An Act Relating to Industrial Hemp
Maine Legislature, Session 124, LD 1159
Committee Amendment CA_A_H356 (House)

COMMITTEE AMENDMENT" A " to H.P. 798, L.D. 1159, Bill, "An Act Relating 
to Industrial Hemp" 
Amend the bill in section 1 by striking out all of §2231 (page 1, lines 5 to 39 and 
'§2231. Industrial hemp 
1. Definition. As used in this chapter, unless the context otherwise indicates, 
"industrial hemp" means any variety of Cannabis sativa L. with a delta-9-
tetrahydrocannabinol concentration that does not exc,eed 0.3% on a dry weight basis and 
that is grown or possessed by a licensed grower in compliance with this chapter. 
2. Growing permitted. Notwithstanding any other provision of law, a person may 
plant,' grow, harVest, possess, process, sell and buy industrial hemp if that person holds a 
license issued pursuant to subsection 4. 
3. Application. A person desiring to grow industrial hemp for commercial purposes 
shall apply to the commissioner for a license on a form prescribed by the commissioner. 
The application must include the name and address of the applicant, the legal description 
of the land area to be used for the production of industrial hemp and a map,' an aerial 
photograph or global positioning coordinates sufficient for locating the production fields. 
Except for employees of the Maine Agricultural Experiment Station and the University of 
Maine System involved in research and related activities, an applicant for an initial 
licensure must submit a set of the applicant's fingerp~ints, taken by a law enforcelnent 
officer, and any other information necessary to complete a statewide and nationwide 
criminal history record check by the Department of Public Safety, State Bureau of 
Identification and the Federal Bureau of Investigation. All costs associated with the 
criminal history record check are the responsibility of the applicant and must be 
submitted with the fingerprints. Criminal history records provided to the commissioner 
under this section are confidential. The results of criminal records checks received under 
this subsection may only be used in determining an applicant's eligibility for licensure. A 
person with a prior criminal conviction is not eligible for licensure. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to H.P. 798, L.D. 1159 
4. License issued. Upon review and approval of an application, the commissioner 
shail notify the applicant and request that the application fee determined under subsection 
be submitted. Upon receipt oftlie appropriate fee and in accordance with subsection 8, 
the commissioner shall issue a license, which is valid for a period of one year and only 
for the site or sites specified in the license. 
5. Documentation. A licensee shall file with the commissioner documentation 
indicating that the seeds planted were of a type and variety of hemp approved by the 
COlTIlTIlSSlOner 
as 
having 
a 
concentration of no 
more 
than' 0.3% 
delta-9-
tetrahydrocannabinol by dry weight and a copy of any contract to grow industrial hemp. 
A licensee shall notify the commissioner of the sale or distribution of industrial hemp 
grown by the licensee and the name of each person to whom the industrial hemp was sold 
or distributed. 
6. Rules. The commissioner shall adopt rules to establish approved varieties of 
industrial hemp, protocols for testing plant parts during growth for delta-9-
tetrahydrocannabinol levels and guidelines for monitoring the growth and harvest of 
industrial hemp. Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
7. Fees. The commissioner shall establish through rulemaking under subsection 6 an 
application fee, a license fee and per acre fees for monitoring, sampling and testing that 
are reasonable and necessary to cover the costs of the department. 
All fees received pursuant to this subsection must be paid to the Treasurer of State and 
credited to a separate, non lapsing account in the department. Money received pursuant to 
this subsection must be used for the expenses of administering this chapter. 
8. Licensing contingent upon action by Federal Government. A license may not 
be issued under this section unless: 
A. The United States Congress excludes industrial hemp from the definition of 
"marihuana" for the purpose of the Controlled Substances Act, 21 United States 
Code, Section 802(16); or 
B. The United States Department of Justice, Drug Enforcement Administration takes 
affirmative steps towards issuing a permit under 21 United States Code, Chapter 13, 
Subchapter 1, Part C to a person holding a license issued by a state to grow industrial 
hemp. 
The commissioner shall notify the Revisor of Statutes and the Commissioner of Public 
Safety when the requirements of either paragraph A or B have been met.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. It enacts a definition of "industrial hemp." In 
addition to the legal description of the land, as required by the bill, this amendmelit also· 
requires a map, an aerial photograph or global positioning coordinates sufficient for 
locating the land area· to be used for industrial hemp. 
It clarifies elements of rules 
necessary to implement the licensing of industrial hemp growers. 
It directs the 
Commissioner of Agriculture, Food and Rural Resources to establish application fees and 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A" to H.P. 798, L.D. ) 159 
per acre monitoring fees that are reasonable and necessary to cover the cost of 
implementing the licensing and monitoring of industrial hemp production. 
This amendment specifies that the commissioner may not issue a license to grow 
industrial hemp unless the definition of "marihuana" in the federal Controlled Substances 
Act is amended to exclude industrial hemp or the United States Department of Justice, 
Drug Enforcement Agency acts positively on a permit application for the growing of 
industrial hemp. 
FKSCAL ?-;OTE J~E(jL1RED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/15/09 
~ac:.. 
LD 1159 
LR 631(02) 
An Act Relating to Industrial Hemp 
Fiscal Note for Bill as Amended by Committee Amendment "ff' 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
Current biennium revenue increase - Other Special Revenue Funds 
. Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and JudiciaHmpact Statements 
Decreases the number of Class D and Class E crimes; decreases correctional and judicial costs, 
A reduction in fines will decrease General Fund revenue by minor amounts. 
Fiscal Detail and Notes' 
Additional costs to the Department of Agriculture, Food and Rural Resources to conduct rulemaking and establish this 
program can be absorbed within existing budgeted resources. The bill allows for the collection of an application fee, a 
license fee and per acre fees for monitoring, sampling and testing that are reasonable and necessary to cover the costs 
of the Department. Increased revenues cannot be reasonably determined as it is not known how many applicants there 
may be, nor how many acres may be involved. Before the full impact of this legislation can be realized, there would 
need to be further efforts at the Federal level to legalize commercially grown hemp. If that happens, the Department 
would incur annual costs of $51 ,570 for one half-time Certified Seed Specialist and related administrative costs to 
conduct testing and supervise the growth and harvest of industrial hemp. It is expected, based upon the language in 
the bill, that these costs would be fully covered by applicant fees. 
LR0631 (02) - Fiscal Note - Page 1 of 1 
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