An Act Relating To Food, Food Additives or Food Products Containing Hemp or Cannabidiol Derived from Hemp
Maine Legislature, Session 129, LD 2129
Committee: Agriculture, Conservation and Forestry
Amends: 22 MRSA §2158-A

Legislative Document
No. 2129
H.P. 1519
House of Representatives, March 3, 2020
An Act Relating To Food, Food Additives or Food Products 
Containing Hemp or Cannabidiol Derived from Hemp
(EMERGENCY)
Reported by Representative HICKMAN of Winthrop for the Joint Standing Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Order 2020, H.P. 1502.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the federal Food and Drug Administration, in response to the passage of 
the federal Agriculture Improvement Act of 2018, released a statement announcing that it 
is unlawful under the Federal Food, Drug, and Cosmetic Act to introduce food containing 
added cannabidiol into interstate commerce because it is an active ingredient in a 
federally approved pharmaceutical drug; and
Whereas, the Department of Health and Human Services and Department of 
Agriculture, Conservation and Forestry attempted to enforce federal policies regarding 
food or food products containing cannabidiol within the State, and the 129th Legislature 
responded by passing Public Law 2019, chapter 12 on an emergency basis and Public 
Law 2019, chapter 528 to clarify Maine's hemp laws; and
Whereas, the Department of Health and Human Services and Department of 
Agriculture, Conservation and Forestry issued new guidelines in November 2019 
informing Maine businesses that food products may not be imported from out of state if 
they already contain cannabidiol "since that is still a violation of federal law and the 
Maine Food Code.  Ingestible products sold at retail in Maine must be produced in 
Maine."  This statement has created anxiety and confusion among business owners, 
stakeholders and consumers alike; and
Whereas, any compliance with the guidelines from the Department of Health and 
Human Services or the Department of Agriculture, Conservation and Forestry will 
undermine state sovereignty, diminish the livelihoods of Maine food producers and 
retailers and deprive the people of Maine of the food that they consider necessary for 
their own or their animals' health and well-being; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2158-A, as amended by PL 2019, c. 528, §11, is further 
amended to read:
§2158-A.  Food, food additives and food products containing hemp not adulterated
Notwithstanding any provision of law to the contrary, food, food additives or food 
products that contain hemp, including cannabidiol derived from hemp, are not considered 
to be adulterated under this subchapter based solely on the inclusion of hemp or 
cannabidiol derived from hemp or based solely on the place of origin of hemp or 
cannabidiol derived from hemp or any other ingredient included in the food, food additive 
or food product. The nonpharmaceutical or nonmedical production, manufacturing, 
marketing, sale or distribution 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 or based solely on the place where the food, food additive or food product, or any 
component thereof, including the hemp or cannabidiol, was manufactured, marketed, 
previously sold or distributed. 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.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill provides that food, food additives and food products containing hemp, 
including hemp-derived cannabidiol, that are produced and sold within the State are not 
"adulterated" under state law regardless of the place of origin of the cannabidiol or any 
other ingredient, and the production, manufacturing, marketing, sale or distribution of 
food or food products containing hemp may not be prohibited regardless of where the 
food or food products were produced, manufactured, marketed, sold or distributed 
previously.
The bill is reported out by the Joint Standing Committee on Agriculture, 
Conservation and Forestry pursuant to Joint Order, H.P. 1502.  The committee is 
reporting out the bill for the sole purpose of turning the proposal into a printed bill that 
can be referred to the committee for an appropriate public hearing and subsequent 
processing in the normal course.  The committee has not taken a position on the substance 
of this bill and by reporting this bill out the committee is not suggesting and does not 
intend to suggest that it agrees or disagrees with any aspect of this bill.