Maine Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Maine. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALMaine permits hemp-derived CBD products with less than 0.3% Delta-9 THC under the Maine Industrial Hemp Program. The state regulates CBD products through the Department of Agriculture, requiring testing and labeling compliance.
Possession
Legal to possess hemp-derived CBD products with less than 0.3% Delta-9 THC.
Sale
Sale is legal with proper licensing and compliance with testing and labeling requirements.
Penalties
N/A
Age Restriction
18+ to purchase CBD products.
Delta-8 THC
LEGALMaine allows the sale and possession of hemp-derived Delta-8 THC products under its cannabis and hemp laws. The state regulates hemp products through the Maine Department of Agriculture, Conservation and Forestry, and Delta-8 products must contain less than 0.3% delta-9 THC.
Possession
Legal to possess hemp-derived Delta-8 products under 0.3% delta-9 THC.
Retail Sale
Sale is legal if products comply with state hemp regulations and licensing requirements.
Penalties
N/A
Age Restriction
21+
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Maine under the 2018 Farm Bill. In 2025, Maine passed legislation (SP 783) to bring all intoxicating hemp-derived products, including Delta-8 and Delta-9, under the regulatory authority of the OCP.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
RESTRICTEDKratom is legal in Maine. There are no state laws banning or regulating kratom possession or sale. No age restrictions or penalties specifically apply to kratom.
Possession
Legal to possess without restriction.
Sale
Legal to sell and purchase without restriction.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
RESTRICTEDMaine decriminalized possession of small amounts of psilocybin mushrooms in 2021 under LD 1259, allowing possession of up to 2.5 grams of psilocybin for personal use. However, sale and manufacture remain illegal under Maine Revised Statutes Title 17-A §1102.
Possession
Decriminalized for up to 2.5 grams of psilocybin mushrooms; possession above this amount remains illegal.
Distribution
Illegal to sell or distribute psilocybin mushrooms.
Penalties
Possession above 2.5 grams is a misdemeanor or felony depending on amount; sale is a felony.
Age Restriction
None specified in decriminalization statute; generally 18+ for controlled substances.
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in Maine. No significant legislative changes since 2023.
Personal Possession
Adults 21+ may possess up to 2.5 oz of marijuana. Home cultivation of up to 3 mature and 12 immature plants is allowed.
Retail Purchase
Legal through licensed retail stores. Maine also allows social clubs and delivery services.
Penalties
Possessing over 2.5 oz is a civil violation for small overages. Larger amounts trigger criminal charges. Providing to minors is a felony.
Age Restriction
21+
Salvia
RESTRICTEDSalvia divinorum is restricted in Maine. Sale to minors is prohibited, but adult possession may be permitted.
Possession
Restricted. Legal for adults
Sale
Illegal to sell to minors
Penalties
Sale to minors results in fines or misdemeanor charges.
Age Restriction
18+