NOTICE: While growing, selling, and using medical marijuana is legal in Maine, it is prohibited under federal law. The federal government may at any time prosecute marijuana possession and sales.

Growing, possessing, and using marijuana for recreational use is legal in Maine with certain restrictions. However, it is still a crime under federal law. Selling recreational marijuana is a crime under both Maine and federal law.

The federal government classifies marijuana as a Class I substance, carrying the highest penalties for possession and sales.

The legal advice that I provide is not intended to assist you with violating or complying with any federal laws.

Law Office of Tammie L. Snow

136 Commercial Street, Mezzanine

Portland, Maine 04101

MaineMarijuanaAttorney.com

tammie@tsnowlegal.com

207.558.4300 

Member NORML

Legal Committee

© 2019 by Law Office of Tammie L. Snow. 

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Medical Cannabis Legal Information

Cultivating Medical Cannabis

Maine's medical cannabis laws changed on December 13, 2018. The following information reflects the new laws.

I want to grow medical cannabis to sell to patients and other caregivers. How can I do that in Maine?

You need a Maine medical marijuana caregiver's license. To qualify, you must be a Maine resident, and you cannot have any disqualifying drug felonies. The annual fee is $1,231 to grow the maximum number of plants.

Once you get your license, you can grow a maximum of 30 flowering plants and 60 vegatative plants. You can also have unlimited number of seeds and seedlings (no bigger than 24" from the base of the stalk to the fartherest tip).

You can sell as much as you produce to patients with physician certificates. You can also wholesale 75% of your stock to other caregivers.

Am I limited to 5 patients?

Not anymore. Patients, including out-of-state patients also are no longer required to sign designation forms.

 

Which out-of-state patients can I sell to?

 

Alaska, Arizona, Arkansas, California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, Vermont, Washington, and Washington, DC

The patient card must be from the same state as patient's state identification. (California issues patient cards to out-of-staters. You cannot accept these cards.)

 

How much can I possess and sell? 

There is no limit on the amount of marijuana and marijuana products that a caregiver can possess. You can sell up to 2 1/2 ounces of flower (5 grams of concentrate) in a single transaction to in-state patients. You can sell the same amount to out-of-state every 15 days.

What medical conditions qualify for a patient certification in Maine?

Any condition that a registered health care provider thinks that medical cannabis will help.

Do I have to collect sales taxes on the medical cannabis that I sell?

Yes. 5 1/2% for everything except edibles; 8% for edibles. You will need to get a tax certificate from the state.

Can I grow and sell anywhere that I want in the state?

The state does not restrict where a caregiver can grow and sell, but many municipalities do. You need to check on local ordinances before you start up a caregiver business. 

Can you help me work with my town?

Yes. I can look at ordinances and restrictions, help you with use permit applications, and go with you to planning board meetings.

How many employees can I have?

You can have as many employees -- called "assistants" -- as you want. Assistants must register with the state and must meet the same qualifications as caregivers. Assistants may be either employees or contractors. The IRS is very strict about employee classifications, so you need to make sure that any contractors meet IRS requirements. As an employer, you must follow all state employment laws.

Manufacturing Medical Cannabis Products

To extract, distill, make edibles, or make other non-flower products, you need to notify the state in writing of your intent. Soon, the state will have medical marijuana manufacturing licenses. If you haven't sent your written notification of intent, you can be denied a license. Stay tuned for more.

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