Maine's Recreational Cannabis: Legalization Timeline And Future

On November 8, 2016, Maine became the ninth US state to legalise the recreational use, retail sale, and taxation of cannabis, also referred to as adult-use cannabis.

The law, known as Question 1, was enacted as IB 2015, c. 5, “An Act to Legalize Marijuana”, and came into effect on January 30, 2017.

The legislation allows those over the age of 21 to grow up to six mature plants and possess 2.5 ounces of cannabis for personal use.

Possession limits for recreational users

On November 8, 2016, Maine voters approved Question 1, which legalised the recreational use, retail sale, and taxation of cannabis for adults over the age of 21. The law, known as "An Act to Legalize Marijuana", came into effect on January 30, 2017, following a recount and certification of election results.

Under this law, adults aged 21 and over are allowed to possess up to 2.5 ounces of marijuana, including no more than 5 grams of marijuana concentrate. This allowance applies to a combination of cannabis, cannabis concentrate, and cannabis products. Adults may also possess marijuana paraphernalia.

In terms of cultivating cannabis for personal use, adults aged 21 and over can grow up to six mature marijuana plants, 12 immature plants, and an unlimited number of seedlings. However, these plants must be grown out of sight from public view and secured to prevent access by individuals under the age of 21. Additionally, the plants must be clearly labelled with the adult's name, driver's license or state identification card number, and a notation indicating that the plants are being grown for personal use as authorised by law.

It is important to note that the use and possession of cannabis are prohibited in public places, including federal property such as national parks. Violation of these laws can result in a civil fine of up to $100.

Penalties for public use

On November 8, 2016, Maine voters approved the recreational use, retail sale, and taxation of cannabis, joining eight other states in legalizing the drug. The Marijuana Legalization Act (MLA) was passed by voters and underwent two legislative rewrites and two gubernatorial vetoes before becoming law on May 2, 2018.

In Maine, public use of marijuana is a civil infraction punishable by a $100 fine. This applies to smoking, eating, or vaping cannabis in public places, including amusement parks, ski resorts, sporting and music venues, state and national parks, campsites, playgrounds, sidewalks, roads, cannabis retail businesses, bars, restaurants, and outdoor or rooftop cafes.

It is also illegal to consume cannabis in a private residence or on private property used as a daycare or babysitting service during operational hours. Additionally, smoking cannabis is prohibited in designated smoking areas as per the Workplace Smoking Act of 1985 and in public places where smoking is banned under Title 22, Chapter 262.

For adults 21 years of age or older, the possession, consumption, and transportation of cannabis and cannabis products are permitted, but only in specific circumstances. Adults may possess up to 2.5 ounces of cannabis or a combination of cannabis and cannabis concentrate, including no more than 5-10 grams of cannabis concentrate.

The consumption of cannabis by adults must be confined to private residences, including the curtilage, or private property where the owner has explicitly permitted cannabis consumption.

It is important to note that cannabis is still illegal at the federal level. Therefore, possessing or consuming cannabis on federal property, such as national parks or border crossings, is prohibited.

Driving under the influence of cannabis is also illegal in Maine, and individuals may be charged with an OUI (Operating Under the Influence).

Minors (those under 21 years of age) face different consequences for cannabis-related offenses. It is illegal for minors to possess, transport, or consume cannabis in Maine. Additionally, they may be charged with possessing drug paraphernalia, such as bongs, pipes, or vaporizers.

The sale or distribution of cannabis to minors is also illegal, and providing access to cannabis products to minors can result in legal consequences.

The penalties for public use of cannabis in Maine are designed to deter individuals from consuming cannabis in public spaces and to restrict access to the drug by minors. These regulations aim to balance the legalization of cannabis for adult use while maintaining control over its consumption and distribution.

Driving under the influence of marijuana

On November 8, 2016, Maine voters approved Question 1 to legalise the recreational use, retail sale, and taxation of cannabis for adults over the age of 21. The law came into effect on January 30, 2017, allowing adults to grow up to six mature plants and possess up to 2.5 ounces of cannabis for personal use.

The penalties for driving under the influence of marijuana in Maine are as follows:

• First offense: minimum penalty of 90-day license suspension, $500 fine, up to 364 days in jail, up to a $2,000 fine, and one year of probation.
• Second offense: minimum seven-day jail sentence, $700 fine, 18-month license suspension without a work-only license, revocation of the right to register a vehicle for the suspension period, and possible court-ordered drug or alcohol treatment.
• Third offense: minimum 30-day jail sentence, up to five years in jail, $1,100 to $5,000 fine, four-year license suspension without a work-only license, possible court-ordered drug or alcohol treatment, and two years of probation.
• Fourth or subsequent offense: minimum six months in jail, up to five years in jail, $2,100 to $5,000 fine, six-year license suspension, possible court-ordered drug or alcohol treatment, and two years of probation.

Driving with a passenger under the age of 21 adds an additional 275-day license suspension. If the driver is under 21, there is an additional 180-day license suspension.

The legal age to purchase marijuana

On November 8, 2016, Maine voters approved Question 1, which legalised the recreational use, retail sale, and taxation of cannabis for adults aged 21 and over. The law came into effect on January 30, 2017, allowing those over 21 to grow, own, and use marijuana.

Maine's cannabis laws dictate that applicants for a license to operate a marijuana establishment must be at least 21 years old. All officers, directors, managers, and general partners of the business entity must also be at least 21.

Maine's journey with legal cannabis is ongoing, with the state seeing significant progress since voters approved adult-use legalization in 2016. As of 2024, there are over 170 licensed retail stores across the state.

The history of cannabis legalization in Maine

Early 20th Century: Maine banned cannabis in 1913, following a similar ban in Massachusetts in 1911.

1976: Maine took a pivotal step by decriminalizing the possession of small amounts of cannabis, becoming the third state to do so.

1999: On November 2, Maine legalized medical marijuana when 62% of voters approved Question 2. This allowed patients with serious health conditions to use cannabis for medicinal purposes.

2009: On May 1, Governor John Baldacci signed legislation (LD 250) that further decriminalized marijuana. This made the possession of 2.5 ounces or less a civil infraction.

2013: On November 5, voters in Portland, Maine's largest city, passed Question 1 with 67% approval, legalizing the possession of 2.5 ounces of cannabis within the city limits.

2014: In November, the municipality of South Portland followed Portland's lead and voted to legalize marijuana. Lewiston, another city in Maine, voted against legalization in the same year.

2016: Maine took a significant step towards full legalization with the ballot initiative, Question 1. This proposed the statewide legalization of marijuana use and sale for adults over the age of 21. The results were close, with the "Yes" vote passing by less than 1 percentage point. Opponents sought a recount but eventually conceded on December 17, 2016.

2017: On January 30, the portion of the law permitting adults to grow up to six mature plants and possess 2.5 ounces of cannabis took effect. However, the legislature imposed a moratorium on implementing parts of the law regarding retail sales and taxation until at least February 2018 to allow time for rule-making.

2018: In April, the Maine Legislature introduced LD 1719, setting the framework for a regulated cannabis market. On May 2, the legislature overrode Governor LePage's veto of a bill to tax and regulate recreational cannabis sales, allowing it to become law.

2020: After several delays, including the COVID-19 pandemic, recreational cannabis sales to adults finally commenced on October 9, 2020.

Today, adults in Maine can legally possess, use, and purchase recreational cannabis, with certain restrictions in place. This journey towards legalization showcases Maine's progressive approach to cannabis policy and its commitment to continuous improvement in this area.

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