Maine Revised Statutes

§1117. Cultivating marijuana

1.    Except as provided in subsection 4, a person is guilty of cultivating marijuana if:
A. The person intentionally or knowingly grows or cultivates marijuana. Violation of this paragraph is a Class E crime; or [2009, c. 631, §2 (AMD); 2009, c. 631, §51 (AFF).]
B. The person violates paragraph A and the number of marijuana plants is:
(1) Five hundred or more. Violation of this subparagraph is a Class B crime;
(2) One hundred or more but fewer than 500. Violation of this subparagraph is a Class C crime;
(3) More than 5 but fewer than 100. Violation of this subparagraph is a Class D crime; or
(4) Five or fewer. Violation of this subparagraph is a Class E crime. [2001, c. 383, §148 (NEW); 2001, c. 383, §156 (AFF).]
[ 2009, c. 631, §2 (AMD); 2009, c. 631, §51 (AFF) .]
2.   
[ 2001, c. 383, §156 (AFF); 2001, c. 383, §148 (RP) .]
3.    It is an affirmative defense to prosecution under this section that the substance cultivated or grown is industrial hemp.
[ 2003, c. 61, §9 (NEW) .]
4.    A person is not guilty of cultivating marijuana if the conduct is expressly authorized by Title 22, chapter 558-C.
[ 2009, c. 631, §3 (NEW); 2009, c. 631, §51 (AFF) .]
SECTION HISTORY
1999, c. 374, §5 (NEW). 2001, c. 383, §156 (AFF). 2001, c. 383, §148 (RPR). 2003, c. 61, §9 (AMD). 2009, c. 631, §§2, 3 (AMD). 2009, c. 631, §51 (AFF).