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 [PL 2009, c. 631, §2 (AMD); PL 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. [PL 2001, c. 383, §148 (NEW); PL 2001, c. 383, §156 (AFF).] [PL 2009, c. 631, §2 (AMD); PL 2009, c. 631, §51 (AFF).] 2. [PL 2001, c. 383, §148 (RP); PL 2001, c. 383, §156 (AFF).] 3. It is an affirmative defense to prosecution under this section that the substance cultivated or grown is hemp. [PL 2019, c. 12, Pt. B, §11 (AMD).] 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. [PL 2017, c. 409, Pt. B, §10 (AMD).]
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