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Maine

1. Overview of Cannabis and Hemp Laws

Cannabis:

  • Recreational Use: Recreational cannabis use was legalized in Maine through Ballot Question 1 in 2016, allowing adults 21 and older to possess and cultivate cannabis. Recreational cannabis regulations are outlined in Maine Revised Statutes, Title 28-B.
  • Medical Use: Medical cannabis has been legal since 1999 under the Maine Medical Use of Marijuana Act, with expanded access over the years to additional conditions and product types​.

Hemp Intoxicants and Synthetic THC:
Maine regulates hemp-derived intoxicants under an “Integrated with Cannabis” framework, meaning that these products are managed within the same regulatory structure as recreational cannabis​.

2. Historical Context

  • 1976: Maine decriminalized possession of small amounts of cannabis, becoming one of the first states to do so.
  • 1999: Medical cannabis was legalized through a state referendum.
  • 2016: Voters approved recreational cannabis legalization with Ballot Question 1, and adult-use sales began in 2020.
  • 2019: Maine incorporated synthetic THC products into its recreational cannabis regulatory framework​.

3. Recreational Cannabis Laws

  • Possession Limits: Adults 21 and older may possess up to 2.5 ounces of cannabis and cultivate up to three mature plants for personal use.
  • Cultivation: Home cultivation is permitted, allowing up to three mature plants per adult for personal use, as long as cultivation adheres to state requirements for secure and private settings.
  • Public Use: Public consumption of cannabis is prohibited; use is limited to private property.
  • Sale and Retail: Licensed dispensaries can sell recreational cannabis to adults 21 and older. The Maine Office of Cannabis Policy oversees licensing and regulation of retail operations​.

4. Medical Cannabis Laws

  • Patient Eligibility: Patients can qualify for medical cannabis with a physician’s recommendation for conditions such as chronic pain, epilepsy, PTSD, and others deemed appropriate by the recommending physician.
  • Product Access: Medical cannabis patients may purchase oils, capsules, edibles, and other product types, with purchase limits set by state guidelines.
  • Program Details: Maine’s medical cannabis program includes patient registration, options for caregivers, and permits for personal cultivation. Medical dispensaries are licensed and regulated by the Office of Cannabis Policy​.

5. Hemp-Derived Intoxicants

  • Regulatory Status: Maine manages hemp-derived intoxicants within the same framework as recreational cannabis, enforcing similar regulations and safety standards.
  • Testing and Labeling Requirements: Products must undergo testing for purity, potency, and safety. Labels must display THC content, origin, and a clear warning if the product is intoxicating.
  • Age and Retail Restrictions: Sales of hemp intoxicants are restricted to individuals aged 21 and over, and retailers must comply with the state’s cannabis business regulations​.

6. Criminal Penalties for Cannabis Offenses

  • Possession: Possessing more than the legal 2.5-ounce limit can result in civil fines or criminal charges, depending on the amount. Smaller possession offenses are decriminalized, but larger amounts face stricter penalties.
  • Sale and Distribution: Unlicensed sales or distribution are felonies, with penalties including potential jail time and substantial fines. Penalties increase for sales near schools or to minors.
  • Trafficking and Cultivation: Unauthorized large-scale cultivation and trafficking are serious offenses, carrying felony charges and lengthy prison sentences​.

7. Social Equity Programs

  • Eligibility Criteria: While Maine currently does not have a formal social equity program, state officials have indicated interest in developing one to address licensing disparities.
  • Licensing Benefits: No preferential licensing or fee reductions are offered for social equity applicants.
  • Additional Support: The state has not yet introduced training or support programs aimed at promoting equity in the cannabis industry​.

8. Business Types and Operations

  • Licensing Types: Maine offers licenses for recreational cannabis cultivation, manufacturing, retail, and testing facilities through the Office of Cannabis Policy, while medical dispensaries operate under a separate licensing system.
  • Regulatory Requirements: Cannabis businesses in Maine must comply with security, inventory tracking, employee training, and product testing requirements. All businesses are subject to regular inspections and reporting standards set by the state​.
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