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).]
(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).]
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.