What Are the Cannabis Licensing Requirements in Maine? (May 2024)

In recent years, Maine has been at the forefront of the cannabis legalization movement, embracing both medical and adult-use marijuana with a series of legislative actions and reforms. This blog will delve into the cannabis licensing requirements in the Pine Tree State, highlighting key milestones and opportunities within the evolving cannabis industry.

On May 2, 2018, Maine made a significant leap in cannabis policy by overturning a gubernatorial veto and passing adult-use legalization. The Marijuana Legalization Act was enacted, allowing adults in the state to possess and use marijuana or marijuana concentrate without restrictions on tetrahydrocannabinol (THC) limits. Under this act, individuals can legally possess up to five grams of marijuana or marijuana concentrate, offering a measure of personal freedom.

However, the Act also introduced regulations for businesses seeking cannabis licenses, including cultivation, testing, manufacturing, and retail sales. These requirements ensure that the cannabis industry operates within a framework of responsibility and accountability.

Maine’s Medical Cannabis Program

In June 2018, Maine's Legislature took steps to enhance the state's medical cannabis program. Vetoes by then-Gov. Paul LePage were overridden, resulting in the passage of LD 238 and LD 1539. These legislative changes removed the qualifying conditions list, eliminated the designated caregiver requirement, and increased the cap on dispensaries to 10. These expansions aimed to improve access and availability for medical cannabis patients in Maine.

Maine's Recreational Sales Launch

Fast forward to June 2019, when Gov. Janet Mills signed a bill that marked the beginning of recreational cannabis sales in Maine. These sales officially commenced in March 2020, but with a strict barrier to entry for retail businesses. To qualify for a cannabis retail license, business owners must have been residents of Maine for at least four years.

While edibles are permitted in retail stores, they are subject to certain restrictions, such as not being allowed in the shape of animals, people, or characters. Furthermore, Maine municipalities have the autonomy to choose whether to participate in the adult-use program. They can either permit cannabis establishments or opt-out through a town council vote, ensuring that local communities have a say in the matter.

Expanding Opportunities in 2022

April 2022 marked another significant milestone in Maine's cannabis industry with the enactment of several bills that expanded opportunities within the market. LD 1827 allowed licensed marijuana retailers to offer home deliveries to individuals aged 21 or older, and it permitted curbside pickup of cannabis products, providing convenience to consumers.

LD 1928 focused on the protection of medical marijuana patients and caregivers, allowing physicians to conduct virtual appointments and issue cannabis authorizations via telehealth. This change streamlines access to medical cannabis for patients.

LD 1957 aimed to promote equity and diversity within the adult-use industry by repealing prohibitions on hiring applicants with past criminal convictions for certain marijuana offenses. This step aligns Maine with the broader trend of social equity measures in the cannabis industry.

Supporting Municipalities

Lastly, LD 1195, which went into effect on April 20, 2022, extended support to municipalities participating in adult-use marijuana establishments. Municipalities that permit the operation of these establishments within their jurisdiction can now be reimbursed through the Adult Use Marijuana Public Health and Safety and Municipal Opt-in Fund.

Maine's journey into cannabis legalization has been marked by thoughtful legislation and continuous expansion to accommodate both medical and adult-use consumers. As the industry evolves, Maine remains committed to fostering inclusivity, ensuring patient access, and providing opportunities for responsible cannabis businesses. With each legislative step, the state cements its position as a trailblazer in the ever-growing cannabis landscape.

Licensing Requirements

If you're considering joining Maine's growing cannabis industry, it's essential to understand the licensing requirements for marijuana cultivation. Maine has been at the forefront of cannabis legalization, with a well-regulated system in place. Here, we break down the key points you need to know about obtaining a cultivation license in the Pine Tree State.

Maine operates under the Marijuana Legalization Act, which mandates that individuals and businesses looking to grow marijuana for commercial purposes must obtain a valid cultivation license. This requirement ensures that the cannabis industry remains compliant and accountable.

Personal Cultivation

For personal use, Mainers aged 21 or older can cultivate up to three flowering plants, 12 immature plants, and unlimited seedlings without the need for a cultivation license. However, there are specific rules that must be followed:

• Cultivated cannabis should not be visible from public areas without the use of optical aids.
• Measures must be taken to prevent illegal access by individuals under 21.
• Plants must be labeled with the cultivator's information, including name, driver's license, or ID number, and the property owner's name if the cultivator doesn't own the land.

Where You Can Grow

Maine law permits adults to grow marijuana for recreational use under the following conditions:

• On land where the cultivator is domiciled.
• On land owned by the cultivator, even if they don't live there.
• On land neither owned nor domiciled by the cultivator but where the property owner allows cultivation via a written agreement.

It's important to note that municipalities in Maine have the authority to regulate home cultivation. While they cannot generally prohibit it, they can impose restrictions on the number of mature plants allowed per property.

Medical Marijuana Cultivation

For medical marijuana patients in Maine, the rules are slightly different. Qualified patients or designated caregivers can grow up to six mature marijuana plants, 12 immature plants, and unlimited seedlings. Patients sharing a household can cultivate their own plants and share one cultivation area.

Additional requirements for medical marijuana cultivation include:

• Keeping all plants in the cultivation area except during transportation.
• Using a privacy fence, at least six feet high, for outdoor cultivation to obscure visibility.
• Limiting access to the cultivation area to the patient, caregiver, or authorized personnel.

A medical marijuana card is a prerequisite for growing marijuana for medical purposes.

Types of Cultivation Licenses

Maine issues cultivation licenses under various tiers, including Tier 1, Tier 2, Tier 3, and Tier 4 cultivation facility licenses, as well as nursery cultivation facility licenses. Each type has specific plant count or canopy area limitations.

• Tier 1 licenses can be either plant-count-based or plant-canopy-based.
• Tier 2 allows cultivation of up to 2,000 square feet of plant canopy.
• Tier 3 permits cultivation of up to 7,000 square feet.
• Tier 4 licenses can cultivate up to 20,000 square feet, with potential variations upon Department of Administrative and Financial Services (DAFS) approval.
• Nursery cultivation licenses allow up to a 1,000-square foot plant canopy area.

Maine does not have a distinct cultivation license for its medical marijuana program. Instead, licensed medical marijuana dispensaries are expected to grow their plants.

Eligibility and Application Process

To be eligible for a marijuana cultivation license in Maine, applicants must:

• Be residents of Maine (for individuals) or be incorporated in the state (for business entities).
• Be at least 21 years old.
• Not be employed by a state agency with regulatory responsibilities, law enforcement, or corrections.
• Not have outstanding court-ordered payments.
• Not have committed disqualifying drug offenses, with exceptions for certain cases.

The application process consists of three stages: Conditional Licensure, Local Authorization, and Active Licensure. It's essential to follow the specific requirements at each stage and obtain municipal permission, as municipalities can decide whether to allow cannabis establishments within their jurisdictions.

License Costs

License fees vary based on the tier and type of cultivation license. Annual license fees range from $9 to $30,000, with application fees starting at $100.

Holding Multiple Licenses

Licensees can hold other cannabis licenses, such as manufacturing or retail, but they must apply separately for each license. However, a cultivation facility licensee cannot hold a marijuana testing facility license.

Conclusion

Maine's cannabis cultivation licensing process is well-defined, with different tiers to accommodate various business sizes. As the state continues to evolve its cannabis regulations, it remains a promising landscape for individuals and businesses looking to be part of the thriving cannabis industry. Understanding the requirements and following the application process diligently is the key to success in this burgeoning market.