When Federal and State Cannabis Laws Collide: Border Patrol Arrests in Maine

Maine's Cannabis Paradox

Maine embraced cannabis years ago. Medical marijuana has been legal since 1999, and in 2016, voters approved recreational use. By October 2020, adults could legally buy cannabis from licensed stores throughout the state.

While most Mainers understand cannabis remains federally illegal, what many don't realize is how this affects enforcement within the state, particularly by Border Patrol. The clash between state legalization and continued federal prohibition creates practical risks that go beyond theoretical legal conflicts.

Why Border Patrol Can Enforce Cannabis Laws Anywhere in Maine

You might think Border Patrol only operates at actual border crossings with Canada, but their reach extends much further. By law, Border Patrol has authority within 100 miles of any international border or coastline.

This 100-mile zone covers the entire state of Maine. With 611 miles of Canadian border and 228 miles of Atlantic coastline, there's nowhere in Maine that's outside Border Patrol's jurisdiction.

This means federal agents can — and do — enforce federal cannabis laws anywhere in the state, regardless of what Maine state law allows.

What Happens When Border Patrol Finds Cannabis

Border Patrol has made their position crystal clear: they will confiscate cannabis whenever they encounter it, even from medical patients and legal recreational users.

In 2017, Maine's top Border Patrol agent warned residents that federal law trumps state law when it comes to enforcement. If you're stopped at an immigration checkpoint or encounter Border Patrol agents elsewhere in Maine, your state-legal cannabis isn't protected.

Consider this real example: In Limestone, Maine, agents arrested a Canadian citizen for illegal entry. During their search, they found "a small amount of Marijuana and six syringes of cannabis oil." The result? The person was immediately expelled to Canada, despite Maine's cannabis laws.

The Bigger Target: Illegal Growing Operations

While individual possession cases do occur, Border Patrol is increasingly focused on large-scale illegal growing operations, particularly those with foreign connections.

In 2023, Border Patrol circulated intelligence about suspected Chinese-owned illegal marijuana growing operations throughout the state. Their report identified approximately 270 suspicious properties allegedly generating $4.37 billion in untaxed revenue.

This intelligence triggered a wave of enforcement. In early 2024, coordinated raids led to eight arrests and the seizure of more than 4,400 cannabis plants from growing sites in Belgrade, China, and Cornville. These operations involved multiple agencies working together: local police, DEA, Homeland Security, and Border Patrol.

What Maine's Cannabis Laws Actually Allow

For context, here's what's legal under Maine state law:

• Adults 21+ can possess up to 2.5 ounces of cannabis (including up to 5 grams of concentrate)

• Growing up to three mature plants and twelve immature plants at home

• Purchasing from licensed retailers across the state

But remember: none of these state protections apply when dealing with federal agents.

Impact on Maine's Legal Cannabis Market

The enforcement against illegal operations actually helps Maine's legitimate cannabis businesses. Licensed growers and retailers who pay taxes and follow regulations face unfair competition from illicit operations that don't.

Progress seems to be happening. According to Andrew Lizotte, the federal prosecutor leading these investigations, the number of illegal growing operations in Maine dropped from over 200 to fewer than 100 by March 2024.

Protecting Yourself in Maine's Cannabis Landscape

For cannabis consumers in Maine, especially those near the Canadian border or coastal areas where Border Patrol is most active, understanding this legal disconnect is crucial. Here's what to keep in mind:

• Federal law supersedes state law when dealing with federal agents

• Border Patrol checkpoints can appear anywhere in Maine, not just at the border

• Cannabis possession remains illegal under federal law, regardless of state protections

Until federal cannabis laws change, this strange dual legal system will continue to create confusion and occasional arrests throughout Maine.