Maine Laws – Marijuana
Maine is one of seventeen states that allows marijuana to be possessed for medical purposes. Maine citizens must first apply for the treatment according to a physician’s recommendation. Individuals must then receive medical clearance. By law those eligible may only possess particular amounts at one time and may only cultivate a particular number of plants at one time. When an individual with the privileges to possess medical marijuana violates this law, he or she is then subject the same punishments as an individual without medical marijuana privileges.
Possession
Possession laws in Maine are different than the marijuana possession laws of other states. Because some may legally possess marijuana, punishments for possession are not as severe as other states. Possessing less than 1.25 ounces of marijuana is considered a civil violation and is punishable by a fine between three hundred fifty dollars and six hundred dollars. There is no incarceration penalty for this crime; however any subsequent crimes within six months of the first will have an automatic five hundred-dollar fine.
Cultivation
The cultivation of fewer than five plants is considered a Class E Misdemeanor and is penalized through six months of incarceration with or instead of a fine of one thousand dollars. The cultivation of five to ten plants is a Class D Misdemeanor in the state of Maine and is punishable by a fine of two thousand dollars with or instead of imprisonment of one year.
The cultivation of one hundred to five hundred plants is considered a Class C Felony offense and is penalized by a fine of five thousand dollars with or instead of imprisonment of five years. Cultivating more than five hundred plants is considered a Class B Felony offense and is punishable by ten years of incarceration with or instead of a fine of twenty thousand dollars.
Sale
Selling less than one pound of marijuana is considered a Class D Misdemeanor and can result in one year of imprisonment with or instead of a two thousand-dollar fine. Selling between one and twenty pounds is considered a Class C Felony offense and is punishable by a fine of five thousand dollars with or instead of five years in prison.
The sale of more than twenty pounds of marijuana is considered a Class B Felony and can result in ten years of imprisonment with or instead of a twenty thousand-dollar fine. Selling to minors increases a punishment, but selling on or within one hundred feet of a school bus or school property is a felony offense. Penalties for this crime include incarceration of five years with or instead a five thousand-dollar fine.
Paraphernalia
While Maine has not created charges in regards to trafficking, charges in regards to marijuana paraphernalia are less severe than sale or cultivation charges. Using and possessing paraphernalia is a civil violation, resulting in a fine of three hundred dollars.
Selling paraphernalia is a misdemeanor that results in six months of imprisonment with or instead of a one thousand-dollar fine. Selling paraphernalia to a minor is also a misdemeanor and can result in one year of imprisonment with or instead of a two thousand-dollar fine.