An Act To Strengthen Maine's Hemp Program
Maine Legislature, Session 129, LD 1747
Committee: Agriculture, Conservation and Forestry
Sponsors: JACKSON
Amends: 7 MRSA §2231, 22 MRSA §2158-A

Legislative Document
No. 1747
S.P. 581
In Senate, May 16, 2019
An Act To Strengthen Maine's Hemp Program
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §2231, sub-§1, as amended by PL 2019, c. 12, Pt. B, §1, is 
repealed and the following enacted in its place:
1.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Agricultural Act" means the federal Agricultural Act of 2014, Public Law 
113-79.
B.  "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.
C.  "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 and that is grown or possessed by a 
licensed grower in compliance with this chapter.  "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.  
"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.
D.  "Institution of higher education" has the same meaning as in 20 United States 
Code, Section 1001.
E.  "Marketing" means promoting, distributing or selling hemp or hemp-derived 
products in this State or in another state or country and includes efforts to advertise 
and gather information about the needs or preferences of potential or current 
consumers or suppliers.
F.  "Pilot program" means the Maine Hemp Pilot Program established by the 
commissioner by rulemaking pursuant to subsection 6 or a pilot program established 
by an institution of higher education pursuant to subsection 11.
Sec. 2.  7 MRSA §2231, sub-§2, as amended by PL 2019, c. 12, Pt. B, §1, is 
further amended to read:
2.  Growing permitted.  Notwithstanding Pursuant to the Agricultural Act, Section 
7606 but notwithstanding any other provision of law to the contrary, a person may plant, 
grow, harvest, possess, process, sell and buy hemp under a pilot program if that person 
holds a license issued pursuant to subsection 4.  A person licensed pursuant to subsection 
may plant, grow and harvest only hemp that is grown from seeds acquired from a 
certified seed source.  A person licensed pursuant to subsection 4 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.
Sec. 3.  7 MRSA §2231, sub-§3, as amended by PL 2019, c. 12, Pt. B, §1, is 
further amended to read:
3.  Application.  A person desiring to grow hemp, manufacture hemp-derived 
products, including, but not limited to, extracts, food, food additives and food products 
that contain hemp, including cannabidiol derived from hemp, or sell hemp or hemp-
derived products for commercial research purposes, including researching the cultivation, 
production and marketing of hemp and hemp-derived products under a pilot program, 
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 physical address 
from which the marketing of hemp and hemp-derived products will take place, if 
applicable, the legal description of the land area to be used for the production of hemp 
and a map, an aerial photograph or global positioning coordinates sufficient for locating 
the production fields.
Sec. 4.  7 MRSA §2231, sub-§6, as amended by PL 2019, c. 12, Pt. B, §1, is 
repealed and the following enacted in its place:
6.  Rules; fees; Maine Hemp Pilot Program.  The commissioner shall adopt rules:
A.  To establish an application fee, a license fee and a per acre fee for monitoring, 
sampling and testing hemp;
B.  To establish guidelines for monitoring the growth, harvest and marketing of 
hemp;
C.  To establish the Maine Hemp Pilot Program in compliance with the requirements 
of the Agricultural Act to allow a licensee to plant, grow, harvest, possess, process, 
sell and buy hemp as long as the licensee studies the growth, cultivation or marketing 
of hemp.  The rules must establish an application process, licensing fee and other 
requirements as determined by the commissioner to be necessary to comply with the 
Agricultural Act as well as require a licensee to submit an annual report to the 
department regarding the research conducted by the licensee under the pilot program; 
and 
D.  As necessary to implement this chapter.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 5.  7 MRSA §2231, sub-§§9 to 13 are enacted to read:
9.  Annual reporting.  The commissioner shall submit by April 1st annually to the 
joint standing committee of the Legislature having jurisdiction over agricultural matters a 
report that contains at a minimum:
A.  The number of applications and renewals filed for licenses under this chapter;
B.  The number of acres dedicated to the production of hemp under this chapter;
C.  The amount in pounds of hemp harvested under this chapter; and
D.  Tax revenues generated from the sale of hemp and hemp-derived products 
pursuant to this chapter. 
10.  Importing hemp from other states. The department, an institution of higher 
education and a person licensed pursuant to this chapter may import hemp from another 
state that has established a hemp pilot program in compliance with the Agricultural Act.  
All hemp-derived products sold in this State are subject to this chapter. 
11.  Pilot programs authorized for institutions of higher education.  An institution 
of higher education may develop and implement a pilot program in accordance with the 
Agricultural Act, Section 7606 to plant, grow, harvest, possess, process, sell and buy 
hemp if:
A.  The purpose of the pilot program is to study the growth, cultivation or marketing 
of hemp;
B.  Prior to conducting hemp research, the institution of higher education provides 
notification to the department and local law enforcement in writing of that intent; and
C.  The institution of higher education provides an annual report to the department on 
the research conducted.
12.  Marijuana testing facility.  A testing facility licensed or otherwise authorized 
under Title 22, section 2423-A or Title 28-B, section 503 that also holds a license 
pursuant to this chapter may test hemp and conduct research on hemp pursuant to this 
chapter and rules adopted pursuant to this chapter.
13.  Marijuana manufacturing facility.  A manufacturing facility licensed or 
otherwise authorized under Title 22, section 2423-F or Title 28-B, section 502 that also 
holds a license pursuant to this chapter may test hemp and conduct research on hemp 
pursuant to this chapter and rules adopted pursuant to this chapter.
Sec. 6.  22 MRSA §2158-A, as enacted by PL 2019, c. 12, Pt. A, §1, is repealed 
and the following enacted in its place:
§2158-A.  Food, food additives and food products containing hemp not adulterated; 
rules
1.  Food, food additives and food products containing hemp.  Notwithstanding any 
other 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 or 
misbranded under this subchapter based solely on the inclusion of hemp or cannabidiol 
derived from hemp. The nonpharmaceutical or nonmedical production or marketing of 
food, food additives or food products within the State that contain hemp may not be 
restricted 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, paragraph C and "marketing" has the same meaning as in Title 7, 
section 2231, subsection 1, paragraph E.
2.  Rulemaking.  The department and the Department of Agriculture, Conservation 
and Forestry shall jointly adopt rules to protect the health and safety of the public related 
to food, food additives and food products that contain hemp, including cannabidiol 
derived from hemp.  In adopting rules pursuant to this subsection, the department and the 
Department of Agriculture, Conservation and Forestry shall consider the following for 
food, food additives and food products that contain hemp, including cannabidiol derived 
from hemp:
A.  Testing requirements, including but not limited to the following:
(1)  Whether food, food additives or food products that contain hemp, including 
cannabidiol derived from hemp, should be subject to testing;
(2)  Which food, food additives or food products that contain hemp, including 
cannabidiol derived from hemp, should be subject to testing;
(3)  Which contaminants are injurious to health, including but not limited to 
residual solvents, poisons and toxins; heavy metals; harmful chemicals; 
dangerous molds and mildews; pesticides, fungicides and insecticides; and 
harmful microbes, including but not limited to Escherichia coli and Salmonella, 
and testing for those contaminants;
(4)  The maximum level of allowable contamination for any contaminant that is 
injurious to health and for which testing is required; and
(5)  Testing for THC potency, homogeneity and cannabinoid profiles.  For the 
purposes of this subparagraph, "THC" has the same meaning as in Title 28-B, 
section 102, subsection 55;
B.  Labeling requirements, including but not limited to whether labeling should 
include a health and safety warning, nutrition facts, a list of ingredients, a batch 
number or an expiration date;
C.  Packaging requirements; and
D.  Record-keeping requirements.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 7.  Department of Health and Human Services and Department of 
Agriculture, Conservation and Forestry to jointly adopt rules relating to 
food, food additives and food products that contain hemp.  The Department of 
Health and Human Services and the Department of Agriculture, Conservation and 
Forestry shall provisionally adopt emergency major substantive rules pursuant to the 
Maine Revised Statutes, Title 5, section 8054 related to food, food additives and food 
products that contain hemp, including cannabidiol derived from hemp, pursuant to Title 
22, section 2158-A, subsection 2, without the necessity of demonstrating that immediate 
adoption is necessary to avoid a threat to public health, safety or general welfare.  The 
Department of Health and Human Services and the Department of Agriculture, 
Conservation and Forestry shall otherwise jointly propose routine technical rules in 
accordance with the procedures required under Title 5, chapter 375.
SUMMARY
The federal Agricultural Act of 2014, also known as the 2014 Farm Bill, legalized the 
growth and cultivation of hemp in states that choose to establish agricultural pilot 
programs for research purposes. 
This bill requires the Commissioner of Agriculture, Conservation and Forestry to 
establish, by rule, the Maine Hemp Pilot Program, including the application process, 
licensing fees and reporting requirements, consistent with the 2014 Farm Bill.  Under the 
pilot program, a licensee may plant, grow, harvest, possess, process, sell and buy hemp as 
long as the purpose of the program is to study the growth, cultivation or marketing of 
hemp.  An institution of higher education is also authorized to establish a pilot program 
that complies with the 2014 Farm Bill as long as it provides notice of its intention to the 
Department of Agriculture, Conservation and Forestry and local law enforcement and an 
annual report to the department regarding its research.
This bill also expressly authorizes marijuana manufacturing facilities and testing 
facilities licensed under the Maine Medical Use of Marijuana Act and the Marijuana 
Legalization Act to obtain a license to process and test hemp and hemp-derived products 
that are legal under state and federal law.
Finally, this bill amends the recently enacted law that provides that food, food 
additives and food products containing hemp-derived cannabidiol are not considered to 
be "adulterated" under state law to require the Department of Health and Human Services 
and the Department of Agriculture, Conservation and Forestry to adopt routine technical 
rules regarding testing, labeling, packaging and record-keeping requirements for food, 
food additives or food products that contain hemp, including cannabidiol derived from 
hemp, and to also provisionally adopt emergency major substantive rules doing the same.