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 This was later rescinded by Executive Order 2017-007.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

The library has an extensive collection of news clippings relating to adult use cannabis (recreational marijuana). Please contact a librarian for more information on available news.