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Page 1 - 132LR1338(04)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 1268 - L.D. 1897
An Act Regarding Outdoor Cultivation in the Medical Use Cannabis and
Adult Use Cannabis Industries
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2423-A, sub-§2, ¶A, as amended by PL 2017, c. 452, §4 and
PL 2021, c. 669, §5, is further amended to read:
A. Possess all harvested cannabis produced by the caregiver's cultivation of cannabis
plants under paragraph B or B-1;
Sec. 2. 22 MRSA §2423-A, sub-§2, ¶B, as amended by PL 2021, c. 662, §10 and
c. 669, §5, is further amended to read:
B. Cultivate up to 30 mature cannabis plants, up to 60 immature cannabis plants and
unlimited seedlings or cultivate up to 500 square feet of mature plant canopy, up to
1,000 square feet of immature plant canopy and unlimited seedlings. A caregiver may
not cultivate immature plants by canopy if cultivating mature plants by plant count and
may not cultivate immature plants by plant count if cultivating mature plants by
canopy. A caregiver cultivating cannabis under this paragraph may not cultivate
cannabis under paragraph B-1;
Sec. 3. 22 MRSA §2423-A, sub-§2, ¶B-1 is enacted to read:
B-1. Notwithstanding paragraph B, for a caregiver who cultivates mature cannabis
plants only in an outdoor cultivation area, cultivate between the months of March and
December up to 150 mature cannabis plants, up to 300 immature cannabis plants and
unlimited seedlings or cultivate between the months of March and December up to
2,500 square feet of mature plant canopy, up to 5,000 square feet of immature plant
canopy and unlimited seedlings. A caregiver may not cultivate immature plants by
canopy if cultivating mature plants by plant count and may not cultivate immature
plants by plant count if cultivating mature plants by canopy. A caregiver cultivating
cannabis under this paragraph may not cultivate cannabis under paragraph B. For the
purposes of this paragraph, "outdoor cultivation area" means a cultivation area that
primarily uses sunlight for the cultivation of mature cannabis plants;
LAW WITHOUT
GOVERNOR'S
SIGNATURE
JANUARY 11, 2026
CHAPTER
514
PUBLIC LAW
Page 2 - 132LR1338(04)
Sec. 4. 22 MRSA §2423-A, sub-§3, ¶B, as amended by PL 2023, c. 679, Pt. A,
§6, is further amended to read:
B. A caregiver cultivating cannabis plants for a patient's medical use must shall keep
all plants in a cultivation area unless the plants are being transported pursuant to
subsection 2, paragraph O. The cultivation area must be enclosed and equipped with
locks or other security devices that permit access only by a person authorized to have
access to the area under this chapter.
(1) The caregiver shall ensure that the mature cannabis plants, immature cannabis
plants and seedlings cultivated by the caregiver are kept in separate cultivation
areas. The cultivation area for mature cannabis plants and the cultivation area for
immature cannabis plants and seedlings may be located on separate parcels or tracts
of land, whether the parcels or tracts of land are contiguous or noncontiguous, as
long as the caregiver discloses the locations of all cultivation areas to the
department. The caregiver may not maintain more than 2 cultivation areas. The
caregiver shall ensure that the cultivation area for mature cannabis plants and the
cultivation area for immature cannabis plants comply with the plant count or plant
canopy limitations of subsection 2, paragraph B or B-1.
(2) Access to cultivation areas is limited to the caregiver, except that an elected
official invited by the caregiver for the purpose of providing education to the
elected official on cultivation by the caregiver, emergency services personnel, an
assistant of a caregiver or a cannabis testing facility or, a person who needs to gain
access to a cultivation area in order to perform repairs or maintenance or to do
construction may access a cultivation area to provide those professional services
while under the direct supervision of the caregiver or another person under the
direct supervision of the caregiver.
Sec. 5. 22 MRSA §2425-A, sub-§10, ¶B-1 is enacted to read:
B-1. There is an annual registration fee for a caregiver who cultivates cannabis plants
on behalf of a qualifying patient pursuant to section 2423‑A, subsection 2, paragraph
B-1.
(1) For a caregiver registering based upon plant count, the fee may not be less than
$50 or more than $240 for each group of up to 30 mature cannabis plants cultivated
by the caregiver. The caregiver shall notify the department of the number of
cannabis plants the caregiver cultivates in the calendar year, which may not exceed
the maximum number established in section 2423-A, subsection 2, paragraph B-1.
(2) For a caregiver registering based upon plant canopy, the fee may not be less
than $50 or more than $1,500 for a total mature plant canopy of 2,500 square feet
or less in the calendar year.
Sec. 6. 28-B MRSA §102-A, sub-§32-A is enacted to read:
32-A. Indoor cultivation. "Indoor cultivation" means cultivation of mature cannabis
plants that does not meet the definition of "outdoor cultivation" under subsection 41-A.
Sec. 7. 28-B MRSA §102-A, sub-§41-A is enacted to read:
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41-A. Outdoor cultivation. "Outdoor cultivation" means cultivation of mature
cannabis plants between the months of March and December in a cultivation area that
primarily uses sunlight for such cultivation.