While recreational marijuana is legal under Maine law, it remains illegal at the federal level—and the state still enforces strict regulations around its use, possession, cultivation, and distribution. Violating these laws can quickly turn a legal activity into a serious drug crime with lasting consequences.
At The Maine Criminal Defense Group, we help individuals who find themselves facing marijuana-related charges navigate the legal system with experienced, strategic defense.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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Maine Marijuana Laws
Maine has legalized the recreational use of marijuana for adults 21 and over, but that doesn’t mean all marijuana-related activity is legal. In fact, people are still charged with marijuana crimes every day—often due to misunderstandings about what the law allows. Under Maine law, adults may possess up to 2.5 ounces of marijuana, including no more than 5 grams of concentrate. However, exceeding these limits, distributing without a license, or using marijuana in prohibited places can still result in criminal charges.
It’s also important to note that marijuana remains illegal under federal law and is strictly prohibited on federal property—including Acadia National Park and other federal lands throughout Maine. Medical marijuana patients must also comply with the Maine Medical Use of Cannabis Program (MMCP), and violations of the program’s rules can result in penalties.
At The Maine Criminal Defense Group, we understand the complexity of Maine’s marijuana laws and how quickly legal use can become a criminal allegation. Led by experienced criminal defense attorneys with a strong track record in drug crime defense, our team brings a deep understanding of both state and federal law to every case. Whether you’re facing charges for alleged illegal possession, cultivation, or distribution, we’re here to help you protect your rights and future.
Understanding Medical Marijuana Laws in Maine
Maine was one of the first states to establish a medical marijuana program, allowing qualified patients to legally use cannabis to manage certain health conditions. While the state has since legalized recreational marijuana, medical marijuana remains a separate and strictly regulated program under the Maine Medical Use of Cannabis Program (MMCP).
To legally use medical marijuana in Maine, a patient must obtain a certification from a licensed medical provider and register with the Maine Department of Health and Human Services (DHHS). Patients must have a qualifying medical condition, which may include:
- Cancer
- Glaucoma
- HIV/AIDS
- Hepatitis C
- Crohn’s disease
- Alzheimer’s disease
- Severe nausea
- Seizures
- Chronic pain unresponsive to other treatments for more than six months
- Any other condition approved by DHHS
Even with a valid medical marijuana card, patients can still face legal consequences for misuse—such as exceeding possession limits, unauthorized cultivation, or using marijuana in prohibited places. If you’ve been charged with a marijuana-related drug crime while enrolled in the MMCP, it’s critical to have an experienced defense attorney on your side.
At The Maine Criminal Defense Group, we have deep experience defending medical marijuana users across the state and can help you understand your rights under Maine’s evolving cannabis laws.
Legal Ways to Obtain Marijuana in Maine
While Maine law allows both medical and recreational marijuana use, it’s important to understand the legal ways to obtain it to avoid committing a drug crime. Whether you’re a recreational user or a registered medical patient, marijuana must be acquired through legal channels to stay compliant with state law.
In Maine, you can legally obtain marijuana in the following ways:
- Purchase from a licensed recreational dispensary – Adults 21 and older may buy marijuana from state-licensed retail stores. A valid photo ID is required.
- Purchase from a medical marijuana dispensary – If you are a registered patient with a medical marijuana card, you can obtain cannabis from licensed caregivers or dispensaries participating in the Maine Medical Use of Cannabis Program.
- Grow your own marijuana – Adults can cultivate up to three mature plants, 12 immature plants, and an unlimited number of seedlings at home, as long as they comply with Maine’s cultivation laws.
- Receive marijuana as a gift – Sharing marijuana without payment is legal between adults, but any exchange involving money, goods, or services may be considered illegal distribution.
Even with these legal avenues, violations—such as buying from an unlicensed source or growing more than the legal limit—can lead to criminal charges.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Legal Marijuana Possession and Cultivation Limits in Maine
Even though marijuana is legal in Maine, the state imposes strict limits on how much you can legally possess or grow. Exceeding these limits—whether accidentally or intentionally—can result in serious drug crime charges, including possession with intent to distribute.
Here’s what the law allows for adults age 21 and older:
Possession Limits
- Up to 2.5 ounces of marijuana (this includes a maximum of 5 grams of cannabis concentrate)
- Possessing more than this amount is a civil violation or a criminal offense depending on the quantity and circumstances.
Cultivation Limits
- Up to 3 mature marijuana plants
- Up to 12 immature plants
- An unlimited number of seedlings
- All plants must be tagged with your name and kept in a secure, enclosed space not visible to the public.
Medical marijuana patients may be allowed higher possession limits depending on their provider’s recommendations, but they must comply with all regulations under the Maine Medical Use of Cannabis Program (MMCP).
Violating possession or cultivation limits can result in fines, license suspension, or even jail time. If you’ve been charged for going over the legal amount or are accused of illegal cultivation, The Maine Criminal Defense Group can provide the experienced legal support you need to fight back and protect your future.
Minimum age for marijuana use in Maine
Yes. You must be at least 21 years old to purchase or use marijuana. Keep in mind that even if you are of legal age, it is possible to be arrested for contributing to the delinquency of a minor if you share marijuana with someone who is underage.
Can You Get an OUI for Marijuana Use in Maine?
Yes. Operating under the influence (OUI) laws in Maine still fully apply to marijuana, even though recreational use is legal. Driving while impaired by cannabis is a criminal offense and carries the same penalties as alcohol-related OUIs.
Just like with alcohol, the fact that marijuana is legal does not give anyone the right to drive while impaired. Law enforcement officers are trained to detect drug-impaired driving, and a conviction can lead to serious consequences, including:
- License suspension
- Fines and court fees
- Jail time
- A permanent criminal record
- Increased insurance costs
Marijuana-related OUI cases can be complex, especially because there is no legally defined “limit” for THC impairment like there is with blood alcohol content (BAC). This often means that the prosecution’s case may rely on subjective evidence—such as officer observations, roadside tests, or Drug Recognition Experts (DREs).
If you’ve been arrested for OUI involving marijuana, you need a defense attorney who understands the science, the law, and the strategies to challenge weak or inconclusive evidence.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
How Maine’s Exclusionary Rule Can Help Fight Marijuana Charges
If you’ve been charged with a marijuana-related drug crime, one of the most powerful tools in your defense may be the exclusionary rule. Under both the U.S. Constitution and Maine law, evidence obtained through an illegal search or seizure—such as during an unlawful traffic stop or a warrantless home search—cannot be used against you in court.
For example, if law enforcement stopped your vehicle without reasonable suspicion or searched your property without a valid warrant or your consent, any marijuana or related evidence they found could be suppressed. This means it would be excluded from your case and may even lead to your charges being reduced or dismissed entirely.
Common violations that may trigger the exclusionary rule include:
- Being pulled over without a valid reason
- Being searched without a warrant or legal justification
- Police acting outside the scope of a warrant
- Coerced or non-voluntary consent to a search
Can You Take Marijuana Out of Maine?
No. Even if you purchased marijuana legally in Maine, transporting it across state lines is illegal—regardless of whether the neighboring state also allows recreational cannabis. This is because marijuana remains a Schedule I controlled substance under federal law, and crossing state lines with it constitutes federal drug trafficking, even in small amounts.
You could face serious legal consequences for:
- Violating federal trafficking laws
- Breaking the marijuana laws of the state you’re entering
- Possession in states where marijuana is not fully legalized or decriminalized
Even driving through a state with legal marijuana while carrying cannabis from Maine can lead to arrest and prosecution, especially if you’re stopped by law enforcement.
Can I sell marijuana independently in Maine if I purchased or grew it legally?
No. Even if you legally purchased or grew marijuana for personal use, selling it without a state-issued license is a criminal offense in Maine. The state tightly regulates the sale of cannabis, and only licensed dispensaries and retailers are authorized to distribute it.
To legally sell marijuana in Maine, you must go through a rigorous application and licensing process, comply with strict regulations, and operate under the oversight of the Maine Office of Cannabis Policy.
If you’re caught selling marijuana without a license—even if it was grown legally at home or shared informally—you could face the same criminal penalties that applied before legalization, including:
- Misdemeanor or felony drug crime charges
- Fines and potential jail time
- A permanent mark on your criminal record
At The Maine Criminal Defense Group, we defend individuals facing illegal distribution charges and work to minimize the consequences.
Common Mistakes to Avoid After a Marijuana Arrest in Maine
Being arrested for a marijuana-related drug crime in Maine can be overwhelming—but what you do next can significantly impact the outcome of your case. Unfortunately, many people unknowingly make mistakes that weaken their defense or even lead to avoidable convictions.
Here are the biggest mistakes to avoid if you’re facing marijuana charges:
Trying to represent yourself
Marijuana laws are complex, and the legal process is full of procedural pitfalls. Without an experienced attorney, you risk making irreversible errors in your defense.
Hiring an inexperienced or unqualified defense lawyer
Not all attorneys are equipped to handle drug crime cases effectively. Choosing someone without a strong track record in criminal defense can be just as harmful as going it alone.
Talking to the police without legal counsel
Even if you’re innocent, anything you say can be used against you. You are not required to answer questions, and it’s always best to wait until your attorney is present.
Confessing or trying to “explain things”
Many people confess thinking it will help their case. In reality, it often solidifies the prosecution’s evidence.
Consenting to a search without a warrant
You are not legally obligated to consent to a search just because you’re asked. Doing so voluntarily can undermine your ability to challenge illegal evidence later.
Speak with a Maine Marijuana Defense Lawyer Today
Even with legalized marijuana in Maine, the laws are complex—and a single misstep can lead to serious criminal charges. If you’ve been arrested or are under investigation for a marijuana-related drug crime, don’t leave your future to chance.
At The Maine Criminal Defense Group, our experienced attorneys understand the nuances of Maine’s cannabis laws and how to build a strong defense against possession, distribution, cultivation, or OUI charges. We’re here to protect your rights and fight for the best possible outcome.
Contact us today to schedule a confidential consultation. Call us directly or reach out online to get the skilled legal support you need.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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