Status Summary
- ✅ Recreational Cannabis: Legal since 2016; retail sales operational since 2020
- ✅ Medical Cannabis: Legal since 1999; robust program
- ⚠️ Hemp-derived THC: Regulated as cannabis; must be sold through licensed dispensaries
- ✅ CBD Products: Fully legal under hemp laws
- ⚠️ Psychedelics: Local decriminalization efforts; no statewide reform
Legalization Timeline
- Medical Cannabis: Approved via ballot in 1999; expanded in 2009
- Recreational Cannabis: Approved via ballot (2016); sales began in 2020
- Hemp Program: Established in 2014, expanded post-2018 Farm Bill
- Delta-8 THC: Classified under cannabis law in 2021
Purchase Laws
- Minimum Age: 21+ for recreational use
- Recreational Purchase Limits:
- 2.5 ounces of flower
- Up to 5 grams concentrate
- Medical Limits: 2.5 ounces every 15 days; caregivers can dispense
- ID Requirement: Government-issued ID
- ✅ Visitors: Can purchase under same limits as residents
Consumption Laws
- 🚫 Public Use: Illegal
- ✅ Private Use: Allowed in private residences
- ⚠️ Lounges: Allowed by law but limited availability
- Special Rule: Cannot consume in vehicles or in view of public spaces
Home Cultivation
- ✅ Recreational: Up to 3 mature plants, 12 immature plants, and unlimited seedlings
- ✅ Medical: Up to 6 mature plants per patient
- Security Requirements: Must be out of public view and secured
- Caregivers: Allowed to grow for multiple patients under license
Licensing & Retail
- License Types: Cultivation, Manufacturing, Testing, Retail Store, Nursery
- ✅ Vertical Integration: Allowed; some caps removed
- ✅ Delivery Services: Permitted statewide for adult use and medical
- Local Control: Municipalities can opt-out of retail sales; check city ordinances
Medical Program Details
- Qualifying Conditions: Chronic pain, PTSD, cancer, epilepsy, glaucoma, HIV/AIDS, ALS, Crohn's, MS, and physician's discretion
- Registry: Optional ID card program for patients and caregivers
- Card Validity: 1 year
- ✅ Reciprocity: Recognizes out-of-state medical cards for purchases
Hemp & Cannabinoids
- ✅ CBD: Widely available
- ⚠️ Delta-8 / Delta-10 / THCP: Treated as cannabis under Maine law; only licensed cannabis stores can sell psychoactive hemp
- Hemp Licensing: Managed by Maine Department of Agriculture
- Testing: Mandatory for all hemp-derived products
Criminal Penalties
- Possession Over Limits: Civil infraction or misdemeanor, depending on amount
- Unlicensed Sales: Felony
- ✅ Expungement: Records for conduct now legal can be sealed; process streamlined as of 2023
Driving & DUI
- 🚫 THC DUI: Illegal — impairment-based enforcement
- No Per Se Limit: Relies on officer observation + toxicology
- ⚠️ Medical Defense: Does not exempt impaired driving
Employment Laws
- ✅ Drug Testing: Permitted
- ⚠️ Off-Duty Recreational Use: Limited protections; employers may enforce drug-free policies
- ⚠️ Medical Patients: Some workplace protections but not universal
Parental & Housing Rights
- Child Custody: Use alone not grounds for CPS action without evidence of harm
- Tenant Protections: Landlords may prohibit smoking but not edibles or other forms
- Public Housing: Federal prohibition enforced
Firearms
- Federal Ban: Cannabis users barred from firearm ownership
- State Stance: Maine does not offer firearm protections for cannabis users
Taxes & Revenue
- Adult-Use Tax:
- 10% excise tax
- 5.5% sales tax on cannabis
- 8% tax on edibles
- Medical: Exempt from excise tax
- Revenue Use: Public health, education, regulatory costs, and municipal reimbursements
Social Equity
- No statewide equity program, but laws encourage small-business licensing
- Municipalities: Some cities (e.g., Portland) have equity-focused ordinances
Tourism
- ✅ Visitors: Can purchase recreational cannabis with valid ID
- Consumption: Private residences only
- 420-friendly lodging: Increasing availability
- 🚫 Cross-border: Illegal to take cannabis into Canada or neighboring prohibition states
Key Legal Risks
- Local opt-outs may limit retail access
- Delta-8 unlicensed sales illegal
- DUI laws enforced strictly
Official Resources
- Adult Use Cannabis Program: https://www.maine.gov/dafs/omp
- Medical Marijuana Program: https://www.maine.gov/dafs/omp/medical-use
- Hemp Program: https://www.maine.gov/dacf
- State Statutes: 28-B M.R.S. c. 1
- Last Confirmed Update: July 26, 2025