2013 Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
Chapter 45: DRUGS
17-A §1117. Cultivating marijuana

Part 2: SUBSTANTIVE OFFENSES

1117. Cultivating marijuana

1. Except as provided in subsection 4, a person is guilty of cultivating marijuana if:

A. The person intentionally or knowingly grows or cultivates marijuana. Violation of this paragraph is a Class E crime; or [2009, c. 631, 2 (AMD); 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. [2001, c. 383, 148 (NEW); 2001, c. 383, 156 (AFF).]

[ 2009, c. 631, 2 (AMD); 2009, c. 631, 51 (AFF) .]

3. It is an affirmative defense to prosecution under this section that the substance cultivated or grown is industrial hemp.

[ 2003, c. 61, 9 (NEW) .]

4. A person is not guilty of cultivating marijuana if the conduct is expressly authorized by Title 22, chapter 558-C.

[ 2009, c. 631, 3 (NEW); 2009, c. 631, 51 (AFF) .]

SECTION HISTORY

1999, c. 374, 5 (NEW). 2001, c. 383, 156 (AFF). 2001, c. 383, 148 (RPR). 2003, c. 61, 9 (AMD). 2009, c. 631, 2, 3 (AMD). 2009, c. 631, 51 (AFF).