Is marijuana legal in Maine?
Yes. As of 2026, marijuana (weed) is legal in Maine for adults 21 and older, who can buy it at licensed cannabis stores and grow plants at home. Medical cannabis is also legal.
Status checked November 4, 2026
Contents
Marijuana laws in Maine
Maine voters legalized adult-use cannabis by passing Question 1 on November 8, 2016. Personal possession took effect in early 2017, and licensed retail sales followed under the Cannabis Legalization Act, Title 28-B. Medical cannabis has been legal since voters approved Question 2 in 1999.
Adults 21 and older may possess or transport up to 2 1/2 ounces of cannabis, or 2 1/2 ounces of a mix of cannabis and concentrate that includes no more than 10 grams of concentrate. They may give the same amount, without payment, to another adult. They may also cultivate up to 6 mature plants, 12 immature plants and an unlimited number of seedlings, and keep all the cannabis those plants produce at the residence or the place it was grown.
Licensed cannabis stores sell to adults 21 and older. The Office of Cannabis Policy regulates adult-use and medical businesses. Municipalities may add local rules for home grows, but they cannot generally ban an adult who lives on a parcel from growing the six mature plants the statute allows.
People under 21 may not possess adult-use cannabis. Smoking in public is not among the lawful personal-use acts. Employers may restrict workplace use and discipline employees who are under the influence at work. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Maine State Capitol, Augusta Photo: Adobe Stock (editorial use only).
What the law says
Legal
- Use, possess or transport at any one time up to 2 1/2 ounces of cannabis or 2 1/2 ounces of a combination of cannabis and cannabis concentrate that includes no more than 10 grams of cannabis concentrate
- Possess, cultivate or transport at any one time up to 6 mature cannabis plants, 12 immature cannabis plants and an unlimited number of seedlings and possess all the cannabis produced by such plants at the person's place of residence or at the location where the cannabis was cultivated
Not legal
- A person who is under 21 years of age may not possess cannabis.
- A person who is under 21 years of age who possesses a usable amount of cannabis commits a civil violation for which a fine of not less than $350 and not more than $600 must be adjudged for possession of up to 1 1/4 ounces of cannabis
- Is not required to permit or accommodate the use, consumption, possession, trade, display, transportation, sale or cultivation of cannabis or cannabis products in the workplace
Quoted from Maine Title 28-B §1501.
How old do you have to be to use marijuana in Maine?
You have to be 21 to buy weed in Maine for adult use. Licensed cannabis stores may sell only to adults 21 and older. Medical cannabis is separate and is available to qualifying patients, including minors with a caregiver, under the Maine Medical Use of Cannabis Act. A person under 21 who possesses a usable amount of adult-use cannabis commits a civil violation, with a fine of $350 to $600 for up to 1 1/4 ounces and $700 to $1,000 for more than that, up to 2 1/2 ounces.
How much marijuana can you have in Maine?
Adults 21 and older in Maine can have up to 2 1/2 ounces of cannabis, or 2 1/2 ounces of a mix of cannabis and concentrate that includes no more than 10 grams of concentrate. You can also give that amount, without payment, to another adult. At home, you can keep all the cannabis produced by your lawful plants at your residence or where the plants were grown. State law does not set a separate car limit; the 2 1/2-ounce cap applies when you possess or transport cannabis.
Where can you buy marijuana in Maine?
You can buy weed in Maine at licensed cannabis stores, which sell to adults 21 and older. The Office of Cannabis Policy licenses adult-use stores. Medical patients buy through the medical program, including registered caregivers and dispensaries. There is no state residency requirement in the adult-use possession and purchase rules for people 21 and older. Buying from an unlicensed seller is not legal.
Can you grow marijuana at home in Maine?
Yes. Adults 21 and older in Maine can grow up to 6 mature cannabis plants, 12 immature plants and an unlimited number of seedlings. The plants cannot be visible from a public way without binoculars or other optical aids, and you must take reasonable precautions to keep them away from people under 21. Each mature and immature plant needs a tag with your name and ID number. Cities may add local rules but cannot generally stop an adult who lives on a parcel from growing those six mature plants.
Where can you use marijuana in Maine?
You can smoke weed in Maine on private property as part of the lawful personal adult use of cannabis. Title 28-B lists possessing, using and transporting up to 2 1/2 ounces as lawful for adults 21 and older; it does not create a right to smoke in public places, at schools or on someone else's property against their rules. Landlords and property owners can set their own rules. Smoking or using cannabis while driving is not protected.
How do you get a medical marijuana card in Maine?
To get a medical marijuana card in Maine, you apply to the Office of Cannabis Policy for a registry identification card under the Maine Medical Use of Cannabis Act. You need a qualifying medical condition and a certification from a medical provider. The card lets patients and caregivers possess and obtain medical cannabis through the medical program, including registered caregivers and dispensaries. Visiting patients from some other states may qualify under OCP's visiting-patient rules.
Can visitors buy or use marijuana in Maine?
Yes. Out-of-state visitors can buy marijuana in Maine if they are 21 or older, because the adult-use law has no residency requirement for personal possession or store purchases. Visitors follow the same 2 1/2-ounce limit and public-use rules as residents. Medical visitors may also buy if they qualify under the Office of Cannabis Policy's visiting-patient program, which uses an approved list of states. Taking cannabis out of Maine across state lines remains illegal under federal law.
What are the rules on driving and marijuana in Maine?
No, you can't drive high in Maine. The adult-use law does not protect operating a vehicle while impaired by cannabis, and Maine's OUI law covers driving under the influence of drugs, including marijuana. Having cannabis in the car within the 2 1/2-ounce possession limit is not the same as being allowed to drive impaired. Maine law does not set a THC blood limit in the adult-use statute.
Can an employer in Maine fire you for using marijuana?
Yes, you can get fired for using marijuana in Maine in many jobs. Title 28-B section 112 says an employer is not required to allow cannabis in the workplace, may adopt policies restricting use at work or while an employee is working, and may discipline employees who are under the influence at work. The medical cannabis law has its own employment rules, but the adult-use chapter does not create a general right to use cannabis off the job without consequences.
What are the penalties for breaking marijuana laws in Maine?
In Maine, adults 21 and older who stay within the 2 1/2-ounce and home-grow limits are not committing a state crime. People under 21 who possess a usable amount face a civil fine of $350 to $600 for up to 1 1/4 ounces and $700 to $1,000 for over that amount, up to 2 1/2 ounces. Possessing or selling more than the legal limits, or growing outside the home-cultivation rules, can bring criminal charges under Maine's drug laws. Municipalities may also enforce local cultivation rules.
Are CBD, hemp and delta-8 products legal in Maine?
CBD and other hemp products that meet Maine's hemp definition can be sold separately from licensed cannabis. Intoxicating products such as delta-8 or THCA flower that do not meet that definition are treated as cannabis, not hemp, and must follow the cannabis rules. Licensed cannabis stores sell tested adult-use cannabis products, including concentrates. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Maine?
Yes. Federal law still applies in Maine. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Maine changed recently, or is it about to?
Yes, Maine has updated its adult-use limits in recent years. The 2 1/2-ounce possession and 10-gram concentrate rules, and the 6 mature and 12 immature plant counts, appear in Title 28-B as amended, including 2023 changes. Adult-use sales have been operating for several years as of 2026. New federal hemp limits take effect November 12 and December 11, 2026.
Legislation
Sources (8)
- Maine Title 28-B §1501, Personal adult use of cannabis legislature.maine.gov
- Maine Title 28-B §1502, Home cultivation of cannabis for personal adult use legislature.maine.gov
- Maine Title 28-B §112, Employment policies legislature.maine.gov
- Maine Title 22 §2383, Possession by a person under 21 legislature.maine.gov
- maine.gov
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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