Adult Use Cannabis (Recreational Marijuana) in Maine
Implementation
U.S. Dept. of Justice
Note: As a result of P.L. 2021, ch. 669 the word "marijuana" was replaced with the word "cannabis" in the Maine Revised Statutes except for in Title 17-A. As of March, 2023, we have updated this page to reflect this change except for where the old language is used in the title of a bill, law or state agency.
On November 8, 2016 Maine voters approved Question 1 and joined eight other states to have legalized the recreational use, retail sale and taxation of cannabis, also referred to as adult use cannabis. Following a recount and certification of election results the law was enacted as IB 2015, c. 5, “An Act to Legalize Marijuana”, and codified at the statutory citations listed in the Implementation section to the left.
For background information, the 2016 Maine Citizen’s Guide to the Referendum Election provides the following :
- Ballot wording of Question 1
- Text of the “Act to Legalize Marijuana”
- Summary
- Intent and Content Statement
- Fiscal Impact Statement
- Public comments in support and opposition
As with alcohol sales, municipalities can vote on whether or not to be a “dry town” regarding cannabis retail establishments and social clubs. Cannabis is still illegal at the federal level.
On January 27, 2017 the legislature approved a moratorium on implementing parts of the law regarding retail sales and taxation until at least February 2018, giving time to resolve issues and promulgate rules. The portion of the law that allows persons over 21 years to grow six mature plants and possess 2.5 ounces became effective on January 30, 2017. A 17-member special legislative committee, co-chaired by Sen. Roger Katz and Rep. Teresa Pierce, was formed to address the complex issues surrounding full implementation of the law. Also on January 30, 2017, Governor LePage issued Executive Order 2017-002 relating to rulemaking as it related to the moratorium. This was later rescinded by Executive Order 2017-007.
On May 2, 2018, the Legislature overrode the Governor's veto of LD 1719, An Act to Implement a Regulatory Structure for Adult Use Marijuana. As the title indicates, and according to the bill summary, the law will facilitate "the development and administration of a regulated marketplace in the State for adult use marijuana and the regulation of the personal use of marijuana and the home cultivation of marijuana for personal adult use pursuant to the Marijuana Legalization Act." LD 1719 was enacted as P.L. 2017, ch. 409. Information about the bill can be found here. P.L. 2017, ch. 409 took effect on 5/2/2018 upon override of the Governor's veto. It enacted Title 28-B of the Maine Revised Statutes and repealed 7 M.R.S.A. Chapter 417.
As stated in the preamble of P.L. 2017, ch. 409, "to facilitate the timely implementation of a retail marketplace in the State for adult use marijuana and adult use marijuana products, the agencies charged by law with the implementation, administration and enforcement of the Marijuana Legalization Act must adopt rules in accordance with that Act and the Legislature must review those rules in accordance with the Maine Administrative Procedure Act as soon as is practicable." A spokesman for the Maine Department of Administrative and Financial Services was quoted in a 5/2/2018 Bangor Daily News article as saying that the rulemaking process would take "no less than nine months" at which time the 129th Legislature would then have to approve them.
On June 27, 2019, Governor Mills signed into law 129th LD 719, which became P.L. 2019, ch. 491. Among other changes to Maine's adult use cannabis laws, P.L. 2019, ch. 491 requires several changes to the provisionally adopted rules. These rules were effective December 5, 2019. From the Office of Marijuana Policy (OMP) website: "On June 20, the Maine Legislature passed LD 719, An Act Regarding Adult Use Marijuana. The bill makes changes to the Marijuana Legalization Act and approves, with changes, the provisionally adopted major substantive rules developed by the Mills Administration for adult use marijuana. The law took effect on Thursday, September 19, 2019. Following the effective date, OMP has 60 days before it must finally adopt its adult use rules. The rules included in Chapter 1 are not in effect until 30 days after final adoption is completed."
The current statutes and regulations are linked at left.
We also have a webpage on medical cannabis (marijuana) in Maine.
News
Lawmakers eye limits on growers to keep marijuana boom from going bust - 4/22/2023
Lawmakers consider marijuana social clubs, boosting home grow - 3/13/2023
Maine's adult-use cannabis sales nearly doubled in 2022 - 1/9/2023
Maine junk shop sells to marijuana store in sign of a changing Route 1 - 8/8/2022
Maine's marijuana industry booming no thanks to banks - 6/26/2022
Maine is curbing illegal cannabis market at faster rate than other states with adult-use laws - 6/13/2022
Maine's 2 marijuana programs are unevenly regulated despite selling similar products - 4/25/2022
Marijuana delivery bill would allow access throughout Maine - 1/19/2022
Maine's recreational marijuana market may see only limited growth in the new year - 12/29/2021
Are pot-related problems on the rise? State lacks data to say for sure - 10/19/2021
After a year of growth, Maine's legal cannabis industry faces new challenges - 10/15/2021
Maine’s adult-use cannabis sales surpassed $10 million in August - 9/7/2021
Maine adult-use cannabis sales jumped 45% in July, to $9.4 million - 8/9/2021
Maine sales of recreational cannabis surpass $5 million in May - 6/8/2021
Office of Marijuana Policy seekings bids for public safety campaign - 3/17/2021
Numerous marijuana-related bills expected in next legislative session - 1/10/2021
Maine marijuana shops are seeing brisk business despite pandemic - 1/10/2021
216 vendors are still waiting to sell recreational pot in Maine - 12/3/2020
Maine records $1.4 million in recreational cannabis sales in first month - 11/23/2020
Small Maine marijuana caregivers sue over out-of-staters entering new adult-use market - 10/20/2020
First day of recreational pot sales in Maine yields $9,464 in sales taxes - 10/10/2020
Maine awards 1st active recreational marijuana licenses ahead of October retail sales - 9/8/2020
Federal judges sides with out-of-state cannabis businesses for equal treatment in retail licensing - 8/14/2020
State predicts 1st recreational cannabis sales by end of year - 7/29/2020
Marijuana collectors expected to help with testing in Maine - 6/30/2020
State decision to open adult-use marijuana market to non-residents sparks lawsuit - 5/31/2020
Maine drops residency requirement for recreational marijuana businesses - 5/11/2020
Maine legalized recreational pot 4 years ago but there are still no retailers. And now a new glitch - 5/11/2020
Virus worries may further delay start of recreational marijuana market - 3/24/2020
Maine marijuana company sues state over residency requirement - 3/23/2020
Maine issuing conditional licenses for 16 marijuana stores - 3/14/2020
Lawmakers strip secrecy and extraction rules out of marijuana bill - 3/9/2020
State no expects retail marijuana stores won't be open until June - 3/2/2020
State plan to 'harmonize' marijuana programs would wreak havoc, critics say - 2/26/2020
State's plan for special cannabis crimes unit sparks outrage - 2/26/2020
Guidance issued for advertising marijuana products in Maine - 2/21/20
Maine deems dozens of pot business applications complete - 2/19/20
Bill would drape secrecy over recreational cannabis - 2/9/2020
Lawmakers debate pros and cons of bill to allow home marijuana delivery - 1/27/2020
Maine's marijuana market in legislative spotlight - 1/27/2020
Forty companies apply for Maine cannabis licenses on first full day - 12/6/2019
After long wait, Maine to issue applications for 1st marijuana stores - 12/5/2019
The race is on for recreational marijuana licenses in Maine - 12/1/2019
Maine wants to phase in recreational cannabis testing - 11/22/2019
Maine finally ready to take applications for marijuana businesses - 11/4/2019
Maine could start accepting recreational marijuana retail applications by the end of the year - 10/25/2019
Maine adopts symbol for marijuana products - 10/21/2019
Maine on track for legal marijuana sales by spring 2020 - 10/6/2019
Confusion reigns as Maine rolls out its marijuana tracking system - 9/16/2019
With Mills' signature, Maine finally has rules for recreational marijuana market - 6/27/2019
Mills says she intends to sign law to allow marijuana sales in Maine - 6/25/2019
Recreational pot rules head to governor - 6/20/2019
Legal pot is coming to Maine, but will there be enough places to puff? - 6/16/2019
Maine might relax residency rules for legal pot businesses - 6/14/2019
Marijuana dispensary says it would be stifled by proposal requiring majority Maine ownership - 6/10/2019
Mainers can have their say about new recreational marijuana rules on Monday - 6/10/2019
Maine amends proposed marijuana rules to ease concerns - 6/5/2019
Maine tries again to enact marijuana rules before 3-year anniversary of legalization vote - 5/31/2019
Three years after voters legalized marijuana, Maine develops plan to begin sales - 5/24/2019
Maine hopes to avoid pitfalls during marijuana legalization push - 5/20/2019
One thing Maine's legal pot industry can't bank on: support of financial institutions - 5/13/2019
Legal pot hearing expected to draw huge crowd in Maine - 5/13/2019
Marijuana safety rules could be coming this year - 5/1/2019
Entrepreneurs see rules proposed for recreational pot as a sign of progress - 4/23/2019
Maine hires second marijuana consultant for $10,000 - 4/19/2019
Maine on track to launch recreational marijuana market this year, says state's pot czar - 4/10/2019
Maine hemp industry poised for growth as Mills signs bill allowing sales of CBD products - 3/27/2019
State hires director for its recreational marijuana program - 3/22/2019
New contract appeal may further delay Maine's rollout of marijuana sales - 3/6/2019
Maine's effort to track legal pot suffers another setback - 3/1/2019
Bill would let Maine stores resume sales of CBD edibles - 2/19/2019
Maine just signed a deal for a 'seed-to-sale' marijuana tracking system - 2/19/2019
Hemp supporters rally in Augusta after state directs retailers to pull CBD edibles off shelves - 2/5/2019
State orders stores to remove edibles with CBD from their shelves - 2/1/2019
Maine hires point person to roll out legal pot sales - 1/29/2019
Maine restarts search for consultant to help with pot rules - 1/28/2019
Timeline for Maine marijuana legalization is uncertain - 1/25/2019
Consulting deal falters, may cause new delay for Maine's recreational pot market - 1/24/2019
Maine taps Los Angeles consulting firm to help write recreational-marijuana rules - 12/7/2018
Two more added to Maine cannabis advisory commission - 12/5/2018
Questions lead to delay in Maine's cannabis consulting contract - 10/29/2018
Maine seeks consultant to craft rules and regulations for recreational pot sales - 9/13/2018
Maine cities, towns may gain control over all retail marijuana sales - 6/25/2018
Businesses see some clarity in Maine's new pot law, but delays are a concern - 5/3/2018
LePage veto fails, clearing way for recreational pot sales in Maine - 5/2/2018
Legislature overturns LePage's veto of recreational marijuana bill - 5/2/2018
LePage vetoes bill to launch Maine's recreational marijuana marketplace - 4/27/2018
Reduced home-grow limit offensive, pot advocates say - 4/23/2018
Recreational vs. medical: taxes divide pot advocates, LePage - 4/19/2018
Bill to launch recreational marijuana in Maine heads to LePage, who has vowed a veto - 4/17/2018
LePage says he'll veto bill to guide recreational marijuana market - 4/16/2018
Maine Senate approves recreational pot bill by veto-proof majority - 4/11/2018
Maine legal pot sales plan clears another big hurdle - 4/11/2018
Maine takes a big step toward retail marijuana sales - 4/10/2018
Maine House passes bill that would launch recreational marijuana market - 4/10/2018
First pot-business licenses would go to Maine residents of at least 4 years - 4/3/2018
Committee continues work on recreational marijuana legislation - 2/23/2018
Maine's pot legalization committee finds agreement on taxes, other regulations - 2/23/2018
Panel's marijuana regulation bill omits licensing of social clubs - 2/22/2018
Committee makes headway on recreational marijuana legislation - 2/21/2018
Lawmakers consider lowering number of marijuana plants Mainers can grow for personal use - 2/19/2018
As Maine's recreational pot law stalls, lawmakers seek to revamp medical marijuana program - 2/6/2018
Medical marijuana sales, caregivers and patient numbers decline - 2/2/2018
Maine lawmakers won't extend moratorium on pot sales, but it's still not for sale - 2/1/2018
Republican bill would allow more drug testing of Maine workers - 1/31/2018
Maine recreational pot sales delayed, but until when? - 1/30/2018
LePage likely to veto bill to extend pot sales moratorium - and seek longer delay - 1/24/2018
Lacking clarity from state, towns act to ban pot shops - 1/21/2018
Legislative panels vote to extend ban on adult-use pot, delay medical rules - 1/19/2018
Maine Attorney General joins push to let banks serve state-licensed pot businesses - 1/18/2018
Legalization panel makes concession, votes to delay social cannabis clubs until 2023 - 1/17/2018
Agreement reached on retail marijuana in Maine, but it could be again delayed - 1/10/2018
A-Z List 4/24/2023
A-Z List 4/24/2023