Southern Maine Criminal Lawyer Blog
Is marijuana legal in Maine? The short answer is yes, but not for everybody, and “quantities are limited.”
The excitement over Maine weed legalization (in LD 1719) a few years ago has left several gaping traps for the unwary in recreational marijuana use. Cannabis possession in Maine is limited, and making an error will result in criminal charges. Maine has legalized recreational use in private, retail sale and taxation of cannabis for citizens over 21. It is one of the weed legal states in America.
Our criminal law firm can provide a marijuana attorney near me in all of the southern counties in Maine, as shown on the map below.
In what instances is cannabis legal? This article identified pitfalls, some unexpected (and somewhat unfair) laws have been put in place for “underage Mainers” (or for vacationers coming to Maine). The State has now passed some new “strict liability” crimes applicable to young Americans.
Since many Mainers and vacationers who are 18 to 20 years old can’t legally participate, this means that about 5% to 7% of Maine’s taxpayer base is exposed to criminal prosecution, and with little to no evidence that this “adult” user distinction should have been made. Any store making cannabis sales to underage buyers will face revocation of their dispensary licenses.
What are the regulations and procedures for dealing with marijuana possession in Maine? This article covers the highlights of the many legal rules and limitations facing cannabis users. Local law enforcement as well as Maine’s Bureau of Alcoholic Beverages and Lottery Operations will typically enforce State laws against cannabis possession.
Though transporting marijuana for recreational use may appear to be the same as possessing it, it can include more illicit actions. Importantly, minors can be charged for transporting marijuana in Maine even if they are just a passenger in a car with marijuana present in that vehicle.
Unlike states such as California and Colorado, adults cannot “possess” significant amounts of cannabis products. A person will be charged with the crime of the possession of marijuana if the amount they have is over 2.5 ounces or if they have an amount that could not be used for personal consumption.
Maine’s Adult Use Cannabis Law Includes Mature Plants Limit
Defining Adult use Marijuana: One of the most commonly asked questions on Maine weed laws: “Is weed legal in Maine?” That answer is “maybe.” This is because the version of the weed law in Maine was only offered on the ballot to make pot laws Maine applicable to those 21 and over, with only that version to vote for or against.
OUI-DUI marijuana. Insofar as driving a motor vehicle, it is still illegal to drive under the influence of cannabis, marijuana or the psychactive metabolites of weed. A DUI refusal to submit (to post-arrest forensic tests) can be a nightmare that costs you the ability to drive in Maine.
Anyone arrested for DUI-drugs will be read the Maine OUI implied consent law for drug-related impairment, and a blood test will be the type of test requested. Urine tests are authorized, but rarely requested.
The new, bourgeoning cannabis industry. Maine dispensary laws regarding “legal” marijuana products, marijuana plants, cannabis retail sales, medical marijuana (for a qualifying patient), and a maximum number of mature plants are all covered in the new legislation.
Is Maine pot legal? For those age 21 and over, many laws have been drastically modified, but for those under age 21, the criminal laws against possession or transporting marijuana are still in place.
Unfortunately, though, minors still are not able to legally purchase, transport or possess cannabis in Maine. If you’re under the age of 21 and have been charged with a felony or misdemeanor crime, depending on the criminal case facts, a marijuana lawyer from our Portland ME or Saco ME offices to defend you. Having a fake ID will create even more issues.
Our marijuana possession attorneys can assist you in southern Maine (Augusta ME and south of there). For cases in the northern parts of the Pine Tree State, our lawyers for marijuana defense will happily refer you to nearby top criminal attorneys for your northern Maine court location.
In the last few years, the punishments for cannabis-related criminal law offenses have significantly decreased. The majority of offenses related to the drug, excluding those statutes criminalizing “with the intent to sell,” are now characterized as civil law infractions (non-criminal violations) and can only require monetary fines, and not jail.
Marijuana Possession Under 21 Is Illegal
So, in 2024, adults over the age of 21 are legally allowed to possess marijuana in Maine and use marijuana recreationally. However, anyone under 21 who is caught with the controlled drug can still be charged with multiple different crimes in Maine. These include:
- Possessing Drug Paraphernalia: It is illegal for minors to use or possess any device related to marijuana consumption, such as bongs, roach clips, pipes, grinders, or vaporizers despite Maine’s recreational marijuana law allowing adults to do so.
- Supplying a Minor with cannabis products: Adults supplying minors with weed can be prosecuted. If it is proven that an adult “provided access” to cannabis products to a minor in Maine, that person can be held accountable.
- Transporting cannabis or weed. In Maine, minors (anyone under the age of 21 years old) will face criminal charges in Maine for transporting marijuana. A person aged 21 and over is not charged with this same crime.
- Is marajuana legal in Maine? These Mainers can vote, can marry, can have children, can work at their job, can join the US armed forces, and yet cannot recreationally purchase, transport or smoke (or ingest) weed. Thus, to the question: “Is Maine marajuana legal, the answer is “for some adults, but not all.”
- In all places, is Maine legal for Marijuana? No. Under the laws in the State of Maine, using cannabis (by adults 21 and over) is allowed.
- What are Maine’s “personal use” Limits? Lawful residents of Maine who are aged 21 and older (i.e., adults) may cultivate cannabis for their own personal use. The State imposes a maximum of three (3) mature plants, up to twelve (12) immature plants, and unlimited seedlings (any number) are permitted per adult.
After my vacation, can I take my weed home with me? No. It is a violation of the Maine law to take any form of cannabis across state lines, whether for medical use or recreational use purposes, out of the State of Maine.
It is also prohibited to cross another U.S. state border or go into Canada (or even approach a border) while having weed or cannabis products in your possession. And, no, shipping by FedEx, UPS or the US post office is prohibited for sending cannabis our of Maine to another state, which violates state and federal laws.
However, on a federal level, it is not permitted. Therefore, if you are on any federal land, such as a national park or a border crossing, you are not allowed to have cannabis in your possession.
How Can I Locate a Licensed Biddeford, Saco, South Portland, or Kennebunkport Dispensary?
Finding a cannabis business in Maine. So, in the new law, which makes pot legal for some, Maine legislators created a very large exception to the Maine laws on weed. Maine legalized weed is embargoed for anyone under twenty-one years of age.
The Maine Legal Maine Rules. These bans on marijuana possession and related “involvement” with weed very closely track how the State of Maine has dealt with purchasing for (or by consuming alcohol), for the last 50 years.
Is it Legal to Smoke Weed in Maine? Unlike serving alcohol at a restaurant with an outdoor patio, cannabis use is only legal within the confines of private property. Also, the Maine weed statute allows property owners, landlords, and apartment and house rental companies to contractually ban the use and possession of cannabis on their leased or rented premises.
So, while the marijuana laws in Maine are a good first step, lowering that age to 18 and older would be the right thing to do, in the future. But, until then, many young Mainers will face criminal charges and need legal advice from an experimes can be even more damaging to their futures. This can apply to employment, travel to some countries, college scholarship eligibility or student loan programs, and many other long-term prospects for their futures.
Not only can a criminal conviction for being in illegal possession of Maine marijuana impact their ability to obtain college or financial aid, but it can also taint their future prospects in terms of employment and other opportunities, like traveling abroad. These cases MUST be taken seriously.
While transporting marijuana may sound like just a particular instance of possessing marijuana, it can also include a wider range of conduct. Most importantly, minors can get arrested and charged with transporting Maine marijuana if they are driving a car and a passenger in the car is in possession of marijuana.
This means that young drivers have to assure that no passenger in his or her vehicle possesses weed. The driver need not even know of that weed being within that person’s pockets or purse, for charges to be brought against the person, for illegally transporting drugs.
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