Maine Marijuana Laws (2026): Possession, Limits and Where to Buy

By James Buddsey · Updated October 15, 2026

Yes. Under Maine marijuana laws, adults 21 and older can legally possess and buy up to 2.5 ounces of cannabis, of which no more than 10 grams may be concentrate, and can grow up to 6 mature plants at home. As of October 2026, adult-use purchases carry a 14% sales tax, public consumption is a civil violation, and Maine also runs one of the country’s most open medical cannabis programs.

Maine voters approved adult-use cannabis in 2016, but licensed stores did not open until October 2020. This guide explains what the law says as of October 2026, with links to the Maine Revised Statutes and the Office of Cannabis Policy behind each rule. It is general information, not legal advice.

Maine Cannabis Laws at a Glance

Is Marijuana Legal in Maine?

Yes. Maine voters approved Question 1, the Marijuana Legalization Act, in November 2016. The Legislature rewrote the measure into what is now the Cannabis Legalization Act, Title 28-B of the Maine Revised Statutes, and the first licensed adult-use stores opened on October 9, 2020, according to the state’s then Office of Marijuana Policy, now the Office of Cannabis Policy (OCP).

Maine’s medical program is older. The Maine Medical Use of Cannabis Act, Title 22, chapter 558-C, still runs alongside the adult-use market with its own caregivers, dispensaries and higher possession limits.

Selling without a license, using in public and driving impaired remain illegal for everyone, and adult-use cannabis is still illegal under federal law. See our guide to federal marijuana law in 2026.

How Much Cannabis Can You Possess and Buy in Maine

Under 28-B MRSA §1501, an adult 21 or older may:

• Possess, use or transport up to 2.5 ounces of cannabis, or 2.5 ounces of a mix of cannabis and concentrate that includes no more than 10 grams of concentrate.
• Buy the same amount from a licensed cannabis store.
• Give away, without payment, up to 2.5 ounces to another adult 21 or older. The statute defines payment broadly: a “donation” or any indirect payment tied to the handoff counts, so “free weed with a purchase” schemes are not protected.
• Give away up to 6 immature plants or seedlings to another adult, and buy up to 12 immature plants or seedlings from a licensed nursery or store.

Adults may also keep everything harvested from their own legal plants at the home where it was grown, even above 2.5 ounces.

People under 21 without a medical certification may not possess cannabis at all. Under 22 MRSA §2383, it is a civil violation with a mandatory fine of $350 to $600 for up to 1.25 ounces, and $700 to $1,000 for more than 1.25 ounces up to 2.5 ounces. None of the fine may be suspended.

Where You Can Use Cannabis in Maine

Adults may consume cannabis only in a private residence, including its yard, or on private property that is not generally open to the public when the owner has explicitly allowed it, under 28-B MRSA §1501(2). Consumption is banned:

• by the driver or any passenger of a vehicle on a public way,
• in a home or property used as a day care or babysitting service while it is operating,
• by smoking in a designated workplace smoking area, and
• by smoking in any public place or area where tobacco smoking is banned.

A violation is a civil violation with a fine of up to $100, on top of any other penalty that applies. Maine has no licensed consumption lounges. A bill to allow them, LD 1365, died on April 6, 2026, when both chambers accepted the committee’s ought-not-to-pass report.

Buying Cannabis in Maine: Stores, ID and Tourists

• Who can buy: Any adult 21 or older with valid government photo ID can shop at a licensed adult-use store. Maine residency is not required, so tourists can buy under the same 2.5-ounce limit.
• Licensed stores only: OCP licenses adult-use stores, and cities and towns decide whether to allow them under 28-B MRSA §401. Not every town has a store, so check before you drive.

Medical Cannabis in Maine

Maine’s medical program does not rely on a fixed list of qualifying conditions. Under 22 MRSA §2423-B, a licensed physician, physician assistant or nurse practitioner may issue a written certification after a full assessment, within a bona fide provider-patient relationship, when the provider believes cannabis may help the patient’s diagnosis. The OCP certification page explains the process.

Under 22 MRSA §2423-A, a qualifying patient may:

• possess up to 8 pounds of harvested cannabis, and
• grow, or have a caregiver grow, up to 6 mature plants, 12 immature plants and unlimited seedlings.

Patients buy from registered caregivers or dispensaries. Medical purchases by certified patients are not subject to the 14% adult-use sales tax rate, which under 36 MRSA §1811 applies to adult-use cannabis and to medical cannabis sold to someone who is not a qualifying patient.

Visiting patients: Maine honors out-of-state medical certifications from jurisdictions on the state’s recognized list, along with the patient’s home-state ID. Under 22 MRSA §2423-D, a visiting patient may not grow cannabis, may not possess more than 2.5 ounces of harvested cannabis in a 15-day period, and may not give cannabis to anyone else.

Growing Cannabis at Home in Maine

Maine is one of the most generous states for home growers. Under 28-B MRSA §1501(1)(E), an adult 21 or older may possess, cultivate or transport at one time 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 grow site.

Home grows must meet the rules in 28-B MRSA §1502. Plants may be grown where you live, on land you own, or on someone else’s land with the owner’s written permission. They must not be visible from a public way without binoculars or aircraft, you must take reasonable steps to keep people under 21 away from them, and each plant needs a tag with your name, your driver’s license or ID number and a note that it is grown for personal adult use.

Driving and Cannabis in Maine

Operating a vehicle while under the influence of intoxicants, which includes drugs, is the crime of OUI under 29-A MRSA §2411. Maine’s numeric per se limit in that statute is for alcohol, so cannabis cases turn on evidence of impairment, such as driving behavior, field tests and drug recognition evaluations. Separately, §1501 bars both drivers and passengers from consuming cannabis in a vehicle on a public way.

Taking Cannabis Across Maine’s Borders, Airports and Federal Land

• To New Hampshire: New Hampshire has not legalized adult-use cannabis. Carrying Maine cannabis across the state line breaks federal law, and possession can be penalized in New Hampshire. See our New Hampshire marijuana laws guide.
• To Canada: Cannabis is legal in Canada, but taking it across the border in either direction is illegal and can lead to charges and being refused entry.
• Flying: The TSA follows federal law and refers cannabis found at screening to police. Carrying cannabis on a flight, including from Portland or Bangor, is illegal under federal law.
• Federal land: Acadia National Park and other federal property follow federal law, where adult-use cannabis is still a Schedule I drug.

Maine Cannabis Taxes in 2026

Maine changed its cannabis taxes in the 2025 supplemental budget, P.L. 2025, c. 388 (LD 210), effective January 1, 2026:

• Sales tax: adult-use cannabis is taxed at 14%, up from 10%, under 36 MRSA §1811.
• Excise tax: the cultivation excise tax, paid by growers and passed through in prices, dropped from $335 to $223 per pound of flower, from $94 to $63 per pound of trim, and from $35 to $23 per mature plant, under 36 MRSA §4923.

What Changed in Maine Cannabis Law Recently

• Tax shift (January 1, 2026): sales tax rose to 14% and the cultivation excise fell, under P.L. 2025, c. 388.
• Caregiver sales (2026): LD 1840, P.L. 2025, c. 512, became law without the governor’s signature on January 11, 2026. It spells out where medical caregivers may sell, furnish or transport cannabis, including on property they own, lease or rent, according to the Legislature’s enacted law summaries.
• Cannabis Advisory Council (2026): LD 1669, P.L. 2025, c. 506, created a 12-member council to advise OCP and lawmakers. It also became law on January 11, 2026.
• Outdoor cultivation (July 29, 2026): LD 1897, P.L. 2025, c. 514, changed outdoor growing rules for caregivers and adult-use licensees.
• Testing and medical background checks (2026): LD 1488 (P.L. 2025, c. 764, effective April 19, 2026) eased retesting rules for edibles made with concentrate, and LD 1609 (P.L. 2025, c. 611) requires criminal history checks for most medical registry card applicants.
• Federal rescheduling (April 2026): marijuana held under a state medical marijuana license, and FDA-approved marijuana products, moved to Schedule III. Adult-use cannabis remains Schedule I while a broader proceeding is on hold. See our federal law guide.
• Hemp THC (late 2026): A new federal hemp definition shuts out synthesized cannabinoids such as delta-8 made from CBD on November 12, 2026, and caps finished hemp products at 0.4 mg total THC per container starting December 11, 2026 for naturally occurring cannabinoids. Hemp THC gummies sold outside licensed cannabis stores will be affected.

Maine Marijuana Laws FAQ

More State and Federal Cannabis Law Guides

Compare Maine with every other state in our state cannabis law guides, or read our explainer on federal marijuana law in 2026. Heading south or west? See the guides for New Hampshire, Massachusetts and Vermont.

Neighboring state guides: New Hampshire · All state cannabis laws

General information about Maine cannabis law as of October 2026, not legal advice.