An Act Relating to Industrial Hemp Reference to the COIn1f!.ittee on Agriculture, Conservation and Forestry suggested and ordered printed. . . 'I1/A-~ /h. 7I!tU~Y14{
Maine Legislature, Session 124, LD 1159
Sponsors: WELSH, CLARK, EATON, MARTIN, PERCY, PIEH, WEBSTER, CRA YEN, NUTTING

Legislative Document 
No. 1159 
H.P.798 
House of Representatives, March 25,2009 
An Act Relating to Industrial Hemp 
Reference to the COIn1f!.ittee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
. 
. 'I1/A-~ /h. 7I!tU~Y14{ 
MILLICENT M. MacFARLAND . 
Clerk 
Presented by Representative WELSH of Rockport. 
Cosponsored by Representatives: CLARK of Millinocket, EATON of Sullivan, MARTIN of 
Eagle Lake, PERCY of Phippsburg, PIEH of Bremen, WEBSTER of Freeport, Senators: 
CRA YEN of Androscoggin, NUTTING of Androscoggin. 
Printed l.lll rccycled pilper 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA c. 406-A is enacted to read: -
CHAPTER 406-A 
HEMP 
5, 
§2231. Industrial hemp 
1.' Definition.', As used 'in this chapter, unless the context otherwise indicates, 
"industrial hemp" has the same meaning as in Title 17-A, section 1101, subsection 22. 
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 3. 
' 
3. License., 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 for a license must include the name and address of the applicant and the 
legal description of the land area to be used for the production of industrial hemp. Except 
for employees of the Maine Agricultural Experiment Station and the University of Maine 
System involved in research and related activities, the commissioner shall require each 
applicant for initial licensure to file a set of the applicant's fingerprints, taken by a law 
enforcement officer, and any other information necessary to complete a statewide and 
nationwide criminal history record check with the Department of Public Safety, State 
Bureau of Identification for state processing and with the Federal Bureau of Investigation 
for federal processing. All costs associated with the criminal history record check are the 
responsibility of the applicant. Criminal history records provided to the commissioner 
under tIlls seCtion are confidential. 
The commissioner may use the records only in 
determining, an applicant's eligibility for licensure. 
A person with a prior criminal 
conviction is not eligible for licensure. If the applicant has completed the application 
process to the satisfaction of the commissioner, the commissioner shall issue the license, 
which is valid for a period of one year. Any person licensed under this subsection is 
presumed to.be growing industrial hemp for commercial purposes. 
'4. Documentation. A licensee shall file with the commissioner documentation 
indicating that the seeds planted were of a type and variety of hemp certified to have a 
concentration of no more than 0.3% delta-9-tetrahydrocannabinol 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 names of the persons to 
whom the industrial hemp was sold,or distributed. 
5. Rules; fee. The commissioner shall adopt rules to allow industrial hemp to be 
tested during growth for delta-9-tetrahydrocannabinollevels and to allow for supervision 
of the growth and harvest of the industrial hemp. 
Rules adopted pursuant t6 this 
subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2-A. 
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To provide sufficient funds to pay costs associated with monitoring and testing industrial 
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hemp, the conunissioner shall assess each applicant a fee of $5 per acre. The minimum 
fee assessed must be $150 per applicant. 
SUMMARY 
This bill allows a person to grow industrial henip if that person holds a license issued 
by the Conunissioner of Agriculture, Food and Rural Resources and the hemp is grown 
under a federal permit in compliance with the conditions of that permit. Except for 
employees of the Maine Agricultural Experiment Station and the University of Maine 
System involved in research and related activities, a criminal history record check must 
be completed on an applicant for liceIfsure. A person with a prior criminal conviction is 
not eligible for licensure. Industrial hemp is subject to being tested during its growth, and 
the growing and harvesting of industrial hemp is subj ect to supervision.