted responsibly, protecting public health and minimizing exposure to minors.

Operations

Operating a marijuana store in Maine requires adherence to a detailed set of rules and regulations to ensure compliance and maintain public safety. Here are the main operational requirements:

Authorized Products for Sale:

  1. Adult-use Marijuana: Licensed stores may sell adult-use marijuana and marijuana products.
  2. Marijuana Paraphernalia: Stores can sell marijuana paraphernalia.
  3. Immature Plants and Seedlings: Sales of immature marijuana plants and seedlings are allowed.
  4. Non-marijuana Consumables: Consumable products not containing marijuana, such as sodas, candies, and baked goods, can be sold.
  5. Non-consumable Products: Items like apparel and other marijuana-related products are permitted for sale.

Prohibited Activities:

  1. Giveaways: Stores cannot give away marijuana, marijuana products, mature plants, or consumable products containing tobacco or alcohol.
  2. Exceeding Purchase Limits: Selling amounts exceeding personal adult-use limits is prohibited.
  3. Vending Machines and Drive-throughs: Marijuana products cannot be sold through vending machines or drive-through windows.
  4. Internet-based Sales and Delivery Services: Selling via internet-based platforms or delivery services is not allowed.
  5. Sales to Intoxicated Persons: Stores cannot sell marijuana products to visibly intoxicated individuals.

Compliance and Verification:

  1. Packaging and Labeling: All products must meet packaging, labeling, and health and safety requirements.
  2. Age Verification: Buyers must be 21 years or older. Employees must verify this with a valid government-issued photo ID before completing a sale.
  3. Separation of Sales: Recreational and medical marijuana products cannot be sold in the same facility.
  4. Limited Access Areas: Only authorized personnel can access areas where marijuana products are stored or handled. Contractors must be supervised if they are in these areas.
  5. Record Keeping: Stores must maintain records of all transactions for at least five years and make them available for inspection by regulatory authorities.
  6. Sampling and Testing: Licensees must allow the state to sample and test marijuana products for quality control at any time.

Employee Regulations:

  1. Age Requirement: Employees must be at least 21 years old.
  2. Medical Use: Employees who are qualifying patients may consume medical marijuana on the premises privately.
  3. Recreational Use: Employees cannot use recreational marijuana on the premises or during work hours.

Display and Transportation:

  1. License Display: The store’s license must be conspicuously displayed at all times.
  2. Transportation: Marijuana products can be transported between licensed premises but must be documented and comply with state rules.

These operational guidelines ensure that marijuana stores in Maine function smoothly, maintain high standards of safety and compliance, and provide a controlled environment for the sale of marijuana products.

Purchase Limits

Maine law establishes clear purchase limits for adult-use cannabis to ensure responsible consumption and regulation. Here’s what you need to know:

Authorized Purchase Limits for Adults (21+):

  1. Non-Concentrated Cannabis:
    • Adults can purchase and possess up to 2.5 ounces (71 grams) of non-concentrated cannabis.
  2. Concentrated Cannabis:
    • Within the 2.5-ounce limit, adults can purchase and possess up to 5 grams of concentrated cannabis (e.g., oils, extracts).
  3. Immature Plants and Seedlings:
    • Adults can buy up to 12 immature cannabis plants or seedlings.
  4. Mature Plants:
    • While adults can cultivate up to 3 mature plants for personal use, they cannot purchase mature plants from licensed dispensaries.

Medical Marijuana Purchase Limits:

  1. Medical Marijuana:
    • Qualifying patients can purchase up to 2.5 ounces of prepared marijuana every 15 days.

Transfer Limits:

  1. Non-Remunerated Transfers:
    • Adults can transfer up to 2.5 ounces of cannabis or 2.5 ounces of a combination of cannabis and concentrate (including up to 5 grams of concentrate) to another adult without any form of payment.
    • Adults can also transfer up to 6 immature plants or seedlings without remuneration.

Cultivation Limits:

  1. Home Cultivation:
    • Adults can cultivate up to 3 mature cannabis plants, 12 immature plants, and an unlimited number of seedlings at their residence or the cultivation location.
    • They can possess all the cannabis produced by these plants on their premises.

Other Important Considerations:

  • Cannabis Paraphernalia:
    • Adults can possess, use, and transport cannabis paraphernalia without restrictions.
  • Combination Limits:
    • Purchase limits are based on a combination of cannabis types. Adults cannot exceed the total allowable limit when combining different forms of cannabis (e.g., flower and concentrate).

Understanding these purchase limits is crucial for consumers and dispensaries to ensure compliance with Maine’s cannabis regulations. These limits help promote safe and responsible use while allowing individuals to access the cannabis products they need.

Maine Cannabis Packaging and Labeling Laws

Maine has established specific packaging and labeling requirements for adult-use marijuana and marijuana products to ensure safety and compliance. Here’s what retailers need to know:

Packaging Requirements

  1. Child-Resistant and Tamper-Evident:
    • All marijuana and marijuana products must be packaged in child-resistant and tamper-evident packaging to prevent accidental ingestion and ensure product integrity.
  2. Opaque Packaging:
    • Packaging must be opaque to prevent visibility of the product inside.
  3. Multiserving Liquid Products:
    • These products must include an integral measurement component and a child-resistant cap to control serving sizes and ensure safety.
  4. Final Point of Sale:
    • If products are not pre-packaged, they must be placed in compliant packaging at the final point of sale to the consumer.

Labeling Requirements

  1. License Information:
    • Labels must include the license numbers of the cultivation facility, products manufacturing facility, and marijuana store where the product was cultivated, manufactured, and sold.
  2. Identity Statement and Universal Symbol:
    • An identity statement and the universal symbol must be present on the label.
  3. Health and Safety Warnings:
    • Labels must contain health and safety warning labels as required by the Maine Department of Health and Human Services.
  4. Batch Number and Net Weight:
    • Each product must have a batch number and net weight statement.
  5. Potency Information:
    • Labels must detail the THC and cannabidiol (CBD) potency, including the amount per serving and, for edibles, the number of servings per package.
  6. Extraction Information:
    • Any gases, solvents, or chemicals used in the extraction process must be listed on the label.
  7. Usage Instructions:
    • Labels should include clear instructions on how to use the product.
  8. Edibles Specifics:
    • For edible products, labels must include a list of ingredients, possible allergens, and a nutritional fact panel. Additionally, the amount of marijuana concentrate per serving and per package must be specified.
  9. Expiration Date:
    • Labels must have a recommended use date or expiration date to ensure product quality and safety.

Prohibited Labeling and Packaging

  1. Misleading Information:
    • Labels and packaging must not contain any misleading, deceptive, or false information.
  2. Appealing to Minors:
    • Packaging and labeling must not be designed to appeal to individuals under 21 years of age.
  3. Trademark Violations:
    • Packaging and labeling must not violate any federal trademark laws or cause consumer confusion regarding whether the product is trademarked.
  4. Depictions:
    • Labels must not depict humans, animals, or fruits.

By adhering to these packaging and labeling requirements, Maine retailers can ensure they are in compliance with state laws, thereby maintaining consumer safety and product integrity.

Maine Cannabis Laws FAQs

Is recreational cannabis legal in Maine?

Yes, recreational cannabis has been legal in Maine since 2016. Adults aged 21 and older can legally purchase, possess, and use cannabis.

How is marijuana taxed in Maine?

Maine imposes an excise tax of 15% on marijuana sold and transferred from commercial marijuana cultivation facilities. This tax is applied to both medical and recreational cannabis sales.

How much weed can I buy in Maine?

Adults aged 21 and older can purchase up to 2.5 ounces of marijuana or a combination of marijuana and marijuana concentrate that includes no more than 5 grams of concentrate. Additionally, they can buy up to 12 immature marijuana plants or seedlings.

Can I grow my own cannabis in Maine?

Yes, adults aged 21 and older can cultivate up to 3 mature marijuana plants, 12 immature plants, and an unlimited number of seedlings. These plants must be grown at the person’s residence or at a location where the marijuana was cultivated.

Where can I use cannabis in Maine?

Cannabis use is restricted to private properties. It is illegal to consume cannabis in public places, including parks, streets, and federal lands. Always ensure you have permission if you are using cannabis on someone else’s private property.

What are the qualifying conditions for medical cannabis in Maine?

Maine allows medical cannabis use for patients with specific debilitating medical conditions, such as cancer, glaucoma, HIV/AIDS, hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Alzheimer’s disease, and other chronic or debilitating diseases causing severe symptoms.

How do I get a medical marijuana card in Maine?

To obtain a medical marijuana card in Maine, a patient must receive a written certification from a qualified physician confirming that they have a qualifying medical condition. The patient can then apply for a medical marijuana card through the Maine Medical Use of Marijuana Program.

 

Disclaimer: The material contained on this website and any attached or referenced pages has been compiled by UZIO for informational purposes only. It is not intended to be and is not considered to be legal advice. This post is current as of [3/July/2024]. Medical Marijuana regulations are rapidly changing, and legal advice of any nature should be sought from legal counsel.

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