Maine’s cannabis driving laws are designed to balance public safety concerns with the state’s laws allowing for legal cannabis use.
While cannabis consumption is legal for adults 21 and over in Maine, driving under the influence of cannabis remains strictly prohibited according to state law
Operating Under the Influence (OUI) Laws
Maine law prohibits driving under the influence of cannabis or THC, the psychoactive component in cannabis
Unlike alcohol, where a blood alcohol content of 0.08% is the legal limit, there is as yet no set THC concentration that automatically constitutes impairment as defined by law in Maine
Instead, the law defines cannabis impairment as any detectable impairment of a person’s mental or physical faculties, to any extent, caused by THC at the time of driving.
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Detection and Testing
Law enforcement officers rely on several factors to determine probable cause for a cannabis OUI arrest:
- Observed driving behavior
- Physical signs of impairment
- Performance on field sobriety tests
If probable cause is established, officers may request a blood or urine test from the driver.
. However, these tests present challenges in determining actual impairment:
- THC can be detected in blood or urine long after its impairing effects have worn off
- There is no scientifically established correlation between THC blood levels and degree of impairment
Legal Consequences
Penalties for cannabis OUI in Maine are not to be taken lightly
- First offense: Minimum 90-day license suspension, $500 fine, up to 364 days in jail
- Subsequent offenses: Increased fines, longer license suspensions, and potential felony charges
Importantly, Maine law allows for license suspension even if a driver is not visibly impaired. If there is probable cause to suspect cannabis use and a positive test for cannabis metabolites, a driver’s license can be suspended for at least 150 days
Implied Consent
Maine also has an implied consent law for drug testing.
Drivers are required to submit to chemical tests if an officer has probable cause to suspect impairment.
Refusing a test results in an automatic 275-day license suspension
Consumption and Possession Laws
While cannabis use is legal in private spaces, it remains illegal to:
- Consume cannabis in a vehicle, whether as a driver or passenger
- Drive with an open container of cannabis in the vehicle
- Possess more than 2.5 ounces of cannabis or cannabis products while driving
Challenges and Controversies
Maine’s cannabis DUI laws face criticism on several fronts with the same issues faced by most states.
- The lack of a per se limit for THC makes enforcement subjective.
- Current testing methods cannot distinguish between recent use and past use that no longer causes impairment.
- The low threshold for probable cause can lead to license suspensions for unimpaired drivers who have traces of THC in their system.
Some advocates argue for the development of more accurate roadside testing methods, such as THC breathalyzers, to better correlate recent use with actual impairment
While Maine has legalized cannabis use, the state maintains strict laws against impaired driving.
However, the lack of reliable impairment measures and the persistence of THC in the body create challenges in fairly enforcing these laws.
As cannabis science and policy evolve, Maine may need to refine its approach to balance public safety with the rights of legal cannabis users.
For a first-time cannabis DUI (known as OUI – Operating Under the Influence in Maine), the penalties in Maine are as follows:
Standard Penalties
- A mandatory minimum 150-day driver’s license suspension
- A minimum $500 fine, plus additional surcharges and fees
- Potential jail time of up to 364 days, though jail time is not mandatory for a first offense without aggravating factors
Additional Penalties
If there are aggravating circumstances present, such as:
- A blood alcohol content of 0.15% or higher
- Excessive speeding (30+ mph over the limit)
- Having a passenger under 21 years old
- Causing an accident
Then the penalties increase to include:
- A mandatory minimum 48-hour jail sentence
Refusal to Submit to Chemical Testing
If the driver refuses to take a chemical test (breath, blood, or urine), the penalties become more severe:
- A mandatory minimum 96-hour jail sentence
- A mandatory minimum $600 fine
- A 275-day license suspension, which must be served consecutively with the court-imposed 150-day suspension (totaling approximately 14 months)
Administrative Penalties
In addition to the criminal penalties, the Maine Bureau of Motor Vehicles (BMV) will administratively suspend the driver’s license for 150 days
. This suspension can sometimes run concurrently with the court-ordered suspension.It’s important to note that for cannabis-specific OUIs, Maine law allows for license suspension even if a driver is not visibly impaired. If there is probable cause to suspect cannabis use and a positive test for cannabis metabolites, a driver’s license can be suspended for at least 150 days
.These penalties underscore Maine’s strict approach to impaired driving, whether caused by alcohol or cannabis. The state aims to balance public safety concerns with its legal cannabis use policy.
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