Maine marijuana regulators have issued new guidance allowing outdoor-only medical marijuana caregivers to maintain seedlings and immature plants during January and February 2027, even though the newly enacted law establishing the cultivation category does not technically authorize them to do so.
The Maine Office of Cannabis Policy (OCP) issued the guidance on August 27 in response to questions about the state’s new Outdoor Only Cultivation registration option, which took effect July 29 under legislation approved earlier this year.
Under the law, outdoor-only caregivers may cultivate between March and December up to 150 mature marijuana plants, 300 immature plants and an unlimited number of seedlings. Alternatively, caregivers can use canopy limits of up to 2,500 square feet for mature plants and 5,000 square feet for immature plants.
The problem, according to OCP, is that the statute’s March-through-December language applies not only to mature plants but also to immature plants and seedlings.
“As written, P.L. 2025, ch. 514 does not allow” caregivers to maintain immature plants and seedlings during January and February, the agency said.
However, OCP said it understands the Legislature’s intent to have been to restrict mature outdoor cultivation to the statutory growing season while allowing caregivers to keep nonflowering immature plants and seedlings alive through the winter in preparation for the next outdoor season.
As a result, regulators will allow outdoor-only caregivers to maintain those plants during January and February 2027 while giving lawmakers an opportunity to clarify the statute. If the Legislature does not change or clarify the provision during its next session, OCP says outdoor-only caregivers will be required to stop all cultivation activity during January and February beginning January 1, 2028. The March-through-December limitation on mature plants remains in effect.
The guidance also clarifies that caregivers choosing outdoor-only cultivation may have more than one harvest between March and December, provided each harvest stays within the caregiver’s authorized plant-count or canopy limits. Outdoor cultivation areas do not have to rely exclusively on sunlight, but must primarily use sunlight for mature plants.
Outdoor cultivation areas must also be secured by a chain-link or stockade fence at least six feet high. OCP says snow fencing, livestock fencing and welded-wire fencing do not satisfy the state’s security requirements.
Caregivers may use the state’s change/reissue form once to switch from standard indoor/outdoor cultivation to outdoor-only cultivation through July 29, 2027. After that date, caregivers will generally be required to retain the cultivation type selected when applying for or renewing their registration.
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