Meanwhile, recreational marijuana use is still illegal in Maine under federal law.
In Maine, the recreational use of marijuana is effectively legal but highly regulated, and violation of the remaining restrictions can still get you into trouble.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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Medical Marijuana in Maine
Marijuana has been around for a long time, and in recent times many states have legalized the use of marijuana for medical purposes.
In order to qualify for a medical marijuana ID card from the Maine Department of Health and Human Services, a patient must have one of the eligible conditions and be approved by a licensed doctor:
- Cancer
- Glaucoma
- HIV/AIDS
- Hepatitis C
- Crohn’s disease
- Alzheimer’s disease
- Pain that has not responded to ordinary medical or surgical measures for more than 6 months
- Severe nausea
- Seizures
- Any other medical condition approved by the Department of Health and Human Services
Where in Maine can I obtain marijuana legally?
The following options are legal:
- Purchase from a recreational marijuana dispensary;
- Purchase from a medical marijuana dispensary, if you have a medical marijuana card;
- Grow your own plants, within legal limitations;
- Receive marijuana as a gift or share marijuana with a friend.
How much marijuana can I legally possess in Maine?
You may purchase up to 2.5 ounces and up to three plants (only three of which may be flowering at any one time).
If you grow marijuana, you may possess up to six plants flowering simultaneously, plus another 12 plants in reserve.
Possessing more than this amount will subject you to ordinary Maine marijuana criminal law, and the penalty could include jail time even for relatively small amounts.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Is there a minimum age for using and purchasing marijuana 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.
Has Maine’s OUI laws been affected by the legalization of marijuana?
No. Driving while under the influence of marijuana is still illegal for everyone in Maine, and the penalties are just as severe as they are for alcohol intoxication. This stands to reason, of course – alcohol is legal in Maine, yet you can still be arrested for drunken driving.
What is Maine’s exclusionary rule, and how might it help me fight a marijuana charge?
The exclusionary rule prevents the use of evidence against you if it was seized in violation of the U.S. Constitution’s prohibition against illegal search and seizure.
If the police pulled you over for no good reason, for example (perhaps your hairstyle made you “look suspicious”), any evidence they discover during the stop cannot be used in court against you.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
Can I take marijuana out of state if I legally purchased it in Maine?
No. Firstly, that might be a violation of the law of the state into which you took it or over which you crossed.
Secondly, even transporting marijuana across a state line that adjoins two states where recreational marijuana is legal is a crime under federal law. Taking marijuana out of state is a bad idea.
Can I sell marijuana independently in Maine if I purchased or grew it legally?
No, you can’t. To sell it legally, you would have to open a marijuana dispensary licensed by the state of Maine, which would entail compliance with all sorts of regulatory requirements.
If you are caught selling marijuana without a license, you will be treated just as you would have been treated before Maine legalized marijuana.
What’s the biggest mistake I can make if I am arrested on a marijuana charges in Maine?
- Attempting to represent yourself (by far the biggest mistake you can make),
- Retaining an inexperienced or incompetent criminal defense attorney,
- Confessing,
- Speaking freely to the police (even if you are innocent),
- Consenting to a search on the mistaken belief that you “have to”.
Contact a Marijuana Defense Lawyer in Maine
Due to the uncertainties surrounding the law, it’s critical that you get help from an experienced attorney if you have been charged with a marijuana-related offense. Contact The Maine Criminal Defense Group online or call us directly at (207) 571-8146 today to schedule an appointment!
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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