Maine Revised Statutes

§2452. Personal use of marijuana

1. Person 21 years of age or older.  A person 21 years of age or older may:
A. Use, possess or transport marijuana accessories and up to 2 1/2 ounces of prepared marijuana; [IB 2015, c. 5, §1 (NEW).]
B. Transfer or furnish, without remuneration, up to 2 1/2 ounces of marijuana and up to 6 immature plants or seedlings to a person who is 21 years of age or older; [IB 2015, c. 5, §1 (NEW).]
C. Possess, grow, cultivate, process or transport up to 6 flowering marijuana plants, 12 immature plants and unlimited seedlings, and possess all the marijuana produced by the plants at the adult's residence; [IB 2015, c. 5, §1 (NEW).]
D. Purchase up to 2 1/2 ounces of retail marijuana and marijuana accessories from a retail marijuana store; and [IB 2015, c. 5, §1 (NEW).]
E. Purchase up to 12 seedlings or immature plants from a retail marijuana cultivation facility. [IB 2015, c. 5, §1 (NEW).]
[ IB 2015, c. 5, §1 (NEW) .]
2. Home cultivation.  The following provisions apply to the home cultivation of marijuana for personal use by a person who is 21 years of age or older.
A. A person may cultivate up to 6 flowering marijuana plants at that person's place of residence, on property owned by that person or on another person's property with written permission of the owner of the property. [IB 2015, c. 5, §1 (NEW).]
B. A person who elects to cultivate marijuana shall ensure the marijuana is not visible from a public way without the use of binoculars, aircraft or other optical aids and shall take reasonable precautions to prevent unauthorized access by a person under 21 years of age. [IB 2015, c. 5, §1 (NEW).]
[ IB 2015, c. 5, §1 (NEW) .]
3. Legible tag on each marijuana plant.  A person 21 years of age or older must have a legible tag on each marijuana plant. The tag must include at least the person's name and Maine driver's license number or Maine identification number.
[ IB 2015, c. 5, §1 (NEW) .]
4. Exemptions.  The following exemptions apply.
A. Marijuana cultivation for medical use is not considered cultivation for personal use under this chapter and is governed by Title 22, section 2423-A. [IB 2015, c. 5, §1 (NEW).]
B. This section does not apply to cultivation by a registered dispensary licensed pursuant to Title 22, section 2428. [IB 2015, c. 5, §1 (NEW).]
[ IB 2015, c. 5, §1 (NEW) .]
5. Use.  A person may consume marijuana in a nonpublic place including a private residence.
A. The prohibitions and limitations on smoking tobacco products in specified areas in Title 22, chapters 262 and 263 apply to smoking marijuana. [IB 2015, c. 5, §1 (NEW).]
B. A person who smokes marijuana in a public place other than as governed by Title 22, chapters 262 and 263 commits a civil violation for which a fine of not more than $100 may be adjudged. [IB 2015, c. 5, §1 (NEW).]
C. This subsection may not be construed to shield any adult from federal prosecution. [IB 2015, c. 5, §1 (NEW).]
D. This subsection may not be construed to allow any adult to possess or consume marijuana on federal property. [IB 2015, c. 5, §1 (NEW).]
[ IB 2015, c. 5, §1 (NEW) .]
SECTION HISTORY
IB 2015, c. 5, §1 (NEW).