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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A Products Manufacturing Facility License will let you make marijuana products, such as edibles, extractions, distillates, tinctures, balms, and lotions.

 

With this license, you can sell your products to retail stores and other manufacturing facilities, but not to consumers.

 

You cannot grow with this license. However, you can get both a cultivation facility and a manufacturing facility license if you want to grow and make products. You must apply for each license separately.

 

If you want to make edibles, you must have a commercial kitchen license.

The application fee for a manufacturing facility license will be no more than $250 (nonrefundable). The annual fee will be no more than $2,500.

Marijuana Store License will let you sell marijuana and marijuana products to anyone who is 21 or older.

 

It will also let you buy from cultivation facilities and manufacturing facilities.

 

This license will not let you grow marijuana or prepare marijuana products. However, you can get a cultivation license and/or a manufacturing license along with a store license. You must apply for each license separately.

 

Besides marijuana and marijuana products, a store can sell immature marijuana plants and seedlings (but not mature plants) and non-marijuana products, such as sodas, candies, baked goods, clothing, and souvenirs. 

The application fee for a marijuana store license will be no more than $250 (nonrefundable). The annual fee will be no more than $2,500.

Testing Facility License will let you develop, research, and test marijuana and marijuana products. If you have a testing facility license, you cannot have any other adult-use marijuana license.

The application fee for a testing facility license will be no more than $250 (nonrefundable). The annual fee will be no more than $1,000.

Social Club License will let you sell marijuana and marijuana products. Customers will only be able to use the products in the social club.

 

There has been a real battle over social club licenses. The licenses will not be available until at least June 2023, and they may never in fact become available.

The application fee for a social club license will be no more than $250 (nonrefundable). The annual fee will be no more than $2,500.

Licensing Requirements

The proposed law outlines several requirements for getting any adult-use marijuana license. After the final law passes, the various agencies overseeing Maine's adult-use marijuana will draft more requirements.

Any person and any business's officers, directors, managers, members, and partners must be 21 or older and must have been Maine residents for two years before the application date. The majority of shares or ownership interests must be held by Maine residents who are 21 or older and who have been residents for two years before the application date.

The state will do a criminal history check on every person applying for a license and every person connected to a business license. This will include employees, contractors, owners, managers, officers, and support staff. Criminal convictions for certain felony drug offenses and crimes involving dishonesty, deception, misappropriation, or fraud (such as embezzlement and theft) will cause disqualification. However, the licensing agency will look at rehabilitation, character references, educational success, and the length of time since the conviction for non-drug offenses.

The state will want to see IRS and Maine income tax returns for the two years before the license application. Unpaid tax liens levied within five years of the application date will cause the applicant to be disqualified.

Any business applying for a license must be incorporated or formed under Maine law.

The following will not be allowed licenses either individually or as part of a business: employees of the agencies that oversee adult-use marijuana, law enforcement or corrections officers, and those who have had medical or recreational licenses revoked in Maine or in any other state.

Town Control

Towns will have a lot of control over marijuana businesses. Town will be required to actively opt in to allowing recreational marijuana businesses.

 

Before the state fully grants a license, the town must give its approval.

 

Towns must require and approve site plans for all marijuana businesses. Towns can also put in place reasonable land use regulations and ordinances.

This is only a brief overview of the proposed law which has not yet been enacted. It is subject to change. If you have more questions, call me at 207-558-4300.