Me. Rev. Stat. » Title 22
Maine Revised Statutes

Me. Rev. Stat. tit. 22, § 2383 (2026)

Possession

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1.  Marijuana. 
[IB 2015, c. 5, §2 (RP).]
1-A.  Cannabis possession by a person under 21 years of age.  Except for possession of cannabis for medical use pursuant to chapter 558‑C, a person who is under 21 years of age may not possess cannabis. A person who is under 21 years of age who possesses a usable amount of cannabis commits a civil violation for which a fine of not less than $350 and not more than $600 must be adjudged for possession of up to 1 1/4 ounces of cannabis and a fine of not less than $700 and not more than $1,000 must be adjudged for possession of over 1 1/4 ounces to 2 1/2 ounces of cannabis, none of which may be suspended. For the purposes of this section, "cannabis" 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. "Cannabis" does not include hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D.  
[PL 2021, c. 669, §2 (AMD).]
2.  Butyl nitrite and isobutyl nitrite.  A person who possesses a usable amount of butyl nitrite or isobutyl nitrite commits a civil violation for which a fine of not more than $200 may be adjudged.  
[PL 2003, c. 452, Pt. K, §18 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1969, c. 443, §7 (NEW). PL 1969, c. 568 (AMD). PL 1971, c. 472, §2 (AMD). PL 1971, c. 622, §§75-A (AMD). PL 1973, c. 502 (AMD). PL 1973, c. 546 (AMD). PL 1975, c. 499, §51 (RPR). PL 1987, c. 747, §3 (RPR). PL 1989, c. 344, §3 (AMD). IB 1999, c. 1, §6 (AMD). PL 2003, c. 452, §K18 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2005, c. 386, §DD3 (AMD). PL 2009, c. 67, §3 (AMD). IB 2009, c. 1, §3 (AMD). PL 2009, c. 652, Pt. B, §6 (AMD). IB 2015, c. 5, §2 (AMD). PL 2017, c. 1, §20 (AMD). PL 2017, c. 377, §3 (AMD). PL 2021, c. 669, §2 (AMD).
Notes of Decisions
Cited in 39 cases, 1972–2016 · leading case: State v. Barclay, 398 A.2d 794 (Me. 1979).
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State v. Barclay, 398 A.2d 794 (Me. 1979). · cites it 5× “In the District Court, Barclay was adjudicated to have committed a civil violation by possessing a usable amount of marijuana in violation of 22 M.R.S.A. § 2383 (Supp.1978). 1 His appeal to the Superior Court from such *796 adjudication was there denied.”
State v. Dodge, 2011 ME 47, 17 A.3d 128. · cites it 3× “See 22 M.R.S. § 2383(1)(A) (2009) (establishing that possession of a useable amount of marijuana is a civil violation).”
State v. Kremen, 2000 ME 117, 754 A.2d 964. · cites it 4× “) following a finding that she violated the provisions of 22 M.R.S.A. § 2383 (1992) [1] by possessing a useable amount of marijuana.”
State v. Coombs, 1998 ME 1, 704 A.2d 387. · cites it 2× “Possession of a usable amount of marijuana is a civil violation pursuant to 22 M.R.S.A. § 2383 (1992). [4] The suppression judge found that "there were no promises which would give rise to a constitutional infirmity[.”
State v. DiPietro, 2009 ME 12, 964 A.2d 636. · cites it 4× “Title 22 M.R.S.A. § 2383 was amended by P.L.2003, ch.”
State v. Mallan, 950 P.2d 178 (Haw. 1998). · cites it 2× “§ 40:966 (West 1992); Me.Rev.Stat. Ann. tit. 22, § 2383 (West 1992); Md.”
Matter of Marquardt, 778 P.2d 241 (Ariz. 1989). · cites it 2× “MAINE Me. Rev. Stat. Ann. tit. 22, § 2383 (Supp.”
State v. Bishop, 392 A.2d 20 (Me. 1978). · cites it 2× “Then, in turn, that element of the offense is made out, the State argues, by the fact that under 22 M.R.S.A. § 2383 (Supp.1978) “[possession of a usable amount of marijuana is a civil violation for which a forfeiture of not more than $200 may be adjudged.”
State v. Toppan, 425 A.2d 1336 (Me. 1981). · cites it 3× “See 22 M.R.S.A. § 2383 (Supp. 1965-1979). 3 The appellant contends that a “furnishing” within the meaning of the code could not have occurred because, under *1339 their agreement, he and his friends shared possession of the marijuana crop from the outset, so that no “transfer to…”
Matter of Ross, 428 A.2d 858 (Me. 1981). “Powell appeared in the District Court in Springvale, Maine, and admitted to having committed a civil violation, possession of a usable amount of marijuana, in violation of 22 M.R.S.A. § 2383. The respondent sentenced Powell to pay a forfeiture of $100 and further ordered him, in…”
State v. Patten, 457 A.2d 806 (Me. 1983). · cites it 2× “§§ 1114, 1102(4)(B) (1983); 22 M.R.S.A. § 2383 (1980). [2] Patten I also cited Robbins v.”
Sandra Coombs v. State of Maine, 202 F.3d 14 (1st Cir. 2000). “See 22 M.R.S.A. § 2383(1) (1999). Possession of more than one and one-quarter ounces of marijuana gives rise to a presumption that a person is engaging in unlawful furnishing of marijuana, which is a crime.”
Show all 39 citing cases →
Me. Rev. Stat. tit. 22, § 2383(1): 10 cases
State v. DiPietro, 2009 ME 12, 964 A.2d 636. “Title 22 M.R.S.A. § 2383 was amended by P.L.2003, ch.”
Sandra Coombs v. State of Maine, 202 F.3d 14 (1st Cir. 2000). “See 22 M.R.S.A. § 2383(1) (1999). Possession of more than one and one-quarter ounces of marijuana gives rise to a presumption that a person is engaging in unlawful furnishing of marijuana, which is a crime.”
United States v. Pugh, 223 F. Supp. 2d 325 (D. Me. 2002).
State v. Mogan, 627 A.2d 527 (Me. 1993).
Dee v. State of Maine, No. CUMcv-00-648 (Me. Super. Ct Apr. 12, 2001).
Me. Rev. Stat. tit. 22, § 2383(1)(A): 3 cases
State v. Dodge, 2011 ME 47, 17 A.3d 128. “See 22 M.R.S. § 2383(1)(A) (2009) (establishing that possession of a useable amount of marijuana is a civil violation).”
State v. Dee, 2012 ME 26, 39 A.3d 42.
Jody L. Savage v. Maine Pretrial Servs., Inc., 2013 ME 9, 58 A.3d 1138.
Me. Rev. Stat. tit. 22, § 2383(1)(A)(2007): 1 case
State v. Gdovin, 2008 ME 195, 961 A.2d 1099.
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