Maine Revised Statutes Title 17-A Sec. 1117 – Cultivating marijuana
Current as of: 2023 | Check for updates
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A. The person intentionally or knowingly grows or cultivates marijuana. Violation of this paragraph is a Class E crime; or [PL 2009, c. 631, §2 (AMD); PL 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. [PL 2001, c. 383, §148 (NEW); PL 2001, c. 383, §156 (AFF).]
[PL 2009, c. 631, §2 (AMD); PL 2009, c. 631, §51 (AFF).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B crime | up to 10 years | up to $20,000 |
| Class C crime | up to 5 years | up to $5,000 |
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 17-A Sec. 1117
- Marijuana: includes the leaves, stems, flowers and seeds of all species of the plant genus Cannabis, whether growing or not; but does not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin including hashish and does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, fiber, oil or cake or the sterilized seed of such plant that is incapable of germination. See Maine Revised Statutes Title 17-A Sec. 1101
2.
[PL 2001, c. 383, §148 (RP); PL 2001, c. 383, §156 (AFF).]
3. It is an affirmative defense to prosecution under this section that the substance cultivated or grown is hemp.
[PL 2019, c. 12, Pt. B, §11 (AMD).]
4. A person is not guilty of cultivating marijuana if the conduct is expressly authorized by Title 22, chapter 558-C or Title 28-B.
[PL 2017, c. 409, Pt. B, §10 (AMD).]
SECTION HISTORY
PL 1999, c. 374, §5 (NEW). PL 2001, c. 383, §148 (RPR). PL 2001, c. 383, §156 (AFF). PL 2003, c. 61, §9 (AMD). PL 2009, c. 631, §§2, 3 (AMD). PL 2009, c. 631, §51 (AFF). PL 2017, c. 409, Pt. B, §10 (AMD). PL 2019, c. 12, Pt. B, §11 (AMD).