- Adult Use Cannabis Program (AUCP)
- AUCP Application Process
- Consumers
- Maine Medical Use of Cannabis Program (MMCP)
- MMCP Registration Process
- Qualifying Patients
- Municipalities
- General
Adult Use Cannabis Program (AUCP)
What laws and regulations govern the Adult Use Cannabis Program?
The State of Maine's Adult Use Cannabis Program (AUCP) operates under statute and rule. The Cannabis Legalization Act, found in Title 28-B of the Maine Revised Statutes, provides the program’s legal foundation.
Rules are implemented by state agencies to build upon existing law. Per 28-B M.R.S. §104-C, “The office may adopt rules necessary to implement, administer and enforce this chapter.” Current program rules and rulemaking activities can be found here.
What kind of licenses are available for individuals or businesses in Maine’s Adult Use Cannabis Program?
There are four types of licenses for adult use cannabis establishments in Maine – cultivation facility, products manufacturing facility, testing facility, and cannabis store.
Any principal, contractor, employee, or other support staff of an adult use licensee is required to have an individual identification card (IIC).
Where can I find statistical information about the adult use program?
OCP’s data dashboard for the Adult Use Cannabis Program provides information about program participants as well as compliance, retail sales, and testing data. OCP’s annual reports provide more historic program data and information.
AUCP Licensing Process
What do I need to apply for or renew an adult use establishment license?
You will need to complete and submit the appropriate adult use cannabis establishment application(s) and form(s). Supplemental instructions are available here. Please review all materials for completeness prior to submission to ensure timely consideration and processing.
What are the fees associated with adult use establishment licenses?
Adult Use Cultivation Facility Application and License Fees:
License Type | Application Fee | Annual License Fee (Outdoor Only) | Annual License Fee (Indoor/Both) |
---|---|---|---|
Tier 1 Cultivation Facility (Plant Count) | $100.00 | $9.00/mature plant | $17.00/mature plant |
Tier 1 Cultivation Facility (Plant Canopy) | $100.00 | $500.00 | N/A |
Tier 2 Cultivation Facility | $500.00 | $1,500.00 | $3,000.00 |
Tier 3 Cultivation Facility | $500.00 | $5,000.00 | $10,000.00 |
Tier 4 Cultivation Facility | $500.00 | $15,000.00 | $30,000.00 |
Increase in Canopy Size | N/A | +$5,000.00 | +$10,000.00 |
Nursery Cultivation Facility | $60.00 | $350.00 | $350.00 |
Other Adult Use Cannabis Establishment Application and License Fees:
License Type | Application Fee | Annual License Fee |
---|---|---|
Products Manufacturing Facility | $250.00 | $2,500.00 |
Cannabis Store | $250.00 | $2,500.00 |
Testing Facility | $250.00 | $1,000.00 |
Sample Collector | $100.00 | $250.00 |
What do I need to apply for or renew an individual identification card (IIC)?
First, you will need to complete and submit the appropriate individual identification card (IIC) application(s) and form(s). Supplemental instructions are available here.
Among other things, you will need to provide a current photo as well as a copy of your State issued driver’s license or identification card which must be from the same state in which you currently reside. Please review all materials for completeness prior to submission to ensure timely consideration and processing.
What are the fees associated with an individual identification card (IIC)?
The application fee for an individual identification card (IIC) is $50.
How do I pay my fees?
All fees must be paid through a bank/cashier's check or money order made payable to "Treasurer, State of Maine." Cash and personal checks are not accepted by OCP. Please ensure that all payments are submitted as specified in the application instructions.
How do I submit for a criminal history records check?
All principals must personally register to have their fingerprints taken through IdentoGo after applying for an individual identification card (IIC). Then:
- Under "Application Details", select “Maine Office of Cannabis Policy”.
- Choose "Principals involved in a cannabis establishment" as the fingerprint reason.
- Schedule an appointment at a chosen location, providing required details such as name, aliases, contact information, and demographic data.
- At the appointment, present valid government-issued photo identification (e.g., driver’s license or passport). The fingerprinting and processing fee is $52.00, payable during registration.
What do I do if I misplace my individual identification card (IIC)?
Active IIC holders in the Adult Use Cannabis Program can use OCP's online portal to request a replacement card. A step-by-step of this process is available here.
Consumers
Where can I purchase cannabis in Maine?
Maine is home to both a medical cannabis program and an adult use cannabis program. The medical program serves patients, while Maine’s adult use program serves consumers 21 years of age and older. Medical and adult use cannabis may not be dispensed from the same facility.
How much adult use cannabis can I possess in Maine?
Adults 21 years of age or older can possess up to up to 2.5 ounces of cannabis or 2.5 ounces of a combination of cannabis and cannabis concentrate, including no more than 10 grams of cannabis concentrate.
See: 28-B M.R.S. §1501(1)(B)
Where can I smoke or consume cannabis products in Maine?
Cannabis use in any form, including smoking, eating, or vaping, is prohibited in public places. It is only permitted on private property; however, property owners can prohibit cannabis use and possession on their premises.
See: 28-B M.R.S. §1501(2)(A)
Can I consume cannabis in a vehicle?
Cannabis may not be consumed by the operator nor the passenger(s) of a vehicle on a public way in Maine. It is also illegal to drive under the influence of cannabis. You could be charged with an OUI.
See: 28-B M.R.S. §1501(2)(B)(1), 29-A M.R.S.§2411
Can someone in my household receive my delivery or pick up my order at curbside on my behalf if they are 21+?
No. Only the person who placed the order for delivery or pick up may receive the order.
Can I get delivered products other than cannabis (i.e., accessories, clothing, novelty, or promotional items)?
Yes. A cannabis store licensee may deliver seeds, seedlings, immature cannabis plants, cannabis, and cannabis products as well as other items sold by the cannabis store.
Can I tip my delivery driver?
Yes. There are no rules or laws prohibiting customers from tipping their delivery driver or other cannabis store employees.
Can an adult use consumer located in a city or town that does not permit adult use retail sales and has not “opted-in” still receive a delivery?
Yes. A consumer who requests delivery to their private residence in Maine may receive an order by delivery regardless of whether their municipality has opted in to permit the operation of adult use stores within their community.
During which hours are deliveries prohibited?
Deliveries are prohibited between the hours of 10:00 p.m. and 7:00 a.m., unless retail sales hours are further restricted by the municipality where the cannabis store’s licensed premises are located.
Can a business prohibit the delivery of cannabis to their premises?
Yes. Per 28-B M.R.S. §504-9(C), cannabis stores, cultivation facilities, or products manufacturing facilities operating a limited delivery service may deliver to a hotel or business only if they have received written consent from an authorized employee of the establishment. This means that without an authorized employee's explicit consent, cannabis deliveries to a hotel or business are not permitted.
Maine Medical Use of Cannabis Program (MMCP)
What laws and regulations govern the Maine Medical Use of Cannabis Program?
The Maine Medical Use of Cannabis Program (MMCP) operates under statute and rule. The Maine Medical Use of Cannabis Act, found in Title 22, Chapter 558-C of the Maine Revised Statutes, provides the program’s legal foundation.
Rules are implemented by state agencies to build upon existing law. Per 22 M.R.S. §2422-A, the Department of Administrative and Financial Services must “administer and enforce this chapter and the rules adopted pursuant to this chapter.” Current program rules and rulemaking activities can be found here.
What kind of registrations are available for individuals or businesses in the Maine Medical Use of Cannabis Program?
There are two types of registrations issued by OCP for the medical cannabis program – registry identification cards and registration certificates.
Registry identification cards identify individuals registered with the Office under 22 M.R.S. §2425-A. Caregivers, as well as officers, directors, or assistants of a dispensary or caregiver, must obtain the appropriate registry identification card per 22 M.R.S. §2425-A(2).
Registration certificates identify entities registered with the Office in accordance with 22 M.R.S. §2425-A(2) and 22 M.R.S. §2423-F. Entities required to obtain a registration certificate include dispensaries, tier 1 and tier 2 manufacturing facilities, and manufacturing facilities using inherently hazardous extraction.
Where can I find statistical information about the medical cannabis program?
OCP’s data dashboard for the Maine Medical Use of Cannabis Program provides information about program participants as well as compliance data. OCP’s annual reports provide more historic program data and information.
Where can I find information on which states authorize their residents to use their medical cannabis credentials while visiting Maine?
OCP’s guidance on visiting patients and a list of approved states can be found here.
Can sales be conducted to a visiting patient who presents a medical cannabis credential from one state and a form of identification from another state?
No. A visiting medical cannabis patient must possess photographic identification or a driver's license from the same jurisdiction as their valid medical cannabis credential.
See: 22 M.R.S. §2423-D.
How many cultivation areas may a registered caregiver maintain?
In accordance with 22 M.R.S. §2423-A(3)(B), a registered caregiver may maintain up to two cultivation areas: one for mature plants and one for immature plants. The limits are up to 30 mature cannabis plants or 500 square feet of mature plant canopy, and up to 60 immature cannabis plants or 1,000 square feet of immature plant canopy. The caregiver must disclose the locations of these areas on their application or renewal for a registry identification card.
How many cultivation areas may a dispensary maintain?
In accordance with 22 MRS §2428(6)(I), registered dispensaries may maintain only one cultivation area per registration. Registered dispensaries may cultivate all mature and immature cannabis plants required for the registered dispensary to assist qualifying patients. The location of the cultivation area must be disclosed to the Department on the dispensary’s application for, or renewal of, a dispensary registration certificate.
MMCP Registration Process
What do I need to apply for or renew the registry identification card required for caregivers, caregiver assistants, dispensary employees, etc.?
First, you will need to complete and submit the appropriate medical use application(s) and form(s). Supplemental instructions for registered caregivers are available here. Supplemental instructions for caregiver assistants and dispensary employees are available here.
Among other things, you will need to provide a current photo as well as a copy of your State issued driver’s license or identification card which must be from the same state in which you currently reside. Please review all materials for completeness prior to submission to ensure timely consideration and processing.
How long does it take to get a registry identification card?
Current law requires the Department to approve or deny an initial application or renewal within 30 days of receipt of a complete application. In the case of approval, a registry identification card must be issued within five days of approval. The average timeframe to approve an application is currently less than two weeks.
See: 22 M.R.S. §2425-A(4)
How long is a registry identification card valid for?
A caregiver's registry identification card expires one year after the date of issuance. All other registry identification cards expire two years after the date of issuance, regardless of the person's employment status.
See: 22 M.R.S. §2425-A(5)(A)
What are the fees associated with a caregiver registration?
The cost of a caregiver's registry identification card varies depending on the number of plants being grown. The application fee for a caregiver growing by canopy is $1,500. The application fee for a caregiver growing by plant count corresponds with the number of plants being grown, with fees increasing incrementally by $240.
Registered Caregiver Application Fees (Plant Count):
Mature Plants | Immature Plants | Fee |
---|---|---|
6 | 12 | $240 |
12 | 24 | $480 |
18 | 36 | $720 |
24 | 48 | $960 |
30 | 60 | $1,200 |
What do I need to apply for or renew a dispensary or manufacturing facility registration?
You will need to complete and submit the appropriate medical use application(s) and form(s). Please review all materials for completeness prior to submission to ensure timely consideration and processing.
What are the fees associated with a dispensary or manufacturing facility registration?
The annual registration fee for a dispensary is $5,000. The annual registration fee for an IHS Manufacturing Facility Registration Certificate is $350.
How do I update the contact information associated with my registration?
You can update your contact information by submitting the appropriate change/reissue form available here.
Qualifying Patients
How do I become a qualifying patient in the Maine Medical Use of Cannabis Program (MMCP)?
Qualifying patients must consult with a licensed medical provider in order to obtain a certification to access medical cannabis. A written certification may be made only in the course of a bona fide medical provider-patient relationship after the medical provider has completed a full assessment of the patient's medical history. If a patient has not provided a medical provider who is not the patient's primary care provider with the name and contact information of the patient's primary care provider, a medical provider shall conduct an in-person consultation with the patient prior to providing a written certification.
See: 22 M.R.S. §2423-B(2-C)
What medical providers are able to provide a written certification for the medical use of cannabis in Maine?
A “medical provider" within Maine’s medical cannabis program means a physician, a certified nurse practitioner, or a physician assistant.
See: 22 M.R.S. §2421-A(30)
How much does it cost to obtain a patient certification?
The cost for a patient certification depends on the medical provider conducting the examination and issuing the certification. In order to ensure patient access to the medical cannabis program, the State of Maine has never charged medical providers for the cards they provide to qualifying patients.
Are temporary, digital, and/or electronic patient certifications valid?
Yes. Certifying providers must issue a physical patient certification on tamper-resistant paper provided by OCP and may also provide a digital image of the certification. The digital image must include all information from the physical certification and be legible. Registered caregivers and dispensaries must ensure they transfer cannabis only to qualifying patients with a valid certification or to authorized registrants, including visiting qualified out-of-state patients.
Does OCP keep a list or registry of patient certifications?
No. OCP does not maintain any type of list or registry of qualifying patients in the medical cannabis program.
How do I cancel my patient certification?
Qualifying patients that no longer wish to use their patient certification may let it expire or dispose of it.
How do I get a reprint of my lost patient certification?
Qualifying patients must contact the medical provider who issued their patient certification in order to get a reprint.
How much cannabis can a qualifying patient possess?
A qualifying patient may possess up to eight pounds of harvested cannabis.
See: 22 M.R.S. §2423-A(1)(A)
Municipalities
Where can a town find data on who is authorized to operate a cannabis business within its jurisdiction?
Information about adult use licensees can be found here. Licensees can be searched by name, license status, or host municipality.
Information about registered caregivers and dispensaries in the medical program can be found here. Information about registered caregivers active in Maine's medical cannabis program, including issuance/expiration date and town, is available for download. Dispensary registrants can be searched by name, registration status, or host municipality.
Municipalities and other interested parties can also look up information pertaining to active medical and adult use cannabis program participants through the State of Maine's licensing search tool. Select “Search Individuals” or “Search Companies” and then search by the agency “Cannabis Policy.”
Should towns notify OCP when they vote on and/or amens any cannabis-related ordinance?
Yes. To notify OCP of a new opt-in town, an amended ordinance, and/or any other inaccuracy in our municipal opt-in data, please complete this brief form.
What is local authorization?
"Local authorization" refers to the approval process that all adult use and certain medical cannabis businesses must undergo at the municipal level before obtaining a state license or registration. As part of the application process through the Office of Cannabis Policy, applicants must seek authorization from the municipality where they intend to operate. This involves submitting a request to the local government, which has 90 days (with a possible extension of an additional 90 days) to respond. Only after securing local authorization can an applicant proceed to obtain an active state license or registration.
Who can sign a local authorization form for a municipality?
Any authorized location official designated by the municipality, or by the county and/or LUPC in unorganized territories, can sign a local authorization form.
How is the distance from a cannabis facility to a school measured?
The distance from a cannabis facility to a school is measured from the main entrance of the cannabis facility to the main entrance of the school. An adult use cannabis establishment may not be located within 1,000 feet of the property line of a preexisting public or private school. A registered medical dispensary may not be located within 500 feet of the property line of a preexisting public or private school.
What is the adult use cannabis municipal reimbursement program?
In 2022, the Maine Legislature enacted, and Governor Mills signed, An Act to Assist Qualifying Municipalities to Defray the Costs of Opting In to Permit Adult Use Cannabis Establishments. This authorized OCP to reimburse Maine municipalities for qualifying expenses of up to $20,000 if the city or town has opted into Maine's Adult Use Cannabis Program. More information about the municipal reimbursement program is available here.
What is considered a “qualifying expense” for reimbursement?
A "qualifying expense" includes legal, administrative, and operational costs related to drafting, adopting, or amending cannabis ordinances and conducting associated town meetings or elections. Examples include attorney fees, staff time, public meeting notices, and election-related expenses.
Does my town qualify for reimbursement if we opted in for medical but not adult use cannabis?
No. Reimbursement is only available for costs associated with opting in for adult use cannabis establishments.
Do towns need to opt in to all adult use license types to qualify for reimbursement?
No. Towns qualify for reimbursement by opting in to at least one adult use cannabis license type (cultivation, manufacturing, testing, or retail). However, towns can only submit one reimbursement application, so they cannot seek additional reimbursement if they later opt in to more license types.
Can my town apply for additional reimbursement if we opt in to more license types later?
A municipality can apply for reimbursement only once, up to $20,000, within three years of passing or amending an ordinance. If a new opt in occurs after three years, reimbursement for expenses related to that opt in may be eligible.
General
Can I travel outside of Maine with cannabis?
It's illegal to leave Maine with any cannabis products—medical or recreational. Do not cross state lines or approach border crossing with cannabis in your possession. Mailing cannabis from Maine is also illegal.
Can I grow my own cannabis in Maine?
Mainers can grow cannabis for personal use. As many as six mature, 12 immature plants, and an unlimited number of seedlings are allowed per resident 21 years of age or older.
These restrictions do not apply to the cultivation of cannabis for medical use by a qualifying patient, a caregiver, a registered caregiver, or a registered dispensary as authorized by the Maine Medical Use of Cannabis Act.
See: 28-B M.R.S. §1502(1)
What are some of the rules related to growing cannabis for personal use?
First, keep it out of sight. An adult who chooses to grow plants for personal use must make sure their cannabis is not visible from a public way without the use of binoculars or other visual aid.
Second, take reasonable precautions to prevent unauthorized access by individuals under the age of 21.
Finally, make sure the ownership of the plants is clear to law enforcement that may come across them. If you’re growing cannabis for personal use, the plant(s) must be tagged with a legible label that includes your name, driver’s license or state identification card number, and a notation that the plant(s) are being grown as authorized by law.
For example:
Connor S. Sample, Jr.
ID: 1234567
Personal Adult Use: Title 28-B, Section 1502
If the parcel or tract of land you are growing on is owned by someone else, you must have their written permission to grow and care for your plants and include the landowner's name on each plant’s label.
See: 28-B M.R.S. §1502
Why does OCP use the term "cannabis" instead of "marijuana"?
Cannabis is the legal term used in Maine law to describe the product and establishments that OCP licenses and regulates.
Where can I find information about OCP’s public health and safety campaigns?
Information about OCP’s public health and safety campaigns, including Unclouded and Let’s Talk Cannabis, can be found here.