Maine Laws and Programs

Maine, once a part of Massachusetts, became a state in 1820. Maine covers 30,862 square miles, and has a population of approximately 1.3 million residents. Research suggests that alcohol is the predominant drug of abuse in Maine. A 2007 survey conducted by the Centers for Disease Control and Prevention found that 57 percent of adults in Maine had consumed alcohol within the past 30 days, and 16 percent reported consuming five or more drinks at least once within the past month.

The same survey found that 40 percent of Maine high school students had consumed alcohol within the past 30 days. The health consequences of this trend are significant because compared to other substances with abuse potential, alcohol causes appreciably more fatalities and disease. Current research indicates that the primary illegal drug of choice in Maine is marijuana. However, there has been growing concern about the increased use and availability of cocaine, heroin, and pharmaceuticals. A 2010 report by the Maine Office of Substance Abuse (OSA) concludes that treatment for opiate abuse, specifically oxycodone, has grown by 60 percent within the past five years.

Over the past decade, voters in Maine have supported the decriminalization and legalization of marijuana. Maine is one of only 13 states to legalize marijuana for medical purposes. In 1998 the legislature passed the Maine Medical Marijuana Act. Twelve years later in April 2010, Governor Baldacci approved a law that applies Maine's sales tax to medical marijuana. The additional money generated by this tax will pay for the expenses of regulation of medical marijuana dispensaries. With the passage of this new bill, Maine became the fifth state to allow medical marijuana dispensaries in the United States. The new tax has raised questions about the classification of medical marijuana as a prescription drug. In Maine, drugs that require a doctor's prescription cannot legally be subject to tax. Medical marijuana requires a physician's approval but not a prescription because prescriptions are monitored by the federal government.

Maine has a long history of prescription drug legislation. In response to growing reports of prescription drug abuse, deaths, and treatment admissions, the Maine legislature created the electronic Prescription Monitoring Program (PMP) in 2003. The PMP monitors all drugs in Schedules II, III, and IV as classified by the Federal Controlled Substances Act. This system allows for healthcare professionals to monitor patients who may be engaged in the practice of “doctor shopping” for the purposes of prescription fraud.