17-A M.R.S. §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

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.

2.

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

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.