Recreational:
Question 1, the Marijuana Legalization Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants, and/or up to 12 immature plants) and to possess personal use quantities of cannabis (up to two and one-half ounces of herbal cannabis) while also licensing commercial cannabis production and retail sales. The law imposes a 10 percent tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses. On site consumption is permitted under the law in establishments licensed for such activity.
The new law takes effect within 40 days. Regulations for marijuana-related businesses are scheduled to be in place by August 8, 2017. You can read the full text of Question 1 here.
“To those who allege that marijuana law reform is a west coast phenomenon, tonight’s votes tell a different story,” said NORML Deputy Director Paul Armentano. “The majority of Americans throughout this country recognize that marijuana prohibition financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law, and disproportionately impacts young people and communities of color. That is voters are rejecting the failures of criminalization and embracing these sort of regulatory alternatives.”
Medical:
State and Relevant Medical Marijuana Laws
Effective: Dec. 22, 1999Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess an oral or written “professional opinion” from their physician that he or she “might benefit from the medical use of marijuana.” The law does not establish a state-run patient registry.Approved diagnosis: Epilepsy and other disorders characterized by seizures; glaucoma; multiple sclerosis and other disorders characterized by muscle spasticity; nausea or vomiting as a result of AIDS or cancer chemotherapy; ant PTSD.Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one and one-quarter (1.25) ounces of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. Those patients who possess greater amounts of marijuana than allowed by law are afforded a “simple defense” to a charge of marijuana possession.
Amended:Senate Bill 611
Effective: Signed into law on Apr. 2, 2002
Increases the amount of useable marijuana a person may possess from one and one-quarter (1.25) ounces to two and one-half (2.5) ounces.
Amended:Question 5
— Approved Nov. 3, 2009 by 59% of voters
List of approved conditions changed to include cancer, glaucoma, HIV, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, Alzheimer’s, nail-patella syndrome, chronic intractable pain, cachexia or wasting syndrome, severe nausea, seizures (epilepsy), severe and persistent muscle spasms, and multiple sclerosis.
Instructs the Department of Health and Human Services (DHHS) to establish a registry identification program for patients and caregivers. Stipulates provisions for the operation of nonprofit dispensaries.
[Editor’s Note: An Aug. 19, 2010 email to ProCon.org from Catherine M. Cobb, Director of Maine’s Division of Licensing and Regulatory Services, stated:
“We have just set up our interface to do background checks on caregivers and those who are associated with dispensaries. They may not have a disqualifying drug offense.”]
Amended:LD 1062
Effective: Enacted without the governor’s signature on June 26, 2013
Adds post-traumatic stress disorder (PTSD) to the list of approved conditions for medical marijuana use.
Contact and Program Details
Division of Licensing and Regulatory Services
Department of Health and Human Services
11 State House Station
Augusta, ME 04333
Phone: 207-287-4325dhhs@maine.govWebsite:
Maine Medical Marijuana ProgramInformation provided by the state on sources for medical marijuana:
A list of dispensaries is available on the MMMP website. “The patient may either cultivate or designate a caregiver or dispensary to cultivate marijuana.” (“Program Bulletin,” Maine.gov, Sep. 28, 2011)
Patient Registry Fee:
$0
Caregivers pay $300/patient (limit of 5 patients; if not growing marijuana, there is no fee)
Accepts other states’ registry ID cards?
Yes
“Law enforcement will accept appropriate authorization from a participating state, but that patient cannot purchase marijuana in Maine without registering here. That requires a Maine physician and a Maine driver license or other picture ID issued by the state of Maine. The letter from a physician in another state is only good for 30 days.” (Aug. 19, 2010 email from Maine’s Division of Licensing and Regulatory Services)
Registration:
Voluntary
“In addition to either a registry ID card or a physician certification form, all patients, including both non-registered and voluntarily registered patients, must also present their Maine driver license or other Maine-issued photo identification card to law enforcement, upon request.” (“Program Bulletin,” Maine.gov, Sep. 28, 2011)
