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Cannabis Laws In Maine

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Whether you’re a cannabis enthusiast or an aspiring cannabis business owner, this guide is a must-read for anyone interested in the fascinating world of cannabis in Maine. Here, we cover everything you need to know about Maine’s cannabis laws.

Is Cannabis Legal in Maine?

Yes, cannabis is legal in Maine for both medical and recreational use. Adults 21 years or older can possess, use, and grow cannabis. Medical cannabis has been legal in the state since 1999. Patients with qualifying conditions, such as chronic pain, can access cannabis through a licensed dispensary or grow their own plants. 

History of Cannabis Legalization in Maine

Maine has had a long and complicated relationship with cannabis. In the 1970s, the state decriminalized the possession of small amounts of cannabis, becoming one of the first states to decriminalize the drug. 

However, it was not until 1999 that the state legalized cannabis for medical use. In November 2016, voters approved Question 1, legalizing recreational cannabis use, but sales didn’t start until the fall of 2020.

Medical and Recreational Cannabis Laws in Maine

Qualifying Conditions

Alzheimer’s disease, amyotrophic lateral sclerosis (ALS), cachexia or wasting syndrome, cancer, chronic pain, Crohn’s disease, epilepsy, glaucoma, hepatitis C, HIV/AIDS, Huntington’s disease, inflammatory bowel disease, multiple sclerosis, nausea, nail-patella syndrome, Parkinson’s disease, PTSD, any condition not listed that is approved by a physician.

Patient Requirements

  • No fee
  • Must be 18 years of age or older; minor patients must meet additional requirements
  • Patient status filled by a physician

Caregiver Requirements

  • Must be at least 21 years old
  • Fee depends on services performed
  • Background check and no excluding offense
  • Copy of food establishment/processing license, if applicable
  • Completed application with all related forms and requirements

Possession Limit

  • Medical: Up to 8 pounds of harvested cannabis and furnish up to 2.5 ounces to a qualified patient; up to 2.5 ounces of concentrates
  • Recreational: Up to 2.5 ounces of flower or no more than 5 grams of concentrate

Distribution

  • Medical: From caregiver to patient and at retail outlets
  • Recreational: Can give away up to 2.5 ounces of flower, 5 grams of concentrate, or 6 mature plants and purchase at retail outlets

Cultivation Limit

  • Patients: Up to 6 mature and 12 immature plants
  • Caregivers: Up to 30 mature and 60 immature plants
  • Recreational: Up to 3 mature and 12 immature plants and unlimited seedlings
  • Annual cultivation fee ($240 per 6 mature and 12 immature plants) required if growing more than 6 plants

Unlawful

  • Public consumption: Civil fine
  • Driving under the influence: DUI
  • Possession of 2.5 to 8 ounces of flower: Misdemeanor
  • Possession of more than 8 ounces of flower or 5 grams of concentrate: Felony
  • Sale or distribution of up to 1 pound: Misdemeanor
  • Sale or distribution of over 1 pound: Felony
  • Cultivation of up to 100 plants: Misdemeanor

How Do I Become a Medical Cannabis Patient?

To be eligible for the medical program, patients must have a qualifying medical condition and receive written certification from a healthcare provider licensed to practice medicine in Maine. With the certification, you can legally access medical cannabis from a licensed dispensary. Medical cannabis cards are available to residents only but not required.

Where Can I Consume Cannabis in Maine?

In Maine, cannabis can be consumed in a private residence. It is illegal to consume cannabis in public places, such as parks, streets, and restaurants, and doing so can result in fines or other legal consequences. Landlords and rental companies can restrict the use and possession of cannabis on their property.

Does Maine Accept Out-of-State Medical Cards?

Yes, Maine accepts certain out-of-state medical cards to purchase medical cannabis. Patients with qualifying conditions must be a resident of the state and have a valid registry identification card to access medical cannabis through a licensed dispensary. 

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Cannabis Business Laws in Maine

Vertical Integration:

  • Medical: Required
  • Recreational: Optional

License Availability:

  • Medical: No applications currently being accepted
  • Recreational: Applications available

Applications:

Licensing Fees:

Inventory Tracking System: Metrc

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Stay In the Know with Cannabis Training University

Stay informed and up-to-date on the latest developments in the cannabis industry by enrolling at CTU. Our comprehensive curriculum provides you accurate, reliable information on all aspects of cannabis laws and use, from medical cannabis to recreational cannabis. 

Whether you’re a patient, a consumer, or simply interested in the future of this rapidly growing industry, CTU has the information you need to stay informed and engaged. Join us today and stay in the know with CTU!



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Jersey City’s Lawsuit Over Off-Duty Weed Use Is A ‘Waste Of Taxpayer Dollars’

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The New Jersey Fraternal Order of Police is lashing out against a newly filed lawsuit by Jersey City officials that seeks to undo a state policy that generally allows police officers to use marijuana while off duty, calling the legal challenge “an unfortunate waste of taxpayer dollars.”

Jersey City and its public safety director, James Shea, sued the state in federal court on Monday, arguing that the policy, released by the state attorney general’s office in February, is preempted by federal law.

The lawsuit, the fraternal organization said in a press release, risks undermining what’s otherwise clear guidance from state officials.

“The law of the State of New Jersey and the guidance from the Office of the Attorney General clearly provides that police officers may use cannabis while off duty but are prohibited from being under the influence of cannabis while engaged in the performance of their duties,” it says. “The members of the New Jersey State Lodge of the Fraternal Order of Police abide by the law and will continue to do so. Jersey City’s attempt to muddy these clear directives through frivolous litigation is an unfortunate waste of taxpayer dollars.”

Jersey City’s lawsuit cites a federal statute that prevents people who use marijuana from acquiring firearms or ammunition. It argues city officials would be forced to violate federal law under the state policy, “because they would be required, at minimum, to provide ammunition to officers who they know are users of cannabis.”

The suit also says that police who use cannabis are themselves committing felonies because they “must possess and receive a firearm and ammunition in order to be a police officers [sic].”

A plain reading of the federal firearms policy, however, suggests a different standard applies when firearms are distributed by government agencies.

Here’s the federal policy for people seeking to purchase or possess firearms with respect to marijuana: 

“It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person…is an unlawful user of or addicted to any controlled substance…”

“It shall be unlawful for any person…who is an unlawful user of or addicted to any controlled substance…to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”

And here’s the relevant exception that could apply to local law enforcement officers: 

“The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.”

The Jersey City Police Department has terminated several officers over positive THC metabolite tests and has stood firm against the state’s policy permitting off-duty cannabis use. But two administrative law judges, most recently in August, have ruled against the city and ordered the reinstatement of two fired police officers, with backpay.

Gina Coleman/Weedmaps

As Jersey City officials emphasized at a press conference Tuesday, no test is available to reliably show whether an officer is impaired by cannabis during work. Allowing law enforcement officers to use marijuana at all, officials said, puts public safety at risk and exposes the city to legal liability.

Jersey City Mayor Steven Fulop (D), who is running for governor, said on social media that there’s “no way to confirm whether cannabis was used an hour, a day, or week before a shift.”

He added that the city’s lawsuit cites “the same federal law that Hunter Biden was indicted under with regards to firearms,” referring to President Joe Biden’s son, who is facing federal charges related to allegedly possessing a gun while also being a consumer of cocaine.

The question of gun ownership and marijuana use is one that’s worked its way through federal courts in recent years, although rulings have reached different conclusions.

Earlier this month, a federal appeals court panel for the U.S. Court of Appeals for the Eleventh Circuit heard oral arguments in a case around gun ownership by medical marijuana patients. In that matter, plaintiffs are appealing a lower court judge’s ruling that upheld the federal ban.

The U.S. Court of Appeals for the Fifth Circuit, however, ruled in August that the federal ban on firearms by cannabis users is unconstitutional. A disagreement between the two circuit courts could lead the U.S. Supreme Court to take up the issue.

The Department of Justice has advised the Eleventh Circuit that it feels the Fifth Circuit ruling was “incorrectly decided,” and at oral argument asserted that “there are some reasons to be uncertain about the foundations” of that decision.

Some district courts have also ruled against the federal prohibition.

The U.S. District Court for the Western District of Oklahoma ruled in February that the ban prohibiting people who use marijuana from possessing firearms is unconstitutional, with the judge stating that the federal government’s justification for upholding the law is “concerning.”

In the U.S. District Court for the Western District of Texas, a judge ruled in April that banning people who use marijuana from possessing firearms is unconstitutional—and it said that the same legal principle also applies to the sale and transfer of guns, too.

Shortly before the Eleventh Circuit hearing, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reportedly sent a letter to Arkansas officials saying that the state’s recently enacted law permitting medical cannabis patients to obtain concealed carry gun licenses “creates an unacceptable risk,” and could jeopardize the state’s federally approved alternative firearm licensing policy.

After Minnesota’s governor signed a legalization bill into law in May, the agency issued a reminder emphasizing that people who use cannabis are barred from possessing and purchasing guns and ammunition “until” federal prohibition ends.

In 2020, ATF issued an advisory specifically targeting Michigan that requires gun sellers to conduct federal background checks on all unlicensed gun buyers because it said the state’s cannabis laws had enabled “habitual marijuana users” and other disqualified individuals to obtain firearms illegally.

Meanwhile, attorneys for Hunter Biden—who has been indicted on a charge of buying a gun in 2018 at a time when he disclosed that he was an active user of crack cocaine—have previously cited the court ruling on the unconstitutionality of the federal ban, arguing that it applies to their client’s case as well.

Republican congressional lawmakers have filed two bills so far this session that focus on gun and marijuana policy.

Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, filed legislation in May to protect the Second Amendment rights of people who use marijuana in legal states, allowing them to purchase and possess firearms that they’re currently prohibited from having under federal law.

Senate Majority Leader Chuck Schumer (D-NY) has committed to attaching that legislation to a bipartisan marijuana banking bill that advanced out of committee last month and is pending floor action.

Meanwhile, Mast is also cosponsoring a separate bill from Rep. Alex Mooney (R-WV) this session that would more narrowly allow medical cannabis patients to purchase and possess firearms.

This article originally appeared on Marijuana Moment.





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7 trends coming to your cannabis from Spannabis

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Listen up, Leafly Nation—you 147 million people around the globe smoking on the good-good.

Get ready for more fresh Zkittlez crosses, more killer ‘Cali weed,’ more US-made seeds, and more live rosin in the coming weeks and months hitting your local smoke scene.

Leafly just got back with the details from Europe’s top cannabis festival, Spannabis, which just wrapped up in Barcelona, Spain.

The three-day expo demolished records for the 19-year-old event, with more than 25,000 attendees and 500 exhibitors from over 50 countries. The massive smokeout anchored two weeks of pot contests like the Ego Clash Barcelona and parties like Fidel’s Hash Holes and Donuts. Global stoners packed more than 100 private Barcelona cannabis clubs in what amounted to the US cannabis industry’s mix of South by Southwest and Spring Break.

Here are seven trends coming to your cannabis from Spannabis.

More Zkittlez strains in more corners of the globe

Z from Basque Country: Bask Family Farms’ winning Zkittlez cross—Zortzi. Zkittlez dominated Spannabis and left critics of the strain fuming. (David Downs/Leafly)

Let’s start at the beginning—with the weed. The 8-year-old hybrid Zkittlez had a banner year at the Spannabis Champions Cup, placing first and second in the expo’s official contest. Furthermore, the Zkittlez project Zortzi from Bask Triangle Farms placed first in the 2023 Barcelona Ego Clash contest for flower. Zortzi is made of Z x Ortzadar (the Basque word for rainbow). Ortzadar itself is a Bask Triangle Farms cross of Z x Cookies and Cream

Beyond the undeniable trophies, the lines spoke for themselves. The 3rd Gen Family Farm booth pretty much sold out of its Z-focused seed packs at €350 (euros) per seed pack, or two packs for €500. 3rd Gen’s Z work powered seven wins in the Spannabis Champions Cup, said 3rd Gen Fam owner Brandon. Another leading Z seed seller, Terphogz, also served throngs of customers at Spannabis.

What makes Z so dominant? It’s the terpenes, dummy. Z emits a kaleidoscopically-juicy rainbow of tropical fruit flavor. Z’s heavy yet happy high has made fans the world over.

‘Cali weed’ is calling the shots

‘Cali Packs’ fetch $100 per eighth ounce at Barcelona clubs like Dank of England. (David Downs/Leafly)

Walk into the private Barcelona Strain Hunters Club, and look at the menu: California flavors rule. California strains Baby Yoda and Red Velvet sit right at the top of the menu at €30 per gram.

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Many clubs, including Dank of England, have an entire top shelf named “Cali Weed.” It featured three Los Angeles heavyweights: Seed Junky Genetics’ Permanent Marker strain, as well as Super Dope brand eighths, Backpack Boyz’s Lemon Cherry Gelato, and Cookies’ Cereal A La Mode. Eighth ounces ran the equivalent of $100.

Growers from Barcelona and Morocco showed off California genetics like La Bomba (Jet Fuel Gelato x Wedding Cake). We saw local Apples & Bananas x Red Pop. Or Cookies’ Gary Payton strain crossed to Leafly Strain of the Year 2022 Jealousy, or Gary Payton x Jokerz (both by Hidden Group Genetics). Node Labs, a tissue culture company in Santa Rosa, CA said White Runtz now grows in Colombia.

Many California industry players bought one-way tickets to Barcelona. They planned to keep traveling to prospective business deals in Israel, Portugal, Switzerland, and beyond. 

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DNA Genetics sold out of their #23 ‘Michael Jordan’ variety of Holy Grail Kush x Kosher Kush.

Lior Pisso, co-owner of a greenhouse mega-grow in Israel, said the company had switched from Canadian seeds to Compound Genetics in San Francisco.

“California genetics are amazing,” she said. 

Israeli medical cannabis patients need maximum-potency Cali flower, due to a 50-gram-per-month cap, she said. “We need every puff to be a killer.”

The US seed scene has eclipsed Europe’s

Barcelona based Hidden Group Genetics’ Boom Voyage is a cross of two US strains—Jokerz x Gary Payton. (David Downs/Leafly)

Since the ’70s, European hemp laws gave cover to a robust weed seed industry that decided what US growers planted. The US is the captain, now. 

Michigan cultivation director, Erin Najebi, at Tang Farms said, “The European seed free-for-all is now the US seed free for all.” 

What changed? Congress legalized hemp in 2018. In 2022, the US Drug Enforcement Administration ruled seeds were hemp, not marijuana, and so legal to possess, sell, and distribute. 

DNA Genetics CEO Rezwan Khan said, “for ten years, Spannabis was seeds, seeds, seeds. The seed revolution is in the US now and it’s totally wild.”

“All that American shit hits hard.”

‘Gil’ a local Barcelona grower

DNA Genetics co-founder, Don Morris, added that “we’re creating the rocket and then riding it.”

One UK grower, Adrian (not his real name) said full legalization allows US breeders to innovate further and faster “than anything Europe can do under prohibition.”

One Barcelona greenhouse grower, “Gil” said he ran Artificial Red (GMO x Red Pop) and Swamp Boys Seeds’s hashy Lemon Tree strain Romie this year. Why? 

“All that American shit hits hard,” he said.

Rosin and live rosin is sweeping the globe

DNA Genetics Challah Bread live rosin. (David Downs/Leafly)

A solventless revolution sweeps around the globe, ya’ll. We’re talking about bubble hash, heat-pressed and filtered into pure, potent, and tasty dabs. Bobby West, founder of the contest Uncle Stoner’s Squash Off, told Leafly, “the world is going solventless. I think it’s the future—from edibles to everything. The cleaner it is, the better it is.”

Mauricio Santa Cruz from the Colombia Exotics hash brand in Colombia said, “Oh yeah, it’s sweeping the globe.” 

Colombia gained live rosin technology around two years ago, he said. This year, growers across Latin America are buying seeds for plants that produce great hash, as well as rosin presses to make the product.

DNA Genetics’ Khan said Europe has a longtime specialty in trichome extraction with bubble hash. Europe’s now skipping over the butane hash oil wave and going straight to rosin. Rosin and live rosin accurately reproduce flower’s taste and high, experts said.

More wild legal dichotomies

Medical cannabis law reform, as well as decriminalization, have given weed ‘semi-legalization’ status in more places than ever. That makes for some wild legal dichotomies.

In Barcelona, private clubs sell 2023 Cali weed, but walk out onto the streets and police can stop and search you for the smell alone like it’s the ‘90s. They may seize your stash, or worse: a night in jail and fines of several hundred euros.

Barcelona grows better weed and nurtures a more robust scene than Amsterdam, but pot remains illegal in Spain. We heard of several tourists stopped, and some held overnight.

Amsterdam-based Raavi Spaarenberg—head of Sensi Seeds—said, “Laws go back and forward. Barcelona is going left and right. People are still going to jail.”

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Lance Lambert, chief marketing officer for Grove Bags, compared Barcelona to the medical state of Oklahoma, mixed with California’s Proposition 215 days. “It’s insane.”

From India to Australia, pockets of cannabis culture thrive in countries without weed freedom. These are places where society tolerates private smoking, while growers and sellers face fines and prison.

A new level of collaboration begins

Humboldt Seed Co and Sensi Seeds team up to announce Breeding Grounds. (David Downs/Leafly)

More dope collaborations are coming to your weed than ever. 

At the top of the list, two titans of European and American seeds unite in ‘Breeding Grounds’—the new deal between Humboldt Seed Co and Amsterdam’s 35-year-old Sensi Seeds brand. 

The pair have four new strains—two new automatic cultivars and two new feminized strains—that unite the best of the Old World and the New. “We are growing together and playing off each other’s styles,” said Sensi’s Spaarenberg, whose dad is Sensi Seed’s famous Ben Dronkers.

Celebrity cultivation author Ed Rosenthal helped put the deal together, saying “it’s a match of legacies. They have an unbeatable combination.”

Related

The world’s best cannabis seeds and clones to grow in 2023

Europe has a lot of Hazes and Cheeses to work with, said Spaarenberg. Humboldt Seed Co plans to hunt through 2,000 authentic Skunk phenotypes from decades past, and bring back the true Skunk.

Spaarenberg said weed brands once did everything by themselves. But the explosion in international cannabis requires collaboration.

Other winning collabs included: Spanish brand Black Tuna x Colombia Exotics and their strain Milk Runtz—which won the Dabadoo contest. 3rd Gen Fam also showed off two Emerald Triangle collabs—the Zunkist line and the Ill Eagle line of OZ Kush male crosses for just €50. Terphogz Fields x DNA Genetics’ collab on Z x Strawberry BananaZtrawberriez.

And a hyper-charged international cannabis culture

Attendees from over 50 countries swamped Europe’s biggest annual weed expo. (Courtesy Spannabis)

Cheap flights, Instagram, and global weed law reform have combined to make cannabis culture more international than it’s ever been. 

By 2026, 7.5 billion people will have smartphones. The cannabis community has never been more connected.

“You can find it in real-time, all over the world. Any US trend, within 30 days, is global now,” said Khan at DNA Genetics.

Remote spots like The Canary Islands now host pot contests. Germany has gone medical, with Switzerland is next. The Czech Republic is opening up, and Thailand is smokin’ with over 1,000 dispensaries open in Bangkok.

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The Israeli mega-greenhouse owner Lior Pisso said “it’s insane to see the globalization going on. Just look around at Spannabis and all the colorful, amazing, beautiful people here.”

Raavi at Sensi said, “It’s going off. The industry is changing everywhere. It’s a global thing now.” 


And that’s seven trends, so we’ll save what’s going on with cultivation and the living soil wave, or accessories like the Puffco Proxy for another day.

Go get your passport renewed, book a flight, and get out there, Leafly Nation. A whole weed world awaits.





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How to Legally Transport Marijuana in Colorado

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In Colorado, the ‘open container’ legal requirements, if not, could cause transport of marijuana to be illegal. To legally transport marijuana, you have to maintain certain rules. The law considers it an illegal marijuana possession when the open container is in the passenger area of the automobile. It is also illegal to have a container with a broken seal or any proof that the marijuana has been used by either the driver or passenger.

The Question

The question that many residents and visitors, but especially marijuana dispensary owners are asking is what does ‘open container’ really mean as it relates to the topic of how to legally transport marijuana? Well, the legal explanation is that this is not considered in the same way as having a bottle of liquor with a broken seal. If you have marijuana buds in a plastic bag, for example, whether it is sealed, you are thought to have an open container, if it is in the passenger area.

The Legal Language

The legal lingo for ‘open container’ in the marijuana is defined with the vehicle itself considered. According to the law, the ‘open container’ should be a receptacle or accessory containing a certain type of marijuana. It shouldn’t be opened and the contents should not be partially removed. If law enforcement suspects any marijuana consumption inside the vehicle, this will also be considered illegal. You have to follow the rules of how to legally transport marijuana in the state of Colorado.

Know The Law

With this being clarified, many people still have misgivings that the definition is too ambiguous. Why? Well, containers are not all the same. And why is it that alcohol is easy to define as it relates to the ‘open container’ law? With alcohol, your passenger may buy a beer and put it into a baggy and hand it to you.

Would that be an open container? The interpretations are wide range and you may have to think conservatively concerning the law. If you don’t know the law, then any anti-marijuana police could give you a ticket because of his own interpretation of the law.

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Steps To Follow When Transporting Marijuana 

How to legally transport marijuana in Colorado means that you have to travel alone. Don’t carry any passengers in the vehicle, whether in the front or in the back seats. Keep all containers sealed tightly and unopened. Don’t keep the opened container in the passenger area. If you have an open container, don’t store it in your glove compartment since the compartment is in the passenger area.

However, you can put it in the vehicle’s trunk since it will be concealed. If you have no trunk, you can legally put the marijuana behind the very last seat in the automobile. The seat has to be upright.

Be Careful

You don’t want to be caught with an open container that has cannabis or you will receive a traffic citation and a small fine. While the fine is only $50, you will have a drug infraction, which will be a criminal record. This may not be the best thing for future employment opportunities. It could show up in a background check.

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The Exceptions

The law has made a few exceptions. If you are seated in the back of a private vehicle like a limousine, you can smoke pot. You can have an open container in an RV as long as the pot is stored in the living quarters and not stored in the passenger area. Make a plan of how you are going to carry your weed. Using the trunk may be the best possible decision. To learn more about how to legally transport marijuana in Colorado, go to the Cannabis Training University today.



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