An Act To
Maine Legislature, Session 129, LD 1749
Committee Amendment CA_A_S299 (Senate)
Amends: 7 MRSA §2231, 17-A MRSA §1101, 17-A MRSA §1102, 22 MRSA §2157, 22 MRSA §2158-A, 22 MRSA §2422, 28-B MRSA §102

COMMITTEE AMENDMENT "ff " to S.P. 585, L.D. 1749, Bill, "An Act To 
Amend the State's Hemp Laws" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 7 MRSA §2231, as amended by PL 2019, c. 115, §1, is further amended to 
read: 
§2231. Hemp 
1. 
Definition. 
A,s used in this ohapter, unless the oontext othenvise indioates, 
"hemp" means the plant Cannabis sativa L. and any part of that plant, inoluding the seeds 
and all derivatives, extraots, oannabinoids, isomers, acids, salts and salts of isomers, 
whether growing or not, \vith a delta 9 tetrahydrooannabinol conoentration of not more 
than 0.3% on a dry '.Yeight basis and that is grown or possessed by a licensed grower in 
oomplianoe with this ohapter. "Hemp" includes agrioultural oommodities and produots 
derived from hemp and topioal or ingestible oonsumer products, including food, food 
additives and food products derived from hemp. "Hemp" does not inolude marijuana for 
medical use pursuant to Title 22, chapter 558 C or adult use marijuana pursuant to Title 
B, ohapter 1. l.s used in this ohapter, unless the conte1ct otherwise indicates, "certified 
seed souroe" means a souroe of hemp seeds that are oertified by a 3rd party as produoing 
hemp having a~Gtilia 9 tetrahydrocannabinel oonoentration of not more thall 0.3% Olla 
dry weight basis. 
1-A. Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Certified seed source" means a source of hemp seeds that are certified by a 3rd 
party as producing hemp having a delta-9-tetrahydrocannabinol concentration of not 
more than 0.3% on a dry weight basis. 
B. "Clone" means a hemp plant produced using any part of another hemp plant other 
than the seeds of that hemp plant. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" (: "to S.P. 585, L.D. 1749 '. : · -;'- {' t 
C. "Grower licensee" means a person licensed pursuant to subsection 4. 
D. "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, or as otherwise defined in federal law. 
"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 with a delta-9-tetrahydrocannabinol concentration of not 
more than 0.3% on a dry weight basis or as otherwise defined in federal law. "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. 
E. "Indoor facility" means a building, greenhouse, cold frame, hoop house, high 
tunnel, floating row cover or other agricultural or horticultural method of extending 
the growing season by enclosing the growing area. 
2. Growing permitted. Notwithstanding any other provision of law, a person may 
plant, grow, harvest, possess, process, sell and buy hemp if that person holds a license 
issued pursuant to subsection 4, except that a person may plant and grow up to 3 hemp 
plants on no more than one acre of land area or within an indoor facility and harvest, 
possess and process that hemp for personal use without a license. A person licensed 
pursuant to subsection 4 grower licensee may plant, grow and harvest only hemp that is 
grown from seeds saved by the grower licensee as provided in paragraph A, acquired 
from a certified seed source, grown from a clone that is produced from seeds acquired 
from a certified seed source or propagated from tissue cultures that are removed from live 
plants grown from seeds acquired from a certified seed source. 
A person licensed 
pursuant to subsection 4 grower licensee may acquire hemp seeds directly from a 
certified seed source or from a hemp seed distributor licensed in this State distributing 
hemp seeds pursuant to subsection 2-A. 
A. A grower licensee may save seeds from hemp plants that the person has grown 
and harvested and, after having ensured through testing by an independent 3rd-party 
tester that the plants that will grow from the seeds will meet the definition of hemp, 
may use those seeds for breeding and planting hemp. 
B. A grower licensee, within 14 days after planting hemp seeds or clones, shall 
provide to the commissioner a listing of the varieties of seeds or clones planted and a 
statement that the seeds or clones meet the definition of hemp. This paragraph may 
not be interpreted to require providing the information required by this paragraph to 
the commissioner in advance of an application to grow hemp. 
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 a certified 
seed source. 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 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 or indoor facility to be used for the production of hemp and a map, an aerial 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /i " to S.P. 585, L.D. 1749 ('J J Cf)) 
photograph or global positioning coordinates sufficient for locating the production fields 
or the floor plan of any indoor facility. For purposes of this subseetion, "indoor faeility" 
ineludes a building, greenhouse, eold frame, hoop house, high tunnel, floating row eov:er 
or other agrieultural or hortieultural method of extending the grov,ring season by 
enelosing the grov;ing area. 
· 
4. License issued. Upon review and approval of an application, the commissioner 
shall notify the applicant for a license to grow hemp under subsection 3 of the approval 
and request that the application fee determined under subsection 7 be submitted. Upon 
receipt of the appropriate fee, 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. 
A person who manufactures, sells, offers for sale or serves ingestible consumer products 
containing hemp or cannabidiol derived from hemp must be licensed pursuant to section 
2901-C; Title 22, chapters 551, 562 or 562-A; or Title 28-A. 
5-A. Final location for growing hemp. A grower licensee shall, within 14 days of 
planting hemp, provide the commissioner with a final legal description of the land area or 
indoor facility to be used for the production of hemp and a map, an aerial photograph or 
global positioning coordinates sufficient for locating each field, site or indoor facility 
where hemp is growing. 
6. Rules. The commissioner shall adopt rules to establish an application fee, a 
license fee, per acre or per square foot fees for monitoring, sampling and testing and 
guidelines for monitoring the growth and harvest of hemp. Rules adopted pursuant to this 
subseetion are routine teehnieal rules as defined in Title 5, ehapter 375, subehapter 2 l' ... 
The rules must establish methods for verifying that plant materials used in breeding, 
tissue culture and cloning are hemp and not marijuana. 
Rules adopted pursuant to this subsection are routine technical rules as defmed in Title 5, 
chapter 375, subchapter 2-A. 
6-A. Preliminary program; indoor cultivation. The commissioner shall establish 
a preliminary program to allow the growing of hemp inside buildings and greenhouses. 
The number of grower licensees selected for the program under this subsection may be 
limited by available resources as determined by the department. 
Notwithstanding 
subsection 7, the rules may specify additional fees based on square footage and the 
number of buildings or greenhouses approved under the program. A grower licensee who 
uses a hoop house, high tunnel, row cover or other season extender over crops approved 
for outdoor cultivation may not be required to be part of the program and may not be 
assessed additional fees. 
7. Fees. The commissioner shall establish through rulemaking under subsection 6 an 
application fee, a license fee and per acre or per square foot fees for monitoring, sampling 
and testing that are reasonable and necessary to cover the costs of the department. The 
application fee must be no less than $50 and no more than $100, the license fee must be 
no less than $100 and no more than $500, and the fees for monitoring, sampling and 
testing must be no less than $1 per acre and no more than $100 per acre and no more than 
25¢ per square foot. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /1" to S.P. 585, L.D. 1749 
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. 
9. Confidentiality. Notwithstanding Title 1, section 402, the legal description of the 
land area or indoor facility to be used for the production of hemp provided under 
subsections 3 and 5-A, including a map, an aerial photograph or global positioning 
coordinates sufficient for locating each field, site or indoor facility where hemp will be 
grown, handled or stored, is confidential and may be shared with state, county and local 
government agencies only for purposes of administration and enforcement of this section. 
Summary reports of information designated as confidential may be released to the public 
using aggregate data that does not reveal the location of a field, site or indoor facility 
where hemp is grown, handled or stored. 
10. Hemp not tracked as marijuana. Notwithstanding any provision of Title 22, 
chapter 558-C or Title 28-B, chapter 1 to the contrary, hemp and products derived from 
hemp may not be tracked as part of the medical use of marijuana program under Title 22, 
chapter 558-C or the regulation of adult use marijuana under Title 28-B, chapter 1. 
11. Annual report. No later than April 1st, the commissioner shall submit to the 
joint standing committee of the Legislature having jurisdiction over agricultural matters 
an annual report that contains at a minimum: 
A. The number of licenses issued under subsection 4; 
B. The number of acres all land areas licensed for the cultivation of hemp and the 
square footage of indoor facilities licensed for the cultivation of hemp; 
C. Total amount of harvested hemp, in pounds; 
D. The types of commodities or products derived from hemp manufactured or sold 
within the State; and 
E. The types of commodities or products derived from hemp exported outside the 
State. 
Sec. 2. 17-A MRSA §1101, sub-§1, as amended by PL 1975, c. 740, §96, is 
further amended to read: 
1. 
"Ma_rijuana" includes the leaves, stems, flowers and seeds of all species of the 
plant genus cannabis, whether growing or not; but shall does not include the resin 
extracted from any part of such plant and every compound, manufacture, salt, derivative, 
mixture or preparation from such resin including hashish and further, shall does not 
include the mature stalks of such plant, fiber produced from such stalks, oil or cake made 
from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture 
or preparation of such mature stalks, fiber, oil or cake or the sterilized seed of such plant 
whieh that is incapable of germination. "Marijuana" does not include hemp as defined in 
Title 7, section 2231, subsection 1-A, paragraph D. 
Sec. 3. 17-A MRSA §1101, sub-§5, as enacted by PL 1975, c. 499, §1, is 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" Yi "to S.P. 585, L.D. 1749 (1j · ~~ <f)) 
5. 
"Hashish" includes the resin extracted from any part of the cannabis plant and 
every compound, manufacture, salt, derivative, mixture or preparation from such resin. 
"Hashish" does not include the resin extracted from hemp as defined in Title 7, section 
2231, subsection 1-A, paragraph D. 
Sec. 4. 17-A MRSA §1101, sub-§22, as amended by PL 2019, c. 12, Pt. B, §2, is 
repealed. 
Sec. 5. 17-A MRSA §1101, sub-§22-A is enacted to read: 
22-A. "Hemp" has the same meaning as in Title 7, section 2231, subsection 1-A, 
paragraph D. 
Sec. 6. 17-A MRSA §1102, sub-§4, ,rG, as enacted by PL 2013, c. 341, §6, is 
amended to read: 
G. Synthetic cannabinoids, including: 
(1) Tetrahydrocannabinols that are naturally contained in a plant of the genus 
cannabis or a cannabis plant, excluding tetrahydrocannabinols contained in hemp 
as defined in Title 7, section 2231, subsection 1-A, paragraph D, as well as 
synthetic equivalents of the substances contained in the cannabis plant or in the 
resinous extraotives extracts of cannabis or synthetic substances, derivatives and 
their isomers with similar chemical structure and pharmacological activity, 
including the following: 
(a) Delta-I cis or trans tetrahydrocannabinol and their optical isomers; 
.21 
(b) Delta-6 cis or trans tetrahydrocannabinol and their optical isomers; or 
(c) Delta-3,4 cis or trans tetrahydrocannabinol and their optical isomers; 
(2) 
Naphthoylindoles, 
including 
any compound containing a 3-(1-
naphthoyl)indole structure with substitution at the nitrogen atom of the indole 
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(N-
methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not 
further substituted in the indole ring to any extent and whether or not substituted 
in the naphthyl ring to any extent, including the following: 
(a) 1-Pentyl-3-(1-naphthoyl)indole or JWH-018 or AM-678; 
(b) 1-Butyl-3-(1-napthoyl)indole or JWH-073; 
(c) l-Pentyl-3-(4-methoxy-1-naphthoyl)indole or JWH-081; 
( d) 1-[2-( 4-morpholinyl)ethyl]-3-(1-naphthoyl)indole or JWH-200; 
(e) l-Propyl-2-methyl-3-(1-naphthoyl)indole or JWH-015; 
(f) l-Hexyl-3-(1-naphthoyl)indole or JWH-019; 
(g) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole or JWH-122; 
(h) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole or JWH-210; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f, "to S.P. 585, L.D. 1749 
} 
(i) l-Pentyl-3-( 4-chloro-1-naphthoyl)indole or JWH-398; or 
(j) 1-( 5-fluoropentyl)-3-(1-naphthoyl)indole or AM-2201; 
(3) Naphthylmethylindoles, including any compound containing a H-indol-3-yl-
(1-naphthyl)methane strncture with substitution at the nitrogen atom of the indole 
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-
methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not 
further substituted in the indole ring to any extent and whether or not substituted 
in the naphthyl ring to any extent, including the following: 
(a) l-Pentyl-lH-indol-3-yl-(1-naphthyl)methane or JWH-175; or 
(b) 1-Pentyl-lH-3-yl-(4-methyl-1-naphthyl)methane or JWH-184; 
(4) 
Naphthoylpyrroles, including any compound containing a 3-(1-
naphthoyl)pyrrole strncture with substitution at the nitrogen atom of the pyrrole 
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl or 2-( 4-
morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to 
any extent and whether or not substituted in the naphthyl ring to any extent, 
including ( 5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone or 
JWH-307; 
(5) Naphthylideneindenes or naphthylmethylindenes, including any compound 
containing a naphthylideneindene structure with substitution at the 3-position of 
the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or 
not further substituted in the indene ring to any extent and whether or not 
substituted in the naphthyl ring to any extent, including E-1-[l-(1-
Naphthalenylmethylene)-lH-inden-3-yl]pentane or JWH-176; 
(6) 
Phenylacetylindoles, 
including 
any 
compound containing 
a 3-
phenylacetylindole strncture with substitution at the nitrogen atom of the indole 
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(N-
methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not 
further substituted in the indole ring to any extent and whether or not substituted 
in the phenyl ring to any extent, including the following: 
(a) l-(2-cyclohexylethyl)-3-(2-methoxypheylacetyl)indole or RCS-8; 
(b) 1-Pentyl-3-(2-methoxyphenylacetyl)indole or JWH-250; 
(c) 1-Pentyl-3-(2-methylphenylacetyl)indole or JWH-251; or 
(d) l-Pentyl-3-(2-chlorophenylacetyl)indole, or JWH-203; 
(7) 
Cyclohexylphenols, including any compound containing a 2-(3-
hydroxycyclohexyl)phenol strncture with substitution at the 5-position of the 
phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or 
not substituted in the cyclohexyl ring to any extent, and their isomers with similar 
chemical structure and pharmacological activity, including the following: 
COMMITTEE AMENDMENT 
. 
-""' 
COMMITTEE AMENDMENT" f\ "to S.P. 585, L.D. 1749 ((.~:,, .)C/CI) 
(a) 
5-(1, 1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or CP 
47,497; 
(b) 
5-(1, 1-dimethyloctyl)-2-[ ( 1 R,3 S)-3-hydroxycyclohexyl]-phenol 
or 
Cannabicyclohexanol or CP 47,497-CS homologue; or 
( c) 
5-(l,l-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-
hydroxypropyl)cyclohexyl]-phenol or CP 55,490; 
(8) Benzoylindoles, including any compound containing a 3-(benzoyl)indole 
structure with substitution at the nitrogen atom of the indole ring by an alkyl, 
haloalkyl, 
alkenyl, 
cycloalkylmethyl, 
cycloalkylethyl, 
1-(N-methyl-2-
piperidinyl)methyl or 2-( 4-morpholinyl)ethyl group, whether or not further 
substituted in the indole ring to any extent and whether or not substituted in the 
phenyl ring to any extent, including the following: 
(a) 1-Pentyl-3-(4-methoxybenzoyl)indole or RCS-4; 
(b) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole or AM-694; or 
( c) 
( 4-Methoxyphenyl)-[2-methyl-1-(2-( 4-morpholinyl)ethyl)indol-3-
y]methanone or WIN-48,098 or Pravadoline; and 
(9) The following other unclassified synthetic cannabinoids: 
( a) 
(6aR, 1 OaR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol or HU-210; 
(b) 
( 6aS, 1 OaS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-
l 
6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol or Dexanabinol or HU-211; 
( c) 
2,3-Dihydro-5-methyl-3-( 4-morpholinylmethyl)pyrrolo[l ,2,3-de ]-1,4-
benzoxazin-6-yl-1-naphthalenylmethanone or WIN 55,212-2; or 
(d) 
(1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-
tetramethylcyclopropyl)methanone or XLR-11. 
Sec. 7. 22 MRSA §2157, sub-§11, as corrected by RR 2011, c. 2, §26, is 
amended to read: 
11. Artificial flavoring and coloring. If it bears or contains any artificial flavoring, 
artificial coloring or chemical preservative, unless it bears labeling stating the fact. If the 
artificial flavoring and artificial coloring declaration does not refer to the entire contents 
of the package, the words "artificial flavoring" and "artificial coloring" must follow 
immediately each of the ingredients of the package containing one or more of these 
substances. The common or usual name of any chemical preservative must be 
immediately followed by the words "chemical preservation." 
To the extent that 
compliance with the requirements of this subsection is impracticable, exemptions must be 
established by rules adopted by the Commissioner of Agriculture, Conservation and 
Forestry. This subsection, and subsections 7 and 9, with respect to artificial coloring, do 
not apply in the case of butter, cheese or ice cream; 6f 
COMMITTEE AMENDMENT 
\ 
COMMITTEE AMENDMENT"'/-! "to S.P. 585, L.D. 1749 ( c-_ <1 ' i°f ' 
Sec. 8. 22 MRSA §2157, sub-§13, ,c, as enacted by PL 1989, c. 115, is further 
amended to read: 
C. There is a conspicuously displayed directory to which customers can refer for 
information on the contents of unpackaged products offered for sale7~ 
Sec. 9. 22 MRSA §2157, sub-§14, ,c, as amended by PL 1991, c. 506, §5, is 
further amended to read: 
C. The owner or manager of a retail outlet shall ensure that produce without post-
harvest treatment, as determined by the commissioner, is identified by a sign 
contiguous to the specific produce7,;_Q! 
Sec. 10. 22 MRSA §2157, sub-§15 is enacted to read: 
15. Hemp or cannabidiol derived from hemp. If it contains hemp or cannabidiol 
derived from hemp unless: 
A. The package in which the food, food additive or food product is offered for sale 
conspicuously bears a label or stamp that: 
(1) Indicates that the food, food additive or food product contains hemp or 
cannabidiol derived from hemp; 
(2) Describes the cannabidiol content by weight or volume; 
(3) Includes the source of the hemp from which the cannabidiol was derived; 
(4) In the case of extracts or tinctures, indicates the batch number; and 
(5) Includes a disclosure statement that the food, food additive or food product 
has not been tested or evaluated for safety; or 
B. In the case of food, food additives or food products sold, offered for sale or served 
for consumption unpackaged: 
(1) A conspicuous label or sign indicating that the food, food additive or food 
product contains cannabidiol is placed on or immediately next to the food, food 
additive or food product or immediately next to the food's listing on the menu or 
in an open manner where the food order or food product is served; and 
(2) The retail store, hotel, restaurant or other public eating place conspicuously 
displays a directory for use by customers that contains information on the 
contents of all unpackaged products sold, offered for sale or served that contain 
cannabidiol derived from hemp. 
For the purposes of this subsection, "hemp" has the same meaning as in Title 7, section 
2231, subsection 1-A, paragraph D. 
Sec. 11. 22 MRSA §2158-A, as enacted by PL 2019, c. 12, Pt. A, §1, is amended 
to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"/~ "to S.P. 585, L.D. 1749 (5 /_)C1c0 
§2158-A. Food, food additives and food products containing hemp not adulterated 
Notwithstanding any ethef provision of law to the contrary, food, food additives or 
food products that contain hemp, includfag cannabidiol derived from hemp, are not 
considered to be adulterated or misbranded under this subchapter based solely on the 
inclusion of hemp or cannabidiol derived from hemp. The nonphannaceutical or 
nonmedical production, manufacturing, marketing, sale or distribution of food, food 
additives or food products within the State that contain hemp may not be restrioted or 
prohibited within the State based solely on the inclusion of hemp. A food establishment 
or eating establishment, as defined in section 2491, subsection 7, may not make a claim 
that food, food additives or food products that contain hemp can diagnose, treat, cure or 
prevent any disease, condition or injury without approval pursuant to federal law. For the 
purposes of this section, "hemp" has the same meaning as in Title 7, section 2231, 
subsection + 1-A, paragraph D and "manufacturing" means producing, preparing, 
processing, propagating, blending, infusing, compounding, concentrating or converting 
hemp or food, food additives or food products containing hemp either directly or 
indirectly by extraction from substances of natural origin or independently by means of 
chemical synthesis. 
Sec. 12. 22 MRSA §2422, sub-§§3-B and 3-C, as enacted by PL 2017, c. 452, 
§3, are amended to read: 
3-B. Edible marijuana product. "Edible marijuana product" means a marijuana 
product intended to be consumed orally, including, but not limited to, any type of food, 
drink or pill containing harvested marijuana. 
"Edible marijuana product" does not 
include an edible product containing hemp as defined in Title 7, section 2231, subsection 
1-A, paragraph D. 
3-C. 
Harvested marijuana. 
"Harvested marijuana" means the plant material 
harvested from a mature marijuana plant, except the stalks, leaves and roots of the plant 
that are not used for a qualifying patient's medical use. "Harvested marijuana" includes 
marijuana concentrate and marijuana products. "Harvested marijuana" does not include 
plant material harvested from hemp as defined in Title 7, section 2231, subsection 1-A, 
paragraph D. 
Sec. 13. 22 MRSA §2422, sub-§4-B, as amended by PL 2017, c. 452, §3, is 
further amended to read: 
4-B. Mature marijuana plant. "Mature marijuana plant" means a flowering female 
marijuana plant. "Mature marijuana plant" does not include hemp as defined in Title 7, 
section 2231, subsection 1-A, paragraph D. 
Sec. 14. 22 MRSA §2422, sub-§§4-D to 4-1, as enacted by PL 2017, c. 447, §1 
and c. 452, §3, are repealed. 
Sec. 15. 22 MRSA §2422, sub-§§4-J to 4-M, as enacted by PL 2017, c. 452, §3, 
are amended to read: 
4-J. Marijuana extraction. "Marijuana extraction" means the process of extracting 
marijuana concentrate from harvested marijuana using water, lipids, gases, solvents or 
other chemicals or chemical processes. 
"Marijuana extraction" does not include the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "p "to S.P. 585, L.D. 1749 ( . ~ 
i ,:l) 
process of extracting concentrate from hemp as defined in Title 7, section 2231, 
subsection 1-A, paragraph D. 
4-K. Marijuana plant. "Marijuana plant" means a plant of the genus Cannabis, 
including, but not limited to, Cannabis sativa, Cannabis indica and Cannabis ruderalis or 
their hybrids and the seeds of those plants. "Marijuana plant" does not include hemp as 
defined in Title 7, section 2231, subsection 1-A, paragraph D. 
4-L. Marijuana product. 
"Marijuana product" means a product composed of 
harvested marijuana and other ingredients that is intended for medical use. "Marijuana 
product" includes, but is not limited to, an edible marijuana product, a marijuana 
ointment and a marijuana tincture. "Marijuana product" does not include marijuana 
concentrate or a product containing hemp as defined in Title 7, section 2231, subsection 
1-A, paragraph D. 
4-M. Nonflowering marijuana plant. "Nonflowering marijuana plant" means a 
marijuana plant that is in a stage of growth in which the plant's pistils are not showing or 
the pistils protrude in pairs from seed bracts that may be located on multiple nodes of the 
plant. "Nonflowering marijuana plant" does not include hemp as defined in Title 7, 
section 2231, subsection 1-A, paragraph D. 
Sec. 16. 22 MRSA §2422, sub-§§4-N to 4-S are enacted to read: 
4-N. 
Immature marijuana plant. 
"Immature marijuana plant" means a 
nonflowering marijuana plant that measures more than 24 inches from the base of the 
main plant stalk to the most distant point of the plant's leaf stems or branches. "Immature 
marijuana plant" does not include hemp as defined in Title 7, section 2231, subsection 
1-A, paragraph D. 
4-0. Inherently hazardous substance. "Inherently hazardous substance" means a 
liquid chemical; a compressed gas; carbon dioxide; or a commercial product that has a 
flash point at or lower than 100 degrees Fahrenheit, including, but not limited to, butane, 
propane and diethyl ether. "Inherently hazardous substance" does not include any form of 
alcohol or ethanol. 
4-P. Long-term care facility. "Long-term care facility" means a hospice provider 
facility licensed under chapter 1681; a nursing facility licensed under chapter 405; an 
assisted living facility licensed under chapter 1663 or 1664; or a facility or program 
licensed under chapter 1663 that provides care for a qualifying patient in accordance with 
section 2423-A, subsection 1, paragraph F-1, subparagraph (2). 
4-0. Manufacture or manufacturing. "Manufacture" or "manufacturing" means 
the production, blending, infusing, compounding or other preparation of marijuana 
concentrate and marijuana products, including, but not limited to, marijuana extraction or 
preparation by means of chemical synthesis. 
4-R. Manufacturing facility. "Manufacturing facility" means a registered tier 1 or 
tier 2 manufacturing facility or a person authorized to engage in marijuana extraction 
under section 2423-F. 
4-S. Marijuana concentrate. "Marijuana concentrate" means the resin extracted 
from any part of a marijuana plant and every compound, manufacture, salt, derivative, 
mixture or preparation from such resin, including, but not limited to, hashish. "Marijuana 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" ,l) "to S.P. 585, L.D. 1749 (S -c)l(Cj) 
concentrate" does not include resin extracted from hemp as defined in Title 7, section 
2231, subsection 1-A, paragraph D or any compound, manufacture, salt, derivative, 
mixture or preparation therefrom. 
Sec. 17. 28-B MRSA §102, sub-§§16 and 19, as enacted by PL 2017, c. 409, Pt. 
A, §6, are amended to read: 
16. Edible marijuana product. "Edible marijuana product" means a marijuana 
product intended to be consumed orally, including, but not limited to, any type of food, 
drink or pill containing marijuana or marijuana concentrate. "Edible marijuana product" 
does not include an edible product containing "hemp" as defined in Title 7, section 2231, 
subsection 1-A, paragraph D. 
19. Immature marijuana plant. "Immature marijuana plant" means a marijuana 
plant that is not a mature marijuana plant or a seedling. "Immature marijuana plant" does 
not include hemp as defined in Title 7, section 2231, section 1-A, paragraph D. 
Sec. 18. 28-B MRSA §102, sub-§27, as amended by PL 2019, c. 12, Pt. B, §12, 
is further amended to read: 
27. 
Marijuana. "Marijuana" means the leaves, stems, flowers and seeds of a 
marijuana plant, whether growing or not. "Marijuana" includes marijuana concentrate but 
does not include hemp as defined in Title 7, section 2231, subsection+ 1-A, paragraph D 
or a marijuana product. 
Sec. 19. 28-B MRSA §102, sub-§§28, 30 to 33 and 35 to 37, as enacted by PL 
2017, c. 409, Pt. A, §6, are amended to read: 
28. Marijuana concentrate. "Marijuana concentrate" means the resin extracted 
from any part of a marijuana plant and every compound, manufacture, salt, derivative, 
mixture or preparation from such resin, including, but not limited to, hashish. "Marijuana 
concentrate" does not include resin extracted from hemp as defined in Title 7, section 
2231, subsection 1-A, paragraph D. In determining the weight of marijuana concentrate 
in a marijuana product, the weight of any other ingredient combined with marijuana or 
marijuana concentrate to prepare the marijuana product may not be included. 
30. Marijuana extraction. "Marijuana extraction" means the process of extracting 
marijuana concentrate from marijuana using water, lipids, gases, solvents or other 
chemicals or chemical processes. "Marijuana extraction" does not include the process of 
extracting concentrate from hemp as defined in Title 7, section 2231, subsection 1-A, 
paragraph D. 
31. Marijuana flower. "Marijuana flower" means the pistillate reproductive organs 
of a mature marijuana plant, whether processed or unprocessed, including the flowers and 
buds of the plant. "Marijuana flower" does not include marijuana trim or whole mature 
marijuana plants or the flower of hemp as defined in Title 7, section 2231, subsection 
1-A, paragraph D. 
32. Marijuana plant. "Marijuana plant" means all species of the plant genus 
cannabis, including, but not limited to, a mother plant, a mature marijuana plant, an 
immature marijuana plant or a seedling. "Marijuana plant" does not include hemp as 
defined in Title 7, section 2231, subsection 1-A, paragraph D. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"/~ "to S.P. 585, L.D. 1749 ( 
,'-ic I ! 
33. 
Marijuana product. 
"Marijuana product" means a product composed of 
marijuana or marijuana concentrate and other ingredients that is intended for use or 
consumption. "Marijuana product" includes, but is not limited to, an edible marijuana 
product, a marijuana ointment and a marijuana tincture. "Marijuana product" does not 
include marijuana concentrate or a product containing hemp as defined in Title 7, section 
2231, subsection 1-A, paragraph D. 
35. Marijuana trim. "Marijuana trim" means any part of a marijuana plant, whether 
processed or unprocessed, that is not marijuana flower or a marijuana seed. "Marijuana 
trim" does not include any part of a hemp plant as defined in Title 7, section 2231, 
subsection 1-A, paragraph D. 
36. Mature marijuana plant. "Mature marijuana plant" means a marijuana plant 
that is flowering. "Mature marijuana plant" does not include hemp as defined in Title 7, 
section 2231, subsection 1-A, paragraph D. 
37. Mother plant. "Mother plant" means a mature marijuana plant that is used 
solely for the taking of seedling cuttings. "Mother plant" does not include hemp as 
defined in Title 7, section 2231, subsection 1-A, paragraph D. 
Sec. 20. Review of laws and rules regarding hemp; report. 
All state 
agencies shall review the laws and rules applicable to their areas of jurisdiction that 
pertain to hemp seeds and crops, agricultural commodities and products derived from 
hemp, and topical or ingestible consumer products, including food, food additives and 
food products derived from hemp. The reviews must identify laws and rules that require 
amendment to bring them into agreement with the Maine Revised Statutes, Title 7, 
chapter 406-A and Title 22, chapter 551. By January 1, 2020, all state agencies that have 
in their areas of jurisdiction laws or rules pertaining to hemp shall submit to the Joint 
Standing Committee on Agriculture, Conservation and Forestry reports regarding the 
reviews undertaken under this section, including proposals for legislation to bring laws 
and rules into agreement with Title 7, chapter 406-A and Title 22, chapter 551. After 
reviewing any report submitted pursuant to this section, the committee may report out 
legislation related to the subject matter of that report. As used in this section, "hemp" has 
the same meaning as in Title 7, section 2231, subsection 1-A, paragraph D. 
Sec. 21. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Bureau of Agriculture 0393 
Initiative: Provides allocation for one Professional Licensing Supervisor position and 
associated All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
2019-20 
1.000 
$59,980 
$12,500 
COMMITTEE AMENDMENT 
2020-21 
1.000 
$83,673 
$12,500 
COMMITTEE AMENDMENT"}\ "to S.P. 585, L.D. 1749 { ~y~,)C('i) 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$72,480 
$96,173 
Bureau of Agriculture 0393 
Initiative: Provides allocation for contracted lab services. 
OTHER SPECIAL REVENUE FUNDS 
2019-20 
2020-21 
All Other 
$7,000 
$7,000 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$7,000 
$7,000 
Bureau of Agriculture 0393 
Initiative: Provides allocation to change one half-time Certified Seed Specialist position 
to a seasonal position. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
POSITIONS - FTE COUNT 
Personal Services 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SUMMARY 
This amendment amends the bill as follows. 
2019-20 
2020-21 
(0.500) 
(0.500) 
0.577 
0.577 
$4,816 
$5,060 
$4,816 
$5,060 
2019-20 
2020-21 
$84,296 
$108,233 
$84,296 
$108,233 
1. It removes from the bill provisions relating to the indoor growing of hemp, 
including instead and incorporating those provisions of existing law regarding the indoor 
growing of hemp as enacted through Public Law 2019, chapter 115, section 1. 
2. It requires a person who manufactures, sells, offers for sale or serves ingestible 
consumer products containing hemp or cannabidiol derived hemp to be licensed under 
other applicable laws, such as licenses for eating establishments or liquor licenses. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"/ "toS.P.585,L.D. 1749. 
, -.1 '.I 
3. It excludes hemp from the application of the Maine Medical Use of Marijuana Act 
and the Marijuana Legalization Act and clarifies the scope of the definitions of "hashish" 
and "hemp" within the Maine Criminal Code. 
4. It amends the Maine Food Law to provide that the sale, offering for sale or serving 
of a food, food additive or food product containing cannabidiol derived from hemp by a 
retail store, hotel, restaurant or other public eating place is not considered misbranded 
food if certain information regarding the product is provided on the packaging or to 
consumers. 
5. It provides that the nonpharmaceutical or nonmedical manufacturing of food, food 
additives or food products within the State that contain hemp may not be prohibited 
within the State based solely on the inclusion of hemp. 
6. It authorizes the Joint Standing Committee on Agriculture, Conservation and 
Forestry to report out legislation upon the receipt of any report regarding hemp as 
provided for in the bill. 
7. It directs the Department of Agriculture, Conservation and Forestry to establish a 
preliminary program for the indoor cultivation of hemp. 
8. It removes from the bill the requirement that the Commissioner of Agriculture, 
Conservation and Forestry establish a certified hemp seed program. 
9. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/13/19 .:Wac:.. 
LD 1749 
LR380(02) 
An Act To Amend the State's Hemp Laws 
Fiscal Note for Bill as Amended by Committee Amendment 1;.q'( S-JCY:0 
Committee: Agriculture, Conservation and Forestry 
-
Appropriations/ Allocations 
Other Special Revenue Funds 
!Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2019-20 
FY2020-21 
$84,296 
$108,233 
$93,750 
$125,000 
Projections 
FY2021-22 
$112,670 
$125,000 
Projections 
FY 2022-23 
$117,328 
$125,000 
This bill directs the Depatiment of Agriculture, Conservation and Forestry to establish a pilot program for the indoor 
cultivation of hemp. The ACF estimates that establishing an indoor cultivation program would require additional staff 
and resources. This bill includes allocations of $84,296 in fiscal year 2019-20 and $108,233 in fiscal year 2020-21 for 
one Professional Licensing Supervisor position, for changing one half-time Certified Seed Specialist position to a 
seasonal position, for associated position costs and for contracted services for laboratory testing of product samples. 
Indoor growing will increase the number of licenses and the square footage subject to monitoring, sampling and testing 
fees, resulting in a revenue increase of $93,750 in fiscal year 2019-20 and $125,000 in fiscal year 2020-21. This 
estimate assumes that 100 growers would pay a $500 license fee and that each licensee would have an average of 
3,000 square feet subject to a 25¢ per square foot monitoring, sampling and testing fee. 
LR0380(02) - Fiscal Note - Page 1 of 1