Maine
Equity Project State Briefing
Legal Status
Is Cannabis Legal in Maine?
- Adult-Use:
- Medical:
Cannabis in Maine is legal for both medical and adult use.
Date of Legalization
- Adult-Use:
- Medical:
Maine legalized medical cannabis on November 2, 1999, through a voter initiative. Maine went on to legalize cannabis for adult use in 2016.
Program rules can be found at: https://www.maine.gov/dafs/omp/sites/maine.gov.dafs.omp/files/inline-files/Administrative_Rule_18-691_CMR_ch1-Adult_Use_Marijuana_Program_Rule.pdf
Possession Limits
Within the adult use framework, adults 21 years or older may use, possess or transport at any one time up to 2.5 ounces of marijuana or 2.5 ounces of a combination of marijuana and marijuana concentrate that includes no more than 5 grams of marijuana concentrate. Adults within their private residence may cultivate at any one time up to 3 mature marijuana plants. Within the medical framework patients may be in possession of up to 2.5 ounces of prepared marijuana and a total of up to 6 mature marijuana plants.
Other Licensing Provisions
License Caps
- License Caps:
Maine does not limit the number of available licenses at the state level. However, municipalities must proactively opt in to participate in the adult use sector within their jurisdiction.
Source:
Application Selection Process
- Selection System:
Maine has a merit-based award system used to distribute adult use licenses.
Source:
Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
- Exemption for Cannabis Offenses:
Maine’s adult use framework disqualifies applicants for cannabis licensure on the basis of their conviction history. The department may not issue a license if an applicant has been convicted of a disqualifying drug offense. A Disqualifying drug offense is a conviction for a violation of a state or federal controlled substance law that is a crime punishable by imprisonment for one year or more. A disqualifying drug offense does not include an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed 10 or more years prior to the submission of an application for a license under this Rule; or cannabis convictions related to conduct legalized under the act.
Employee Criminal Records
- Conviction Restrictions for Employees:
- Exemption for Cannabis Offenses:
Within Maine’s adult use framework, cannabis employees must carry an individual identification card issued by the Department. Individuals must be denied employment if they have been convicted of a disqualifying drug offense. Disqualifying drug offenses include controlled substance convictions within the last ten years, but does not include cannabis convictions related to conduct legalized under the act.
The Department may deny an identification card to a person who has been convicted of an offense involving dishonesty, deception, misappropriation or fraud.
Source:
Availability of Expungements
- Expungements:
Maine has no authority for sealing or expunging adult convictions. There are no record cleaning options to expunge cannabis convictions for activity which is now legal under state law.
Social Equity
Social Equity Definition / Criteria
Maine does not have a state social equity program.
Social Equity Provisions
Maine does not have a state social equity program.
License Priorities and Set Asides
Maine does not have any specific licensure set asides for social equity operators, nor is there any state level licensing priority given for social equity applicants.
Fee Waivers and Reductions
Maine does not offer fee waivers or reductions for application or licensure fees.
Other Financial Support for Social Equity Applicants and Licensees
Maine does not offer state level funding to support individuals who have been disproportionately harmed by cannabis prohibition.