STATE OF MAINE

DEPARTMENT OF AGRICULTURE, CONSERVATION & FORESTRY

OFFICE OF THE COMMISSIONER

22 STATE HOUSE STATION

AUGUSTA, MAINE 04333

JANET T. MILLS

GOVERNOR

AMANDA E. BEAL

COMMISSIONER

December 20, 2021 

Under Secretary Jennifer Lester Moffitt 

United States Department of Agriculture

Marketing and Regulatory Programs 

1400 Independence Ave., SW 

Room 308-E, Whitten Building 

Washington, DC 20250

Dear Under Secretary Moffitt: 

The Maine Department of Agriculture, Conservation and Forestry (Department) is pleased to 

submit its State Plan to USDA to administer hemp production in our state. This letter and 

attached Plan is made in response to the feedback provided to the Department by the USDA 

relating to Maine’s recent submittal, dated November 16, 2021. 

Because Maine allows for hemp production under existing state law, the Department must act to 

reconcile the differences between its existing program and the USDA’s Final Rule (7 CFR 990). 

The Department will pursue amendments to its enabling authority with the Maine Legislature. (7 

MRS Chapter 406-A). If successful, the statutory changes and subsequent rulemaking will 

authorize hemp production and provide the Department with authority needed to regulate hemp 

production in a manner consistent with the 2018 Farm Bill and the Final Rule. 

In conformity with the 2018 Farm Bill and the Final Rule, I request approval, or in the 

alternative, conditional approval, of our State Plan. The Department will update USDA on the 

progression of all relevant legislative and rule changes. It will resubmit the State Plan for 

approval when the changes are completed as required by the Final Rule. Currently, all hemp 

growing in Maine has ceased for the year. The Department issued 49 licenses in 2021 for 

outdoor cultivation and approximately 67 acres were harvested. There are no indoor growers. 

Maine’s license numbers and hemp acreage have declined significantly over the past two years. 

The Department typically does not hear from growers seeking applications until February and 

most wait until May to apply. We communicate these facts to provide assurance to USDA that 

Maine is in a hiatus with regard to implementation of hemp regulations at present.

Feel free to contact the Department with any questions about our State Plan or our planned 

legislative activities.

HARLOW BUILDING PHONE: (207) 287-3200

18 ELKINS LANE FAX: (207) 287-2400

AUGUSTA, MAINE WEB: WWW.MAINE.GOV/DACF
Sincerely,

Amanda Beal, Commissioner 

cc: Nancy McBrady, Director, Bureau of Agriculture, Food and Rural Resources

Ann Gibbs, Director, Animal and Plant Health Division

Gary Fish, State Horticulturist

Encl. 
  

  

  

State of Maine Hemp 

Program Plan 

Submitted by Amanda E. Beal, 

Commissioner 

2022 (Revised) 
   

  

As designated by the Commissioner of the Maine Department of Agriculture, Conservation and 

Forestry (Maine DACF), the State Horticulturist will be responsible for the oversight, 

administration, and daily operation of the Maine Hemp Program. The following information and 

respective timelines will be effective upon the approval of the Maine Hemp Plan by the United 

States Department of Agriculture (USDA). The “Department” hereafter shall refer to the Maine 

DACF. 

Note: The following list of State of Maine and USDA forms and reports will be used by the 

Department to collect, document, and report information to USDA under the Maine Hemp 

Program: 

Maine Hemp Program Application 

Indoor or Outdoor Planting Report 

State Hemp Producer Report 

Laboratory Test Results  

Disposal Report

Disposal Certificate 

Table of Contents

A.  Land Used for Production  3

B.  Sampling and Testing for delta‐9 tetrahydrocannabinol 5

C.  Remediation or Disposal of Non‐Compliant Plants  10 

D.  Compliance with Enforcement Procedures Including Annual Inspections 11 

E.  Information Sharing  13 

F.  Certification of Resources  14 

G.  Plan Approval, Technical Assistance, and USDA Oversight  15 

2 | Page State of Maine Hemp Program
   

A.  Land Used for Production 

1. The Department will collect and maintain relevant producer information by requiring each 

applicant to complete a Maine Hemp Grower license application, licensing agreement, and a 

criminal history report. Licenses will expire 365 days after issuance. 

2. The Department will collect and maintain relevant information on land used for hemp 

production by requiring each licensed producer to furnish a completed indoor or outdoor 

planting report. The Department will require that forms be submitted to the Department via 

email, U.S. mail, or a physical collection point identified by the Department, no later than 15 

days after planting. A new planting report will be required each time a licensed grower plants a 

new crop. 

3. The Department will provide contact information for each licensed producer, including 

business entities, covered under the Maine Hemp Program Plan to the USDA in the State Hemp 

Producer Report. The Department will submit this report to the USDA on the first of each 

month as required. The Department will rely on information indicated in the Maine Hemp 

Program Application. Information will include: 

o  Name 

o  Address 

o  Telephone number 

o  Email address (if available) 

If the applicant is a business entity, the information must include: 

o  Name of the business 

o  Address of the principal business location 

o  Full name and title of the key participants 

o  Email address 

o  EIN number of the business entity 

4. The Department will collect from each licensed producer a legal description for land where 

hemp is produced in the State. This information will be reported by the applicant or licensed 

producer on the Indoor or Outdoor Planting Report form and will identify the GPS coordinates 

where hemp will be produced. This description will contain the city and county, as well as the 

geospatial location. 

5. Licensed producers must report:  

(a) location information (street address and geospatial coordinates) for each lot or 

facility where hemp will be produced,  

(b) acreage (outdoor) or square footage (indoor) in hemp production, and  

(c) the associated license and authorization identifier in the prescribed USDA format, to

USDA Farm Service Agency (FSA). The Department will correspond monthly with FSA to 

3 | Page State of Maine Hemp Program
  

  

confirm this information. 

6. Any persons who materially falsify any information in their application shall be deemed 

ineligible to participate in the program. 

7. The Department will maintain and report to USDA the status of licensed producers, license 

numbers of producers, and any changes. The Department will report to USDA using the State 

Hemp Producer Report. For the purposes of reporting to the USDA, the Department will assign 

unique license numbers according to USDA specifications. 

8. The Department will maintain all producer growing site registration records for three years. 

4 | Page State of Maine Hemp Program
B.  Sampling and Testing for delta‐9 tetrahydrocannabinol 

1. Employees of the Department will be responsible for performing inspections and collecting 

hemp samples. Training will include successful completion of USDA’s hemp sampling agent 

training modules and in‐field practice alongside experienced Department staff. We will not be 

using independent contractors at this time. 

2. The Sampling protocols will be sufficient to ensure at a confidence level of 95% that no more 

than 1% of hemp plants in each sampled lot would exceed the acceptable THC level and will 

ensure that representative samples are collected reflecting a homogeneous composition of the 

lot being sampled. 

3. Performance based sampling will apply to the following hemp‐growing situations in Maine: 

o Research institutions, provided that any hemp grown will (a) never enter the stream of 

commerce and (b) be tested by the institution for THC content prior to harvest. 

Research institutions must ensure the proper disposal of noncompliant plants and 

comply with the same licensing and reporting requirements as all other license holders. 

Lead researchers are subject to the Criminal History check requirement. 

o Microgreens, as these are very young plants (under 5” tall and approximately 14 days 

past germination). There are no flowers to test with microgreens and THC content in the 

plant tissue is negligible. 

o Hemp seedlings, as these are young plants, under 12” tall, without floral bud 

development. There are no flowers to test.

o Groups listed are subject to Performance‐based sampling requirements may be audited 

or randomly inspected by the Department to ensure compliance. 

4. For all other hemp production, the Department will collect samples from every grower and 

every lot. As the hemp industry in Maine continues to evolve, the Department will collect and 

analyze data pertinent to sample collection and testing. The Department intends to use this 

program data to develop additional performance‐based sampling protocols, which will be 

submitted as an addendum to the Maine Hemp Program Plan and submitted to USDA for 

approval prior to implementation.

5. The Department will use the following procedures to conduct sampling and testing within 30 

days prior to the anticipated harvest date. 

o A Department employee will collect representative samples from lots to submit for 

testing of THC concentration levels within 30 days prior to the date of harvest, as 

indicated by the licensed producer or authorized representative of the licensed 

producer. The Department will not comingle lot samples. 

o The Department requires licensed producers to notify the Department via telephone or 

email within 30‐15 days prior to the anticipated harvest of cannabis plants. A licensed 

5 | Page State of Maine Hemp Program
producer or an authorized representative of the licensed producer, as documented on 

the Maine Hemp Program Application, has the role of notifying the Department of the

anticipated date of harvest. Licensed producers and/or authorized representatives do 

not have any role in sample collection except to be present while the Department 

samples their crop. Licensed producers have 30 days from the date it was sampled by 

the Department to harvest that hemp lot. 

o If a licensed producer fails to complete harvest within 30 days of sample collection, the 

Department will collect a second pre‐harvest sample of the lot to be submitted for 

testing. The licensee will be responsible for the costs of any additional pre‐harvest 

samples. 

o The sampling agent will not collect samples on lots where cannabis plants have not 

matured to the flowering stage, as the USDA requires that samples consist of flower 

material. 

o A licensed producer or any other individual shall not harvest cannabis plants prior to 

samples being collected by the Department. 

6. The Department will use the following procedures to collect samples of flower material from 

cannabis plants and ensure that samples represent a homogenous composition of a lot:

o Survey the growing area and verify GPS coordinates of lot(s). Note the average height, 

appearance, plant density, and degree of maturity of the plants. Visually assess the 

homogeneity of the lot to be sampled to establish that the lot is of like variety. Estimate 

the lot area and number of plants in the lot. When sampling indoor facilities with tiers of 

plants growing under artificial lights, add up the square footage of each tier. Record 

relevant data. 

o When possible, walk through the lot following a sawtooth pattern, beginning at one 

point of the lot, and walking towards another point located on the opposite side of the 

lot. If lots are grown in a single row or narrow band of rows, walk the extent of it, taking 

samples at points throughout. If lots are grown under lights indoors, be able to access all 

tiers of plants. Avoid sampling from field edges and in areas where plants appear 

stressed and unhealthy. 

o From each flowering cannabis plant selected for a sample, the sampling agent will cut 

off a 5 to 8” flowering end of a branch from the upper one‐third of the plant. The 

sample may be the top cola of the plant. The flowering branches collected for that lot 

will be held in a plastic bucket while the agent moves through that lot. 

6 | Page State of Maine Hemp Program
o For CBD/resin hemp crops, either indoor or outdoor, the following table will be used to 

determine how many plants from which to take flowering stems. 

o For grain and fiber crops, the following USDA generated tables will be used to determine 

how many plants from which to take flowering stems. 

7 | Page State of Maine Hemp Program
o When sampling for a lot is complete, the agent will divide the contents of the bucket 

into two new paper bags creating a pair of samples, one of which the lab will hold as a 

backup in the event a second THC analysis is needed for that lot. Each paper bag is 

sealed with security tape and labeled with a numbering system that identifies license

number, lot, date of sample, and sampling agent. The agent will use rubbing alcohol and 

towels to clean pruning shears, hands, and collection bucket between lots. Above all, 

the sampling agent must make sure that flower material from one lot is not mingled 

with that from another lot. 

o Sample bags will be held in a cool, dry, and secure place within the agent’s vehicle until 

they are stored in a dedicated and locked refrigerator at the Department’s 

headquarters. The lab will retrieve samples from this refrigerator for testing and 

storage. 

7. The Department will require that a licensed producer or authorized representative of the 

licensed producer be present at the growing site during a scheduled sample collection 

whenever possible. 

8. The Department shall have complete and unrestricted access during reasonable business 

hours to all hemp and other cannabis plants and all land, buildings, etc., used for cultivation 

and/or handling. 

9. The Department will use the following testing procedures for total delta‐9‐THC 

concentration: establish an agreement with an ISO 17025 Accredited lab to perform THC 

analysis and require that the laboratory share test results to the Department; share reported 

test results to licensed producers and report test results to the USDA using the Laboratory Test 

Results Report (AMS‐22); require that the laboratory use gas or liquid chromatography with 

detection to provide quantitative determination of THC levels (delta‐9‐THC and THCA) on a dry 

weight basis. The lab will determine Total THC concentration (dry weight basis) with the 

following calculation: Total THC = delta‐9‐THC + (THCA X 0.877). 

10. The Department will require that the laboratory use appropriate validated methods and 

procedures for all testing activities and evaluate the MU, which must be estimated and 

reported with test results. The Department has defined MU as follows: “Measurement of 

Uncertainty” or “MU”, means the parameter associated with the results of a measurement that 

characterizes the dispersion of the values that could reasonably be attributed to the particular 

quantity subject to measurement. If a sample measure of 0.3% THC falls within the MU range, 

then the sample meets acceptable hemp THC levels. 

11. The Department shall prohibit any hemp grown in a lot where the acceptable THC level is 

non‐compliant from handling, processing, or entering the stream of commerce. The 

Department has defined the acceptable hemp THC level as follows: “Acceptable Hemp THC 

Level” means the total THC concentration is equal to or less than 0.3% on a dry weight basis, as 

8 | Page State of Maine Hemp Program
reported by an ISO 17025 Accredited laboratory. The designated laboratory will also report the 

MU. The application of the MU to the reported delta‐9 THC content concentration level 

produces a distribution or range. If 0.3% or less is within the distribution or range, then the 

sample will be considered hemp. 

12. After December 31, 2022, the Department will only use a DEA registered laboratory for 

hemp compliance testing. 

9 | Page State of Maine Hemp Program
C. Remediation or Disposal of Non‐Compliant Plants

1. The Department will ensure that licensed producers properly remediate or destroy non‐

compliant plants, per USDA instruction, within 30 days after receiving the test result. 

2. Growers choosing to remediate non‐compliant hemp may do so by removing all the floral 

material and disposing of it or by shredding the industrial hemp plant into a biomass‐like 

material. Under either remediation method, growers are required to contact the Department to 

collect an official sample of the remediated hemp. If the results of the remediation test reveal a 

total THC concentration that is greater than the acceptable THC level, the grower must dispose 

of the industrial hemp lot using a disposal method that is included in this State Plan. 

3. An authorized employee from the Department will witness the destruction of any cannabis 

that exceeds the acceptable hemp THC level until it is rendered non‐retrievable. Destruction 

must be done on‐site. Growers may plow the non‐compliant hemp crop in such a way as to 

bury it below the soil; compost the shredded crop with other feedstocks; or burn it.  

4. The Department will record all disposals and remediation and report them to the USDA using 

the Annual Report. The Department will send all post‐remediation lab test results to USDA. 

10 | Page State of Maine Hemp Program
  

   

D.  Compliance with Enforcement Procedures Including Annual Inspection of Hemp  

Producers 

1. The Department will use the following definition for “Key Participants”: 

o “Key Participants” means person or persons who have a direct or indirect financial 

interest in the entity producing hemp, such as an owner or partner in a partnership. A 

key participant also includes persons in a corporate entity at executive levels, including 

CEO, COO, and CFO. This may not include other management positions like farm, field, 

or shift managers. 

o “Criminal History Report” means a report detailing an individual’s conviction status 

related to a controlled substance within the past 10 years at the state or federal level, 

which must be dated within sixty days prior to the date of application submission, to be 

renewed every three years. A Criminal History Report is required for all key participants 

and authorized representatives. 

o With respect to colleges and universities conducting hemp research, the principal 

investigator is considered the applicant, with co‐principal investigators as key 

participants. Criminal history reports must be included for these individuals. 

2. The following are ineligible applicants for a hemp license: 

o Any person who willfully and materially falsifies any information in an application.

o Any person or business entity with Key Participants convicted of a felony related to a 

controlled substance under state or federal law in the 10‐year calendar year period prior 

to the application date. See Disqualifying Felony definition in bullet number 6 below. 

o A licensee that commits a negligent violation three times in a 5‐year period shall be 

ineligible to produce hemp for a 5‐year period beginning on the date of the third 

violation. 

3. The Department will conduct annual inspections of, at a minimum, a random sample of 

licensed producers to verify that hemp is not produced in violation of the Hemp Program. 

o The Department will schedule inspections to occur when hemp is actively being grown 

and harvested. The Department will notify producers prior to inspections. 

o The Department will generate a random selection from a list of licensed producer 

numbers. 

o A Department representative will conduct inspections to review records and 

documentation to include site visits to farms, fields, greenhouses, storage facilities, or 

other locations affiliated with the producer’s hemp operation. 

o During inspections, the Department will also confirm compliance with State Nursery 

Law, Pesticide Law, Seed Law, and Federal Seed Act. 

o The Department will assess whether required records and documentation are properly 

maintained for accuracy and completeness. The Department will document findings. If 

an inspection results in the discovery of a negligent violation of the Maine Hemp 

Program, the Department will institute a corrective action plan. 

11 | Page State of Maine Hemp Program
4. The Department will require a corrective action plan for negligent violations that result from:  

o Failure to provide legal description of land. 

o Failure to obtain a license. 

o Producing hemp crops that exceed the acceptable THC level. The Department will not 

consider hemp producers as committing a negligent violation if they produce plants 

exceeding the acceptable hemp THC level while using reasonable efforts to grow hemp, 

and the lot does not have a concentration of more than 1.0 percent on a dry weight 

basis. 

o Failure to file required reports to the Department in a timely manner. 

The corrective action plan will include: 

o A reasonable date by which the licensed producer will correct the negligent violation. 

o A requirement that licensed producers periodically report to the Department on 

compliance with this plan for a period of not less than two years following the violation. 

The Department will conduct inspections to determine if corrected actions have been 

implemented. 

5. Producers shall not receive more than one negligent violation per growing season. A license 

holder who has received three negligent violations in a five‐year period is ineligible to produce 

hemp for a period of five years from the date of the third violation. Negligent violations are not 

subject to criminal enforcement. 

6. The Department will use the following definition for “Disqualifying Felony”: a state or federal 

felony related to a controlled substance for 10 years prior to the date when a Criminal History 

Report is completed. A person with a Disqualifying Felony is ineligible to participate in the State 

of Maine Hemp Program for 10 years following the date of conviction, with the following 

exception:  This ineligibility requirement does not apply if the applicant grew industrial hemp 

before December 20, 2018, as a pilot program participant under the agricultural act of 2014 

(Public Law 113‐79) and the applicant or the key participant’s conviction occurred before 

December 20, 2018. 

7. If the Department determines that a producer has willfully violated the Maine Hemp 

Program Plan, the Department, as applicable, shall immediately report the producer to the U.S. 

Attorney General and the chief law enforcement officer of the State. 

12 | Page State of Maine Hemp Program
  

E.  Information Sharing 

1. The Department will use the State Hemp Producer Report to report the following 

information to the USDA, not later than 30 days after it is received using the reporting

requirements as determined by the USDA in § 990.70 of the rule. The Department will collect 

information as submitted by licensed producers on the Maine Hemp Program Application and 

Indoor or Outdoor Planting Report forms. Contact information for each hemp producer covered 

under the plan must be provided, including: 

o Name, address, telephone number, and email address 

o If the producer is a business entity, the full name of the business, address of the 

principal business location, full name and title of the key participants, an email address 

if available, and EIN number of the business entity 

2. The Department will correspond monthly with FSA to confirm information for each licensed 

producer and lots. 

3. Licensed hemp producers will report the information described above to USDA‐FSA as 

determined by USDA‐AMS in §990.70 of the rule. 

13 | Page State of Maine Hemp Program
             

   

  

F.  Certification of Resources 

The signature below certifies that the State of Maine has the resources and the personnel to 

carry out the practices and procedures described in the State of Maine’s Hemp Program Plan 

submitted on November 16, 2021, by Commissioner Amanda Beal of the Maine Department of 

Agriculture, Conservation and Forestry to the USDA, pursuant to Section 297B(a)2(A)(i‐vii) of 

the Agriculture Improvement Act of 2018, and more formally outlined in the Hemp Final Rule (7 

CFR Part 990: Establishment of a Hemp Program), and the rules authorized by MRS Title 7, Part 

5, Chapter 406‐A. 

Amanda Beal, Commissioner           Date: December 20, 2021

Maine Department of Agriculture, Conservation and Forestry 

14 | Page State of Maine Hemp Program
G.  Plan Approval, Technical Assistance and USDA Oversight 

The Department will submit for approval to the USDA a Hemp Program plan to allow for the 

production of hemp in the State of Maine. The Department acknowledges that the production 

of hemp in the State of Maine may not commence until this plan has been approved by the 

USDA. 

Once the plan has received approval from USDA, it will remain in effect, unless revoked by 

USDA pursuant to the revocation procedures identified in the Hemp Program Final Rule, or 

unless the Department makes substantive revisions to the State plan or laws that alter the way 

the plan meets the requirements of the Hemp Production Final Rule. 

USDA has the authority to audit States and Tribes to determine if they are in compliance with 

the terms and conditions of their approved plans. If a State or Tribe is non‐compliant with their 

plan, USDA will work with that State or Tribe to develop a corrective action plan following the 

first case of noncompliance. 

The USDA will post an approved State and Tribal plan, including their respective rules, 

regulations, and procedures, on USDA’s hemp program website. Additionally, changes to the 

provisions or procedures under this rule, or to the language in the 2018 Farm Bill, may require 

plan revision and resubmission to USDA for approval. Should States or Tribes have questions 

regarding the need to resubmit their plans, they should contact USDA for guidance. Statutory 

amendments could result in revocation of some or all plans. 

If USDA decides to revoke a state plan, such revocation will begin after the end of the current 

calendar year, so producers have the opportunity to adjust and apply for a license under the 

USDA plan. 

15 | Page State of Maine Hemp Program