An Act to Regulate Synthetic Hemp-derived Cannabinoids (AFTER DEADLINE)
Maine Legislature, Session 131, LD 1996
Committee: Veterans and Legal Affairs
Sponsors: PIERCE, DAUGHTRY, KEIM, VITELLI, ARATA, CLOUTIER, TALBOT ROSS, TERRY
Amends: 7 MRSA §2231

Legislative Document
No. 1996
S.P. 821
In Senate, May 23, 2023
An Act to Regulate Synthetic Hemp-derived Cannabinoids
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator PIERCE of Cumberland.
Cosponsored by Senators: DAUGHTRY of Cumberland, KEIM of Oxford, VITELLI of 
Sagadahoc, Representatives: ARATA of New Gloucester, CLOUTIER of Lewiston, Speaker 
TALBOT ROSS of Portland, TERRY of Gorham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §2231, sub-§1-A, ¶D, as enacted by PL 2019, c. 528, §1 and 
amended by PL 2021, c. 669, §5, is further amended to read:
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 and nonalcoholic beverages in liquid form derived from hemp, which that in 
their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 
0.3% or as otherwise defined in federal law 0.5 milligrams of delta-9-
tetrahydrocannabinol per package, regardless of the number of servings per package.  
"Hemp" does not include cannabis for medical use pursuant to Title 22, chapter 558‑C 
or, adult use cannabis pursuant to Title 28‑B, chapter 1 or any product intended for 
human consumption or inhalation containing synthetic hemp-derived cannabinoids.
Sec. 2.  7 MRSA §2231, sub-§1-A, ¶F is enacted to read:
F.  "Manufacture" means the production, blending, infusing, compounding or other 
preparation of hemp and hemp-derived products, including, but not limited to, 
extraction or preparation by means of chemical synthesis. "Manufacture" does not 
include cultivation or testing.
Sec. 3.  7 MRSA §2231, sub-§1-A, ¶G is enacted to read:
G.  "Synthetic hemp-derived cannabinoid" means any cannabinoid that is not naturally 
occurring in hemp or a cannabinoid, whether naturally occurring in hemp or not, that 
is produced by manufacturing a hemp-derived cannabinoid in a manner that modifies 
the molecular structure.
Sec. 4.  7 MRSA §2231, sub-§6, as repealed and replaced by PL 2021, c. 761, §3, 
is amended to read:
6.  Rules.    The commissioner shall adopt rules to align the laws governing hemp in 
this State with 7 United States Code, Section 1639p(a)(2)(A) (2020), 7 Code of Federal 
Regulations, Part 990 (2020) and any additional federal statutes or regulations. The 
commissioner shall cooperate with the Department of Administrative and Financial 
Services' office of cannabis policy to adopt rules governing the manufacture of hemp and 
hemp-derived products.
The rules must 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.
The rules must establish a mechanism for conducting criminal background checks on 
grower licensees and all key participants and require fees to be paid by the grower licensee 
or key participant.
For purposes of this subsection, "key participant" means a person who, as determined by 
the commissioner by rule, has a direct or indirect financial interest in an entity producing 
hemp, such as an owner or partner in a partnership.  "Key participant" also includes a person 
in a corporate entity at an executive level including a chief executive officer, chief 
operating officer and chief financial officer.  "Key participant" does not include other 
management positions such as farm, field or shift managers.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2‑A.
SUMMARY
This bill excludes from the definition of "hemp" consumer products, including 
beverages, that in their final form contain more than 0.5 milligrams of delta-9-
tetrahydrocannabinol  per package, regardless of the number of servings per package, and 
any product intended for human consumption or inhalation containing synthetic hemp-
derived cannabinoids.  The bill directs the Commissioner of Agriculture, Conservation and 
Forestry to work with the Department of Administrative and Financial Services' office of 
cannabis policy to adopt rules governing the manufacture of hemp and hemp-derived 
products.