2021 Update:
No new updates have been made on hemp and CBD laws in Maine.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Maine Hemp Laws and the legality of CBD in Maine, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Maine
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Maine?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Many CBD products are legal in Maine, including full spectrum CBD hemp products. They must meet state requirements though, and contain less than 0.3% delta-9-THC.
Is It Legal to Ship PCR Hemp Oil to Maine?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Maine?
Maine has specific requirements for CBD products to meet, so some products available online will not be legal in Maine. CBD and hemp products are available in stores.
Do you need a special license to purchase PCR Hemp Oil in Maine?
You don’t need a special license to purchase CBD hemp oil (all types) in Maine, only to grow, test, or sell products.
How Does Maine Legally Define Hemp?
'Hemp' means the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis and that is grown or possessed by a licensed grower in compliance with this chapter. 'Hemp' includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp. 'Hemp' does not include marijuana for medical use pursuant to Title 22, chapter 558-C or adult use marijuana pursuant to Title 28-B, chapter 1.
Growing and Selling Hemp in Maine
Maine hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow. The Maine Department of Agriculture, Conservation and Forestry oversee the Maine hemp program. The state also regulates CBD products made from hemp.
Hemp and CBD products must comply with Maine hemp laws:
- Products must contain no more than 0.3% THC
- The THC must be reported as “total THC”
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
In addition to Maine state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet. These requirements may contradict Maine hemp laws which permit CBD as a food ingredient (the FDA does not).
In Maine the Food Code incorporates federal regulations under which CBD in food was considered an adulterant. The Maine legislature and Governor responded with emergency enactment of PL 2019, Ch. 12 [LD 630] effective March 27, 2019. This law made changes to Maine statutes, including 22 MRS §2156 which now states that food, food additives and food products that contain cannabidiol (CBD) are not considered adulterated based solely on the inclusion of hemp or CBD from hemp.
Maine state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Maine CBD Laws
In addition to Maine's hemp laws, the state has specific requirements for CBD products. These include CBD labeling requirements, manufacturing requirements, and restrictions in interstate CBD products!
Under PL 2019, Ch. 12 it is legal for food code licensees to manufacture and sell edible products containing CBD subject to the conditions outlined below:
• Food items must be clearly labeled including the ingredient (cannabidiol or CBD) and amount by weight, name and address of manufacturer, and zip code. Restaurant menus must clearly note the inclusion of CBD and the amount, by weight, in the item.
• THC content of the hemp, CBD extract or product must be less than 0.3%.
• The food product label, menu, advertising, and any other related information must not include health claims that items with hemp or CBD can diagnose, treat, cure or prevent any disease, condition or injury absent approval pursuant to federal law.
• CBD must be extracted or derived from hemp grown through the Maine hemp program by a grower licensed with DACF.
• Food products containing CBD may not be imported from another state since they are not covered by Maine law and federal law prohibits food with CBD in interstate commerce.
• Invoices, documents, or other evidence may be inspected to demonstrate that the hemp was grown, and the CBD extract, food additives or food products were derived from, Maine hemp.
• The CBD extraction process or method must not result in any harmful solvent residues or other contaminants in the CBD extract.MAINE AGENCY GUIDELINES for ENFORCEMENT of PL 2019 Ch. 12
