An Act To Promote Industrial Hemp
Maine Legislature, Session 127, LD 0004
Committee: Agriculture, Conservation and Forestry
Sponsors: SANDERSON, HAMPER, DUNPHY, GOODE, O'CONNOR, PARRY, POULIOT, SHAW, TIMBERLAKE
Amends: 7 MRSA §2231

Legislative Document 
No. 4 
H.P. 7 
House of Representatives, January 7, 2015 
An Act To Promote Industrial Hemp 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Cosponsored by Senator HAMPER of Oxford and 
Representatives: DUNPHY of Embden, GOODE of Bangor, O'CONNOR of Berwick, PARRY 
of Arundel, POULIOT of Augusta, SHAW of Standish, TIMBERLAKE of Turner. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §2231, as enacted by PL 2009, c. 320, §1, is amended to read: 
§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 exceed 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.  A person licensed pursuant to subsection 4 may 
plant, grow and harvest only hemp that is grown from seeds acquired from an approved 
Canadian producer of hemp seeds. A person licensed pursuant to subsection 4 may 
acquire hemp seeds directly from a producer in Canada or from a hemp seed distributor 
licensed in this State distributing hemp seeds pursuant to subsection 2-A. 
2-A.  Seed distribution.  The commissioner may issue a license for a hemp seed 
distributor if the hemp seeds distributed by the hemp seed distributor are from an 
approved Canadian producer of hemp seeds that ensures that the hemp cultivated by a 
grower has a concentration of no more than 0.3% delta-9-tetrahydrocannabinol by dry 
weight.  The commissioner may issue a license under this subsection to a holder of a seed 
labeling license pursuant to section 1044-A. 
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 fingerprints, taken by a law enforcement 
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. 
4.  License issued.   Upon review and approval of an application, the commissioner 
shall notify the applicant and request that the application fee determined under subsection 
be submitted.  Upon receipt of the 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 
commissioner 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 an application fee, a license fee 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, and 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, nonlapsing 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. 
Sec. 2.  Appropriations and allocations.  The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Division of Plant Industry 0831 
Initiative: Provides funding for one part-time Certified Seed Specialist position and 
related costs to conduct testing, inspection and monitoring related to the production of 
industrial hemp. 
Office of the Commissioner 0401 
Initiative: Provides funding for one part-time Certified Seed Specialist position and 
related costs to conduct testing, inspection and monitoring related to the production of 
industrial hemp. 
SUMMARY 
This bill removes the requirements that an applicant for an initial license to grow 
industrial hemp for commercial purposes must submit a set of the applicant's fingerprints 
and file with the Commissioner of Agriculture, Conservation and Forestry documentation 
indicating that the seeds planted were a type and variety of hemp approved by the 
commissioner and also repeals the provision that licensure is contingent upon action by 
the Federal Government. 
The bill requires that any hemp seeds acquired for cultivation of hemp in the State 
must come from an approved Canadian producer of hemp seeds.  It allows the 
Commissioner of Agriculture, Conservation and Forestry to issue licenses for hemp seed 
distribution to holders of seed labeling licenses.  It also allows hemp growers licensed by 
the State to acquire hemp seeds directly from a producer in Canada or from a state-
licensed hemp seed distributor.  It requires that application fees and license fees must be 
established by major substantive rules.  It includes an appropriations and allocations 
section. 
OTHER SPECIAL REVENUE FUNDS 
2015-16
2016-17
POSITIONS - FTE COUNT 
0.250
0.250
Personal Services 
$14,111
$14,111
All Other 
$6,842
$6,842
OTHER SPECIAL REVENUE FUNDS TOTAL 
$20,953
$20,953
OTHER SPECIAL REVENUE FUNDS 
2015-16
2016-17
All Other 
$2,500
$0
OTHER SPECIAL REVENUE FUNDS TOTAL 
$2,500
$0
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
2015-16
2016-17
OTHER SPECIAL REVENUE FUNDS 
$23,453
$20,953
DEPARTMENT TOTAL - ALL FUNDS 
$23,453
$20,953