Offense |
Penalty |
Incarceration |
Max. Fine |
Possession | |||
Less than 2.5 oz. | Civil Violation | N/A |
$600 |
2.5 oz. to 8 oz. | Misdemeanor | 6 months |
$1,000 |
8.5 oz. to 1 lb. | Misdemeanor | 1 year |
$2,000 |
1 lb. to 20 lbs. | Felony | 5 years |
$5,000 |
More than 20 lbs. | Felony | 10 years |
$20,000 |
Possession of a "usable amount" with proof of a physician's recommendation is not punishable. | |||
Sale or Distribution | |||
Less than 1 lb. | Misdemeanor | 1 year |
$2,000 |
1 lb. to 20 lbs. | Felony | 5 years |
$5,000 |
20 lbs. or more | Felony | 10 years |
$20,000 |
To a minor or within 1000 feet of a school or school bus. | Felony | 5 years |
$5,000 |
Cultivation | |||
5 plants or less | Misdemeanor | 6 months |
$1,000 |
5 plants to 99 plants | Misdemeanor | 5 years |
$5,000 |
100 plants to 499 plants | Felony | 5 years |
$5,000 |
500 plants or more | Felony | 10 years |
$20,000 |
Hash & Concentrates | |||
Possession | Class D Crime | 1 year | $2,000 |
Trafficking | Class C Crime | 5 years | $5,000 |
Trafficking (prior conviction, use of minor, other) | Class B Crime | 10 years | $20,000 |
Paraphernalia | |||
Possessing Paraphernalia | Civil Violation | N/A |
$ 300 |
Selling Paraphernalia | Misdemeanor | 6 months |
$1,000 |
Sale to a Minor | Misdemeanor | 1 year |
$2,000 |
Voters in Maine first approved medical marijuana in the state in 1999 with the passage of Ballot Question 2. This initiative, passed with 61% of the vote, removed state-level criminal penalties for marijuana possession for patients with a doctor’s recommendation. Patients or their caregivers were allowed to possess up to 2.5 ounces usable marijuana when the law was amended in 2002. Marijuana Facts and statistics for Maine are not available, however, for the period between 1999 and 2009 as Question 2 did not create a state registry or a dispensary system. When 59% of voters passed Ballot Question 5 (the Maine Medical Marijuana Act) in November of 2009 the state finally created a marijuana patients registry and began to develop a non-profit dispensary system. The initiative also expanded the number of qualifying conditions.
County | Number of Patients |
Androscoggin | 56 |
Aroostook | 19 |
Cumberland | 136 |
Franklin | 36 |
Hancock | 17 |
Kennebec | 162 |
Knox | 22 |
Lincoln | 31 |
Oxford | 57 |
Penobscot | 45 |
Piscataquis | 3 |
Sagadahoc | 37 |
Somerset | 51 |
Waldo | 20 |
Washington | 22 |
York | 88 |
Specialization | Number of Doctors |
Internal Medicine | 20 |
Family Practice | 75 |
General Practice | 3 |
Physical Medicine | 3 |
Neurology | 9 |
Pain | 2 |
Hematology | 5 |
Proctology | 1 |
Rheumatology | 2 |
Gastroenterology | 3 |
Ophthalmology | 1 |
Oncology | 2 |
Question 5 was approved by 59% of voters on November 3, 2009, which establishes a confidential medical marijuana patient registry and identification card system according to Maine medical marijuana laws. This means that patients in Maine must register with the Department of Health and Human Services to receive a medical marijuana card in order to receive the protections of Maine’s Medical Marijuana laws. The first step in doing so is to obtain a medical marijuana recommendation from a physician licensed in the state of Maine. Find a medical marijuana doctor in Maine here.
If you choose to register, the application form must be completed and signed by the patient or the patient’s parent or legal guardian. There is no fee for a qualified patient to register. If you choose to obtain marijuana from a caregiver or dispensary, you can find the department-approved designation form at http://www.maine.gov/dhhs/dlrs/mmm/index.shtml. Who will grow for the patient is entirely the decision of the patient.
You must attach a copy of your physician certification form to your application, as follows:
Medical use of marijuana; exemptions. The following provisions govern the medical use of marijuana. A. Notwithstanding any other provision of law, a person who is at least 18 years of age may lawfully possess a usable amount of marijuana for medical use if, at the time of that possession, the person has available an authenticated copy of a medical record or other written documentation from a physician, demonstrating that:
(1) The person has been diagnosed by a physician as suffering from one or more of the following conditions:
(a) Persistent nausea, vomiting, wasting syndrome or loss of appetite as a result of:
(i) Acquired immune deficiency syndrome or the treatment thereof; or
(ii) Chemotherapy or radiation therapy used to treat cancer;
(b) Persistent nausea, vomiting, wasting syndrome or loss of appetite as a result of:
(c) Heightened intraocular pressure as a result of glaucoma;
(d) Seizures associated with a chronic, debilitating disease, such as epilepsy; or
(e) Persistent muscle spasms associated with a chronic, debilitating disease, such as multiple sclerosis;
(2) A physician, in the context of a bona fide physician-patient relationship with the person:
(a) Has discussed with the person the possible health risks and therapeutic or palliative benefits of the medical use of marijuana to relieve pain or alleviate symptoms of the person's condition, based on information known to the physician, including, but not limited to, clinical studies or anecdotal evidence reported in medical literature or observations or information concerning the use of marijuana by other patients with the same or similar conditions;
(b) Has provided the person with the physician's professional opinion concerning the possible balance of risks and benefits of the medical use of marijuana to relieve pain or alleviate symptoms in the person's particular case; and
(c) Has advised the person, on the basis of the physician's knowledge of the person's medical history and condition, that the person might benefit from the medical use of marijuana to relieve pain or alleviate symptoms of the person's condition;
(3) The person has disclosed to the physician that person's medical use of marijuana; and
(4) The person is under the continuing care of the physician. [IB 1999, c. 1, §10 (new).]
B. A person under 18 years of age may lawfully possess a usable amount of marijuana for medical use if:
(1) The person meets the requirements of paragraph A, subparagraphs (1) to (4); and
(2) The person:
(a) Has available a signed written authorization from that person's parent or legal guardian consenting to that person's medical use of marijuana; or
(b) Is a minor who is entitled to give consent to all medical and other health care services pursuant to Title 22, section 1503. [IB 1999, c. 1, §10 (new).]
C. Notwithstanding any other provision of law, a designated care giver may lawfully possess a usable amount of marijuana for medical use by an eligible patient if the designated care giver is acting within the scope of the designated care giver's duties to the eligible patient. [IB 1999, c. 1, §10 (new).]
D. The fact that a person produces documentation described in paragraph A does not constitute a waiver of the physician-patient privilege in any other respect. [IB 1999, c. 1, §10 (new).]
E. A physician who, in the context of a bona fide physician-patient relationship, advises a patient that the patient might benefit from the medical use of marijuana may not be deemed to have violated any provision of Title 32, section 2591-A, subsection 2 or section 3282-A, subsection 2. [IB 1999, c. 1, §10 (new).]
F. Notwithstanding the provisions of paragraph A, medical use of marijuana by an eligible patient is not authorized by this section if such use occurs in a public place or in a workplace where such use is not permitted. [IB 1999, c. 1, §10 (new).] [IB 1999, c. 1, §10 (new).]
On November 2, 1999, 61% of Maine voters approved Question 2, which removes state-level criminal penalties on the use, possession and cultivation of medical marijuana (also referred to as medical weed, medical pot or medical cannabis) by patients who possess a recommendation from their physician. The law did not initially establish a state-run patient registry nor give any guidelines for dispensaries. However, Question 5, which was approved by 59% of voters on November 3, 2009, establishes a confidential patient registry and medical marijuana card system, and licenses nonprofit organizations to provide medical marijuana to qualified patients.
Read the full text of the Maine Medical Marijuana Act here.
Patients in Maine diagnosed with the following illnesses are afforded legal protection under the Maine Medical Marijuana Act:
Some medical marijuana patients will claim they have a doctor's prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, medical marijuana physicians will supply patients with a medical marijuana recommendation in compliance with state law.
According to Maine medical marijuana law, patients and their caregivers may grow medical marijuana for the patient's private use and may possess 2.5 ounces and six plants, three of which may be mature. The Maine Department of Health and Human Services is currently in the process of establishing 8 non-profit dispensaries, where patients and caregivers will be able to purchase medical marijuana. These dispensaries are expected to open in 2011.
Mailing Address:
Department of Health and Human Services
221 State Street
Augusta, ME 04333
Phone: 207-287-3707
Fax: 207-287-3005
TTY: 800-606-0215
The State of Maine has a legalized medical marijuana program, which allows legal medical marijuana patients to receive a marijuana recommendation from a certified physician, apply for a State-issued Maine Medical Marijuana ID Card, and grow and/or purchase marijuana for medicinal use per state guidelines. We have compiled the following index of medical marijuana information in Maine to serve as a legal library to our users for legal reference of Maine's laws and guidelines regarding Medical Cannabis.
Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Maine's medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under "legal states".
Since the Maine medical marijuana program is still changing their laws and new Maine medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Maine medical marijuana program. Please click a corresponding link to find out more about your Maine's Medical Marijuana Program.
Find out Who Qualifies for Marijuana in Maine in our definitive guide of Maine's qualification guidelines. Read up on medical conditions that are covered under Maine's medical marijuana program, age restrictions, criminal conviction restrictions, and more.
Read Maine's Full Medical Marijuana Laws to gain full specific knowledge of Maine's exact legal guidelines without interpretation. We suggest that you print Maine's Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into Maine's laws for his knowledge.
Find out how to obtain a{n} Maine Medical Marijuana Card with our guide to Maine's state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know Maine's requirements.
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