Maine allows medical marijuana use under the circumstances described below. However, it is still a crime to drive under the influence of marijuana, and other laws regarding marijuana possession for non-medical purposes will still apply.
For information about how Maine treats marijuana possession, sale, and manufacture, see Maine Marijuana Laws.
For information on driving under the influence charges in Maine, see Driving Under the Influence of Marijuana in Maine.
Medical Marijuana Use in Maine
Maine allows medical marijuana use by patients who have been diagnosed by a physician as having a debilitating medical condition (such as cancer, glaucoma, or HIV/AIDS). (Me. Rev. Stat. Ann. § 2422.)
This law removes the criminal penalties that would otherwise apply to nonmedical marijuana possession and use. To gain such protection, patients must properly obtain a written recommendation from a physician; but unlike other states, Maine does require patients to register with the state.
Legal Possession Amounts
A patient, or the patient’s primary caregiver, may possess up to two and one half ounces of marijuana, and may cultivate up to six marijuana plants (only three of which may be mature plants).
Penalties for Illegal Use
A person may not knowingly or intentionally possess or use medicinal marijuana, unless such use is in accordance with the regulations described above. Using medicinal marijuana without a valid prescription is punishable with the same penalties imposed for illegal marijuana use and possession, depending on the amount illegally used or possessed. To learn more about Maine marijuana laws and penalties for illegal use or possession, see Maine Marijuana Laws.
An Important Note on Local Legal Representation
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.