Public Laws

124th Legislature

First Regular Session



Chapter 67

H.P. 196 - L.D. 250

An Act To Streamline and Clarify Laws Pertaining to the Civil and Criminal Possession of Marijuana

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA 1106, sub-3, A, as enacted by PL 1989, c. 924, 12, is amended to read:

A.More than 1 1/4 2 1/2 ounces of marijuana;

Sec. 2. 17-A MRSA 1107-A, sub-1, F, as enacted by PL 2001, c. 383, 127 and affected by 156, is amended to read:

F.A schedule Z drug. Violation of this paragraph is a Class E crime . unless the drug is marijuana, in which case a violation of this paragraph is:

(1) For possession of over 2 1/2 ounces to 8 ounces of marijuana, a Class E crime;

(2) For possession of over 8 ounces to 16 ounces of marijuana, a Class D crime;

(3) For possession of over one pound to 20 pounds of marijuana, a Class C crime; and

(4) For possession of over 20 pounds of marijuana, a Class B crime.

Sec. 3. 22 MRSA 2383, sub-1, as amended by PL 2005, c. 386, Pt. DD, 3, is further amended to read:

1.Marijuana. Except as provided in section 2383-B, subsection 5, a person may not possess marijuana.
A.A person who possesses a usable amount of marijuana 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 marijuana and a fine of not less than $700 and not more than $1,000 must be adjudged for possession of over 1 1/4 ounces to 2 1/2 ounces of marijuana, none of which may be suspended.
B. A person who possesses a usable amount of marijuana after having previously violated this subsection within a 6-year period commits a civil violation for which a fine of $550 must be adjudged, none of which may be suspended.

Effective September 12, 2009

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333