Popular searches:
Extortion Embezzlement DUI Lawyer DUI Attorney Trespassing Forgery
Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.
Select the type of Lawyer you need
Maine Marijuana Laws
Marijuana Charges |
In the state of Maine, not all amounts of marijuana are punishable by law. In fact, Maine is one of the few states in the country to legalize the use of marijuana for medical purposes. The state of Maine does punish non-medical, or recreational, users for the possession, cultivation, sale, and use of the drug. The laws are much harsher for offenders possessing or selling marijuana near a school or a park or on a school bus. On the state’s top 10 cash crop list, the drug marijuana is number one on the list. Between the years of 1995 and 2002 there has been an average of 3,000 arrests related to the drug marijuana.
Medical Marijuana Users
Applying for medical marijuana in the state of Maine is quite simple. The physician will recommend this alternative treatment to their patient, who will either accept or decline the idea. Once the idea is accepted, the physician will then have to give the patient written consent for the drug. The doctor can prescribe the drug for pain relief, nausea, spasticity, glaucoma, and movement disorders. The penalties for violating the terms of medical marijuana use and possession are the same as they are for non-medical users and recreational users.
Non-Medical Users
In the state of Maine, if residents do not have medical clearance from a licensed physician and are found to be in possession of marijuana or selling marijuana they will be subject to the laws and penalties regarding non-medical or recreational users. The laws in the state of Maine were changed in 1999 when 61 percent of the voters approved the proposed laws regarding marijuana use. The law went into effect on December 22, 1999. As stated by the law, the law “removes state-level criminal penalties on the use, possession, and cultivation of marijuana by patients who possess an oral or written "professional opinion" from their physician that he or she "might benefit from the medical use of marijuana."”
Penalties for Marijuana Use and Possession in Maine
|
Usable amount with proof of physician’s recommendation |
None |
None |
|
Usable amount under 1.25oz |
Civil Violation |
Penalties include no incarceration but $350-$600 in fines and a $500 fine for a subsequent violation within six months |
|
1.25oz or more |
Presumption of Sale, Rebuttable |
|
Penalties for Growing, Selling, or Trafficking Marijuana
Growing:
|
5 plants or less |
Class E Misdemeanor |
Penalties include six months in prison and/or a $1,000 fine |
|
5 to 100 plants |
Class D Misdemeanor |
Penalties include one year in prison and/or a $2,000 fine |
|
100-500 plants |
Class C Felony |
Penalties include five years in prison and/or a $5,000 fine |
|
More than 500 plants |
Class B Felony |
Penalties include 10 years in prison and/or a $20,000 fine |
Selling:
|
1lb or less |
Class D Misdemeanor |
Penalties include one year in prison and/or a $2,000 fine |
|
1lb-20lbs |
Class C Felony |
Penalties include five years in prison and/or a $5,000 fine |
|
20lbs or more |
Class B Felony |
Penalties include 10 years in prison and/or a $20,000 fine |
|
Sale to minor or within 1,000 feet of a school or on a school bus |
Felony |
Penalties include five years in prison and/or a $5,000 fine |
Paraphernalia
The state of Maine does not have trafficking laws enacted for the drug marijuana but it does have laws for the possession and sale of marijuana paraphernalia. Those laws are as follows:
|
Paraphernalia possession and use |
Civil Violation |
There is no incarceration but there is a $300 fine |
|
Paraphernalia sale |
Misdemeanor |
Penalties include six months in prison and/or a $1,000 fine |
|
Paraphernalia sale to a minor |
Misdemeanor |
Penalties include one year in prison and/or a $2,000 fine |
Penalties for Driving Under the Influence of Marijuana
Maine does not have separate laws governing driving under the influence of marijuana. Instead, offenders will be charged with penalties associated with the state’s driving while intoxicated laws dealing with their list of illegal drugs.
Legal Help with a Marijuana Offense
Any person charged with the possession, sale, cultivation, or distribution of marijuana in the state of Maine should hire a marijuana attorney to develop the best possible defense for the case. Sometimes, Maine will offer offenders alternative sentencing, such as rehabilitation, and an experienced marijuana lawyer knows how to put together in a proper plea bargain.