Marijuana is legal in Maine for adults 21 and older, including possession, purchases from licensed stores and home cultivation. Maine also operates a separate medical marijuana program that provides qualifying patients with higher possession limits, home-growing rights and lower taxes.
Adults may possess up to 2.5 ounces of marijuana, including no more than 10 grams of marijuana concentrate. Maine also allows adults to grow up to six mature marijuana plants, 12 immature plants and an unlimited number of seedlings for personal use.
Maine voters approved recreational marijuana legalization in 2016, and licensed adult-use retail sales began October 9, 2020. The state’s adult-use market is regulated by the Maine Office of Cannabis Policy.
This page covers Maine possession limits, marijuana purchases, home cultivation, medical marijuana, taxes, public consumption, delivery and penalties. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 13, 2026
Maine Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Legal for adults 21 and older |
| Adult possession limit | 2.5 ounces total, including no more than 10 grams of concentrate |
| Recreational sales | Legal |
| Recreational home grow | 6 mature plants, 12 immature plants and unlimited seedlings per adult |
| Medical marijuana | Legal |
| Medical possession limit | Up to 8 pounds of harvested marijuana for qualifying patients |
| Medical home grow | 6 mature plants, 12 immature plants and unlimited seedlings per patient |
| Public consumption | Illegal |
| Adult-use delivery | Legal |
| Adult-use sales tax | 14% |
| Medical marijuana tax | Generally 5.5%; 8% for prepared food containing medical marijuana |
| Minimum recreational age | 21 |
Is Recreational Marijuana Legal in Maine?
Yes. Recreational marijuana is legal in Maine for adults 21 and older.
Adults may possess, purchase and use marijuana within state limits and may grow marijuana for their own personal use. Licensed adult-use stores are allowed in municipalities that have chosen to authorize them.
Maine’s recreational marijuana law applies to both residents and visitors who are at least 21. The Office of Cannabis Policy specifically describes the adult-use program as serving Maine residents and visitors over age 21.
How Much Marijuana Can You Possess in Maine?
An adult 21 or older may possess up to 2.5 ounces of marijuana or a combination of marijuana and marijuana concentrate.
Within that 2.5-ounce total, no more than 10 grams may consist of marijuana concentrate.
Adults who legally grow marijuana at home may also possess all marijuana produced by their authorized plants at their residence or at the location where the plants were cultivated. That home-grown marijuana is treated separately from the ordinary 2.5-ounce possession limit when kept at the authorized location.
How Much Marijuana Can You Buy in Maine?
An adult 21 or older may purchase up to 2.5 ounces of adult-use marijuana, or a combination of marijuana and concentrate totaling no more than 2.5 ounces, from a licensed store.
The purchase may include no more than 10 grams of marijuana concentrate.
Consumers may purchase marijuana flower, concentrates, edibles and other products authorized under Maine’s regulated adult-use system.
Can Tourists Buy Marijuana in Maine?
Yes. Adults 21 and older visiting Maine may purchase recreational marijuana from licensed adult-use stores.
Maine does not impose a separate lower possession limit on nonresidents. Visitors are subject to the same 2.5-ounce total possession limit, including the maximum of 10 grams of concentrate.
Marijuana purchased in Maine cannot legally be transported across state or international borders. Maine regulators specifically remind consumers that marijuana purchased in the state must remain in Maine because interstate transportation remains prohibited under federal law.
Can You Grow Marijuana at Home in Maine?
Yes. Maine has some of the more permissive recreational home cultivation laws in the country.
Each adult 21 or older may cultivate up to:
- 6 mature marijuana plants
- 12 immature marijuana plants
- An unlimited number of seedlings
The six-plant limit applies per adult, rather than per household.
A person may grow on property where the person lives, on other property the person owns or on another person’s property if the owner provides written permission.
Plants cannot be visible from a public way without the use of aircraft, binoculars or other optical aids. Growers must also take reasonable precautions to prevent unauthorized access by people younger than 21 and must properly tag mature and immature plants.
Municipalities may regulate home cultivation, but they generally cannot completely prohibit it. Local rules must still allow each adult domiciled on the property to cultivate six mature plants, 12 immature plants and unlimited seedlings.
Is Medical Marijuana Legal in Maine?
Yes. Maine has a well-established medical marijuana program separate from its adult-use market.
Qualifying patients may purchase marijuana from registered dispensaries and caregivers and may also cultivate marijuana themselves. Maine’s medical program provides significantly higher possession limits than the recreational system.
Unlike many states, Maine does not maintain a centralized list or registry of qualifying patients. Patients obtain a written certification from an authorized medical provider.
What Conditions Qualify for Medical Marijuana in Maine?
Maine does not use a fixed list of qualifying medical conditions.
The state repealed its list of qualifying conditions for adult patients in 2018 and later eliminated the pediatric list as well. A physician, certified nurse practitioner or physician assistant may issue a medical marijuana certification when, in the provider’s professional opinion, the patient is likely to receive therapeutic or palliative benefit from marijuana for a medical diagnosis.
This gives Maine medical providers considerably broader discretion than providers in states that restrict medical marijuana eligibility to a specific statutory list.
A written certification may remain valid for up to one year.
How Much Marijuana Can a Medical Patient Possess in Maine?
A qualifying Maine medical marijuana patient may possess up to eight pounds of harvested marijuana.
That is substantially higher than the recreational possession limit of 2.5 ounces.
Registered dispensaries may transfer up to 2.5 ounces of harvested marijuana to a qualifying patient in a single transaction. Different rules apply to visiting patients, who may receive no more than 2.5 ounces during a 15-day period.
Can Medical Marijuana Patients Grow at Home in Maine?
Yes.
A qualifying medical marijuana patient may cultivate up to six mature marijuana plants, 12 immature plants and an unlimited number of seedlings.
A patient may grow the plants personally or designate an authorized caregiver to cultivate on the patient’s behalf, but the combined number attributable to the patient may not exceed six mature plants and 12 immature plants.
Patients who grow their own marijuana may also possess the harvested marijuana authorized under Maine’s medical-use law.
What Are the Benefits of Being a Medical Marijuana Patient in Maine?
Although recreational marijuana is legal, Maine’s medical program still provides several meaningful advantages.
The largest are the much higher possession limit and lower taxes. A qualifying patient may possess up to eight pounds of harvested marijuana, compared with the ordinary 2.5-ounce recreational limit.
Medical marijuana is also generally taxed at 5.5%, while prepared food containing medical marijuana is taxed at 8%. Adult-use marijuana is taxed at 14% as of January 1, 2026.
Medical patients also retain access to Maine’s network of registered caregivers and medical dispensaries in addition to their home cultivation rights.
Does Maine Accept Out-of-State Medical Marijuana Cards?
Maine recognizes medical marijuana credentials from numerous other states and Washington, D.C.
A visiting patient whose home jurisdiction is approved by the Maine Office of Cannabis Policy may use a valid state-issued medical marijuana card, certification or equivalent documentation to purchase medical marijuana while visiting Maine.
Approved visiting patients may purchase up to 2.5 ounces of medical marijuana and marijuana products during a 15-day period. They may not cultivate marijuana plants in Maine or transfer their medical marijuana to another person.
Because Maine’s approved-state list can change, visitors should check the Office of Cannabis Policy’s current reciprocity list before relying on an out-of-state credential.
Where Can You Use Marijuana in Maine?
Marijuana consumption is generally limited to private locations.
An adult may consume marijuana at a private residence or on private property that is not generally accessible to the public when the property owner explicitly permits consumption.
Smoking, vaping or eating marijuana in public is prohibited.
A violation of Maine’s public-consumption restrictions is a civil violation carrying a fine of up to $100.
Property owners may also prohibit marijuana use on their property even when possession itself would otherwise be legal.
Can You Use Marijuana in a Car in Maine?
No.
Neither the driver nor passengers may consume marijuana in a vehicle traveling on a public way. Driving while impaired by marijuana is also illegal and may result in an operating-under-the-influence charge.
Legalization does not provide a defense for impaired driving.
Can You Give Marijuana to Another Adult in Maine?
Yes, within limits.
An adult 21 or older may give another adult up to 2.5 ounces of marijuana or a combination of marijuana and concentrate that includes no more than 10 grams of concentrate, provided no payment or other compensation is received.
Adults may also give another adult up to six immature marijuana plants or seedlings.
Maine defines compensation broadly. A purported “gift” tied to a purchase, donation or other payment can therefore fall outside the state’s legal gifting protections.
Is Marijuana Delivery Legal in Maine?
Yes. Maine allows licensed adult-use marijuana businesses to provide delivery service.
A licensed store may deliver marijuana, marijuana products, seeds, seedlings and immature plants. Deliveries to private residences are allowed even when the municipality where the customer lives has not opted into adult-use marijuana retail stores.
Only the person who placed the order may receive it.
Adult-use deliveries are generally prohibited between 10 p.m. and 7 a.m., although municipalities may further restrict the selling hours of the store providing the delivery.
Can Local Governments Ban Marijuana Stores in Maine?
Yes.
Maine uses an opt-in system for adult-use marijuana establishments. A municipality must affirmatively authorize marijuana businesses before an adult-use cultivation facility, manufacturer, testing facility or retail store can operate there.
This means recreational marijuana possession and home cultivation may be legal statewide while licensed retail stores are unavailable in some municipalities.
Municipalities generally cannot prohibit lawful adult-use delivery to a private residence simply because the town has not opted into marijuana stores.
How Is Recreational Marijuana Taxed in Maine?
Maine imposes a 14% sales tax on adult-use marijuana and marijuana products.
The rate increased from 10% to 14% effective January 1, 2026.
Medical marijuana remains subject to substantially lower rates. Most medical marijuana is taxed at 5.5%, while prepared food containing medical marijuana is taxed at 8%.
The lower tax rate is one of the practical benefits of remaining in Maine’s medical program even though recreational marijuana is legal.
What Are the Penalties for Illegal Marijuana Possession in Maine?
Adults 21 and older may legally possess up to 2.5 ounces within the limits of Maine’s Cannabis Legalization Act.
Possession above the legal limit can become a criminal offense.
| Amount Illegally Possessed | Classification | General Maximum Sentence |
|---|---|---|
| More than 2.5 ounces through 8 ounces | Class E crime | Up to 6 months imprisonment and up to a $1,000 fine |
| More than 8 ounces through 16 ounces | Class D crime | Less than 1 year imprisonment and up to a $2,000 fine |
| More than 1 pound through 20 pounds | Class C crime | Up to 5 years imprisonment and up to a $5,000 fine |
| More than 20 pounds | Class B crime | Up to 10 years imprisonment and up to a $20,000 fine |
These criminal possession thresholds do not apply to marijuana possessed in a manner expressly authorized under Maine’s adult-use or medical marijuana laws.
People younger than 21 who are not qualifying medical patients face separate penalties. Possession of up to 1.25 ounces by someone younger than 21 is a civil violation carrying a fine of $350 to $600. Possession of more than 1.25 ounces through 2.5 ounces carries a fine of $700 to $1,000.
What Are the Penalties for Growing Too Many Marijuana Plants?
Maine’s criminal code prohibits marijuana cultivation that falls outside the protections of the adult-use and medical marijuana laws.
Unauthorized cultivation of five or fewer plants is generally a Class E crime. More than five but fewer than 100 plants is a Class D crime, 100 to fewer than 500 plants is a Class C crime and 500 or more plants is a Class B crime.
Lawful adult-use cultivation of up to six mature plants, 12 immature plants and unlimited seedlings is expressly protected when the grow complies with Title 28-B.
What Changed With Maine Marijuana Laws in 2026?
One of the most noticeable changes for consumers came on January 1, when Maine’s adult-use marijuana sales tax increased from 10% to 14%. Medical marijuana tax rates remained substantially lower.
Maine also enacted several marijuana-related laws during the second regular session of the 132nd Legislature that took effect July 29.
One change expanded where medical marijuana may be sold or transferred, allowing qualifying sales at marijuana trade shows and other industry-related events and in certain public spaces where such activity is not otherwise prohibited. The change did not authorize public marijuana consumption at those events.
Lawmakers also established a new outdoor-cultivation category for certain registered medical marijuana caregivers and made related changes affecting commercial outdoor cultivation. Those changes did not reduce the personal home-growing rights of recreational consumers or qualifying patients.
Are THCA, Delta-8 and Hemp-Derived THC Legal in Maine?
Maine allows hemp-derived products, including some intoxicating products, but places additional restrictions on them. State law specifically treats delta-8 THC and several other THC variants as potentially intoxicating cannabinoids, and potentially intoxicating hemp products may only be sold to people 21 and older. Certain products must also use child-resistant and tamper-evident packaging.
THCA-rich hemp is more complicated. Hemp must comply with state and federal hemp requirements, including THC testing rules that account for the THC that can be produced from THCA. Products that do not qualify as legal hemp instead fall under Maine’s separately regulated marijuana laws. Adults 21 and older can legally purchase marijuana flower and other THC products through licensed adult-use retailers.
Related Marijuana Laws and Protections
Residents should also be aware that legalization does not eliminate restrictions on impaired driving or guarantee workplace protections. See our guides to marijuana DUI laws by state and marijuana employment laws for a broader look at how Illinois compares with other states.
People with past marijuana convictions may also qualify for record-clearing relief. Our Marijuana Expungement Laws by State guide explains how all 50 states handle expungement and related relief.
Official Sources
Maine Office of Cannabis Policy: Adult Use Cannabis Program
Maine Revised Statutes §1501: Personal Adult Use of Cannabis
Maine Revised Statutes §1502: Home Cultivation for Personal Adult Use
Maine Revised Statutes §2423-A: Medical Marijuana Patient Possession and Cultivation
Maine Office of Cannabis Policy: Medical Marijuana FAQs
Maine Revenue Services: Sales and Use Tax Rates
