An Act to Protect Minors from Intoxicating Hemp-derived Products
Maine Legislature, Session 132, LD 1983
Committee: Veterans and Legal Affairs
Sponsors: INGWERSEN
Amends: 7 MRSA §2231, 28-A MRSA §2, 28-A MRSA §83-B, 28-A MRSA §601, 28-A MRSA §709, 28-A MRSA §2090, 28-B MRSA §102-A, 28-B MRSA §103, 28-B MRSA §105, 28-B MRSA §502, 28-B MRSA §504, 28-B MRSA §511, 28-B MRSA §701, 28-B MRSA §802-A

Legislative Document
No. 1983
S.P. 783
In Senate, May 22, 2025
An Act to Protect Minors from Intoxicating Hemp-derived Products 
by Regulating Those Products Under the Adult Use Cannabis Laws
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator INGWERSEN of York.  (GOVERNOR'S BILL)
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-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 derived from hemp, which in their final forms contain a delta-9-
tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in 
federal law.  "Hemp" also includes a hemp product for consumer use.  "Hemp" does 
not include intoxicating hemp-derived products, cannabis for medical use pursuant to 
Title 22, chapter 558‑C or adult use cannabis pursuant to Title 28‑B, chapter 1.
Sec. A-2.  7 MRSA §2231, sub-§1-A, ¶D-1 is enacted to read:
D-1.  "Hemp product" means a product, including any raw material from hemp that is 
used for or added to a food or beverage, that: 
(1) Contains hemp and has completed all stages of processing needed for the 
product; and 
(2) When offered for retail sale: 
(a) Contains a total tetrahydrocannabinol concentration of no greater than 
0.3%; and 
(b) Contains either no more than 2 milligrams of total tetrahydrocannabinol 
per package or an amount of cannabidiol that is no less than 25 times greater 
than the amount of total tetrahydrocannabinol per package.
Sec. A-3.  7 MRSA §2231, sub-§1-A, ¶F is enacted to read:
F.  "Intoxicating hemp-derived product" means a product, including any raw material 
from hemp that is used for or added to a food, beverage, topical or inhalable product 
that: 
(1) Contains hemp and has completed all stages of processing needed for the 
product; and 
(2) Contains either more than 2 milligrams of total tetrahydrocannabinol per 
package or an amount of cannabidiol that is less than 25 times greater than the 
amount of total tetrahydrocannabinol per package. 
An "intoxicating hemp-derived product" is adult use cannabis as defined in Title 28-B, 
section 102-A, subsection 1 if it is a raw material from hemp and is an adult use 
cannabis product as defined in Title 28-B, section 102-A, subsection 2 if it used for or 
added to a food, beverage, topical or inhalable product.
Sec. A-4.  7 MRSA §2231, sub-§1-A, ¶G is enacted to read:
G.  "Total tetrahydrocannabinol" means all of the tetrahydrocannabinol in a product, 
including delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol and delta-10-
tetrahydrocannabinol; 
delta-8-tetrahydrocannabinolic 
acid, 
delta-9-
tetrahydrocannabinolic acid and delta-10-tetrahydrocannabinolic acid; and other 
tetrahydrocannabinol or tetrahydrocannabinolic acid isomers.
Sec. A-5.  7 MRSA §2231, sub-§10, as enacted by PL 2019, c. 528, §1 and amended 
by PL 2021, c. 669, §5, is further amended to read:
10.  Hemp and hemp products not tracked as cannabis.  Notwithstanding any 
provision of Title 22, chapter 558‑C or Title 28‑B, chapter 1 to the contrary, hemp and 
products derived from hemp Hemp and hemp products may not be tracked as part of the 
medical use of cannabis program under Title 22, chapter 558‑C or the regulation of adult 
use cannabis under Title 28‑B, chapter 1.  Intoxicating hemp-derived products must be 
transferred to an adult use cannabis products manufacturing facility licensed in accordance 
with Title 28-B, chapter 1 and must be tracked as adult use cannabis or adult use cannabis 
products, as applicable, upon transfer to the adult use cannabis program.
Sec. A-6.  7 MRSA §2231, sub-§10-A is enacted to read:
10-A.  Intoxicating hemp-derived products regulated as adult use cannabis.  Any 
intoxicating hemp-derived product offered for sale to consumers in the State is subject to 
the requirements applicable to adult use cannabis and adult use cannabis products in 
accordance with Title 28-B, chapter 1 and the rules adopted pursuant to that chapter, 
including, but not limited to, requirements applicable to tracking, testing, manufacture, 
packaging, labeling, transportation or sale of intoxicating hemp-derived products.  
Intoxicating hemp-derived products sold to consumers are subject to the sales tax on adult 
use cannabis and adult use cannabis products pursuant to Title 36, section 1811.
PART B
Sec. B-1.  28-A MRSA §2, sub-§12-E is enacted to read:
12-E.  Intoxicating hemp-derived product.  "Intoxicating hemp-derived product" has 
the same meaning as in Title 7, section 2231, subsection 1-A, paragraph F.
Sec. B-2.  28-A MRSA §83-B, sub-§4-A is enacted to read:
4-A.  Prevent sale of intoxicating hemp-derived products.  Prevent the sale of 
intoxicating hemp-derived products by licensees, except as authorized in Title 28-B, 
chapter 1, through the seizure and destruction of such products offered for sale to 
consumers by a licensee;
Sec. B-3.  28-A MRSA §601, sub-§2, ¶I, as amended by PL 1997, c. 373, §51, is 
further amended to read:
I.  The bureau determines that the purpose of the application is to circumvent the 
provisions of this section; or
Sec. B-4.  28-A MRSA §601, sub-§2, ¶J, as amended by PL 2021, c. 658, §84, is 
further amended to read:
J.  The applicant is a golf course or a restaurant located on the property of a golf course 
and the Maine Human Rights Commission has found reasonable grounds to believe 
that the golf course has denied membership to a person in violation of Title 5, chapter 
337, subchapter 5 and has determined that conciliation efforts under Title 5, section 
4612, subsection 3 have not succeeded.  The Maine Human Rights Commission shall 
notify the bureau when the golf course has corrected its discriminatory membership 
practices, after which the applicant ceases to be disqualified under this paragraph.; or
Sec. B-5.  28-A MRSA §601, sub-§2, ¶K is enacted to read:
K.  The bureau determines that the applicant has sold, furnished or given away, or 
offered to sell, furnish or give away, an intoxicating hemp-derived product in violation 
of section 2090.
Sec. B-6.  28-A MRSA §709, sub-§1, ¶C is enacted to read:
C.  A licensee, employee of a licensee or agent of a licensee may not sell, furnish or 
give away, or offer to sell, furnish or give away, an intoxicating hemp-derived product, 
except as authorized by Title 28-B, chapter 1.
Sec. B-7.  28-A MRSA §2090 is enacted to read:
§2090.  Selling, furnishing or giving away intoxicating hemp-derived products
1.  Prohibition.  A person may not sell, furnish or give away, or offer to sell, furnish 
or give away, an intoxicating hemp-derived product, except as authorized by Title 28-B, 
chapter 1.  
2.  Penalty.  The following penalties apply to violations of this section.
A.  A person that violates subsection 1 commits a civil violation for which a fine of not 
less than $500 and not more than $1,000 must be adjudged.  
B.  A person that violates subsection 1 after having been previously adjudicated as 
violating subsection 1 commits a civil violation for which a fine of not less than $500 
and not more than $3,000 must be adjudged.
PART C
Sec. C-1.  28-B MRSA §102-A, sub-§1, as enacted by PL 2023, c. 679, Pt. B, §3, 
is amended to read:
1.  Adult use cannabis.  "Adult use cannabis" means cannabis cultivated, 
manufactured, distributed or sold by a cannabis establishment.  "Adult use cannabis" 
includes an intoxicating hemp-derived product that is a raw material from hemp as defined 
in Title 7, section 2231, subsection 1-A, paragraph D.
Sec. C-2.  28-B MRSA §102-A, sub-§2, as enacted by PL 2023, c. 679, Pt. B, §3, 
is amended to read:
2.  Adult use cannabis product.  "Adult use cannabis product" means a cannabis 
product that is manufactured, distributed or sold by a cannabis establishment.  "Adult use 
cannabis product" includes an intoxicating hemp-derived product that is used for or added 
to a food, beverage, topical or inhalable product.
Sec. C-3.  28-B MRSA §102-A, sub-§8, as enacted by PL 2023, c. 679, Pt. B, §3, 
is amended to read:
8.  Cannabis.  "Cannabis" means the leaves, stems, flowers and seeds of a cannabis 
plant, whether growing or not.  "Cannabis" includes cannabis concentrate and an 
intoxicating hemp-derived product but does not include hemp as defined in Title 7, section 
2231, subsection 1‑A, paragraph D or a cannabis product.
Sec. C-4.  28-B MRSA §102-A, sub-§9, as enacted by PL 2023, c. 679, Pt. B, §3, 
is amended to read:
9.  Cannabis concentrate.  "Cannabis concentrate" means the resin extracted from any 
part of a cannabis plant and every compound, manufacture, salt, derivative, mixture or 
preparation from such resin, including, but not limited to, hashish. "Cannabis concentrate" 
does not include resin extracted from hemp as defined in Title 7, section 2231, subsection 
1‑A, paragraph D, unless that resin is an intoxicating hemp-derived product.  In determining 
the weight of cannabis concentrate in a cannabis product, the weight of any other ingredient 
combined with cannabis or cannabis concentrate to prepare the cannabis product may not 
be included.
Sec. C-5.  28-B MRSA §102-A, sub-§15, as enacted by PL 2023, c. 679, Pt. B, §3, 
is amended to read:
15.  Cannabis product.  "Cannabis product" means a product composed of cannabis 
or cannabis concentrate and other ingredients that is intended for use or consumption.  
"Cannabis product" includes, but is not limited to, an edible cannabis product, a cannabis 
ointment and, a cannabis tincture and, as applicable, an intoxicating hemp-derived product.  
"Cannabis product" does not include cannabis concentrate or a product containing hemp as 
defined in Title 7, section 2231, subsection 1‑A, paragraph D.
Sec. C-6.  28-B MRSA §102-A, sub-§33-A is enacted to read:
33-A.  Intoxicating hemp-derived product.  "Intoxicating hemp-derived product" has 
the same meaning as in Title 7, section 2231, subsection 1-A, paragraph F.
Sec. C-7.  28-B MRSA §103, sub-§1, ¶B, as amended by PL 2023, c. 6, §13, is 
further amended to read:
B.  Sell or offer for sale cannabis or cannabis products, including intoxicating hemp-
derived products;
Sec. C-8.  28-B MRSA §103, sub-§3 is enacted to read:
3.  Enforcement and penalties for unauthorized distribution or sale of intoxicating 
hemp-derived products.  Notwithstanding the authority of any other state or local entity 
to regulate the distribution or sale of intoxicating hemp-derived products, the office may 
enter any retail establishment, restaurant or bar where such products are offered for 
distribution or sale to consumers, whether or not that retail establishment, restaurant or bar 
has a license to operate a cannabis store in accordance with this chapter.  The office may 
direct any retail establishment, restaurant or bar that is not a cannabis store licensed 
pursuant to this chapter to remove and destroy any intoxicating hemp-derived products 
offered for sale to consumers.
Sec. C-9.  28-B MRSA §105, first ¶, as amended by PL 2023, c. 679, Pt. B, §8, is 
further amended to read:
The office shall implement and administer a system, referred to in this section as "the 
tracking system," for the tracking of cannabis plants, adult use cannabis and adult use 
cannabis products from immature cannabis plant to the point of retail sale, return, disposal 
or destruction.  Cannabis, cannabis concentrate or cannabis products that are intoxicating 
hemp-derived products must be tracked using the tracking system from the point the 
intoxicating hemp-derived product is transferred from outside the adult use cannabis 
program to a products manufacturing facility to the point of retail sale, return, disposal or 
destruction. The tracking system must allow for cannabis plants at the stage of cultivation 
and upon transfer from the stage of cultivation to another licensee to be tracked by group.  
The office may implement a tracking system that allows adult use cannabis or adult use 
cannabis products to be tracked by group.
Sec. C-10.  28-B MRSA §105, sub-§2, ¶A, as enacted by PL 2021, c. 628, §1 and 
amended by c. 669, §5, is further amended to read:
A.  Record-keeping requirements for the tracking of cannabis plants when tracked 
individually and when tracked by group; and
Sec. C-11.  28-B MRSA §105, sub-§2, ¶B, as amended by PL 2023, c. 679, Pt. B, 
§13, is further amended to read:
B.  Record-keeping requirements necessary to ensure the office's ability to implement 
a recall for reasons related to health and safety when tracking cannabis plants 
individually or by group.; and
Sec. C-12.  28-B MRSA §105, sub-§2, ¶C is enacted to read:
C.  Record-keeping requirements for tracking intoxicating hemp-derived products from 
the point the product is transferred from outside the adult use cannabis program to a 
products manufacturing facility to the point of retail sale, return, disposal or 
destruction.
Sec. C-13.  28-B MRSA §502, sub-§1-B is enacted to read:
1-B.  Acceptance of intoxicating hemp-derived products.  All intoxicating hemp-
derived products offered for sale in the State must be transferred into the adult use cannabis 
program to a products manufacturing facility.  A products manufacturing facility that 
accepts transfers of intoxicating hemp-derived products shall ensure that:
A.  All intoxicating hemp-derived products are tracked in accordance with section 105;
B.  All required information regarding the identity of the transferring party is recorded 
upon receipt of the intoxicating hemp-derived products in accordance with section 511; 
and 
C.  The intoxicating hemp-derived products are tested in accordance with subchapter 6 
prior to being offered for retail sale to consumers.
Sec. C-14.  28-B MRSA §504, sub-§1, ¶A, as amended by PL 2023, c. 6, §16, is 
further amended to read:
A.  Adult use cannabis or adult use cannabis products, including intoxicating hemp-
derived products transferred by a products manufacturing facility to the cannabis store 
pursuant to section 502, subsection 1-B;
Sec. C-15.  28-B MRSA §504, sub-§2, ¶C, as amended by PL 2021, c. 667, §1 
and c. 669, §5, is further amended by amending subparagraph (4) to read:
(4)  A delivery service, except as provided by subsection 9; or
Sec. C-16.  28-B MRSA §504, sub-§2, ¶D, as enacted by PL 2017, c. 409, Pt. A, 
§6 and amended by PL 2021, c. 669, §5, is further amended to read:
D.  Sell adult use cannabis or adult use cannabis products to a person who is visibly 
intoxicated.; or
Sec. C-17.  28-B MRSA §504, sub-§2, ¶E is enacted to read:
E.  Sell or give away intoxicating hemp-derived products that were not received from 
a products manufacturing facility pursuant to section 502, subsection 1-B.
Sec. C-18.  28-B MRSA §511, sub-§1-A is enacted to read:
1-A.  Records of intoxicating hemp-derived products transferred into adult use 
cannabis program.  A products manufacturing facility licensee that accepts a transfer of 
an intoxicating hemp-derived product from outside the adult use cannabis program shall 
keep a record of the information regarding the origin of the intoxicating hemp-derived 
product. The record must be accessible by the office in accordance with subsection 1. The 
information must include the following:
A. The name, address and telephone number of the person that transferred the 
intoxicating hemp-derived product to the products manufacturing facility, including 
the name and telephone number of a natural person who is responsible for transporting 
the intoxicating hemp-derived product to the products manufacturing facility and the 
name and telephone number of a natural person who would be considered a principal 
of the transferor if that transferor were a licensee; 
B.  The form and quantity of the intoxicating hemp-derived product received;
C.  Whether any portion of the shipment of intoxicating hemp-derived product was 
rejected by the licensee and the reason for rejecting the intoxicating hemp-derived 
product;
D.  Information regarding any pesticides used in the cultivation of the hemp from which 
the intoxicating hemp-derived product is derived; 
E.  Information regarding any treatment or remediation of the hemp from which the 
intoxicating hemp-derived product is derived using ozone, radiation or carcinogenic 
gases, including the kind of treatment or remediation taken; and 
F.  Information regarding any gases, solvents or chemicals used to extract cannabinoids 
from the hemp from which the intoxicating hemp-derived product is derived.
Sec. C-19.  28-B MRSA §701, sub-§1, ¶H, as enacted by PL 2017, c. 409, Pt. A, 
§6 and amended by PL 2021, c. 669, §5, is further amended to read:
H.  Information on gases, solvents and chemicals used in cannabis extraction or used 
to extract cannabinoids from hemp to create intoxicating hemp-derived products;
Sec. C-20.  28-B MRSA §802-A, sub-§2, ¶A, as enacted by PL 2023, c. 679, Pt. 
B, §134, is amended by enacting a new subparagraph (1-A) to read:
(1-A)  Intentionally or recklessly selling or giving away an intoxicating hemp-
derived product that has not been tracked and tested in accordance with this 
chapter;
PART D
Sec. D-1.  36 MRSA c. 724 is enacted to read:
CHAPTER 724
INTOXICATING HEMP-DERIVED PRODUCTS TAX
§4931. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Adult use cannabis establishment.  "Adult use cannabis establishment" has the 
same meaning as "cannabis establishment" in Title 28-B, section 102-A, subsection 10.
2.  Business.  "Business" means any trade, occupation, activity or enterprise engaged 
in the selling or distributing of intoxicating hemp-derived products in this State, except an 
adult use cannabis establishment.
3.  Consumer.  "Consumer" means an individual who purchases, receives or possesses 
intoxicating hemp-derived products for personal consumption and not for resale. 
4.  Cost price.  "Cost price" means: 
A. In the case of a manufacturer, the price set for intoxicating hemp-derived products 
or, if a price has not been set, the wholesale value of those products; or
B. In the case of a distributor or consumer, the price at which the distributor or 
consumer purchases intoxicating hemp-derived products before the allowance of any 
discount, trade allowance, rebate or other reduction. 
5.  Distributor.  "Distributor" means: 
A. A person, that is not an adult use cannabis establishment, engaged in the business 
of producing or manufacturing intoxicating hemp-derived products in this State for sale 
in this State; 
B. A person, that is not an adult use cannabis establishment, engaged in the business 
of selling intoxicating hemp-derived products in this State that brings, or causes to be 
brought, into this State intoxicating hemp-derived products for sale to an adult use 
cannabis establishment; 
C. A person, that is not an adult use cannabis establishment, with a place of business 
in this State engaged in the business of selling intoxicating hemp-derived products in 
this State that brings, or causes to be brought, into this State intoxicating hemp-derived 
products for sale to a consumer; 
D. A person, that is not an adult use cannabis establishment, engaged in the business 
of selling intoxicating hemp-derived products that ships or transports intoxicating 
hemp-derived products to an adult use cannabis establishment for sale in this State; or
E. An adult use cannabis establishment that imports, receives or acquires intoxicating 
hemp-derived products for sale within the State. 
A distributor may be located within or without the State.  
6.  Intoxicating hemp-derived product.  "Intoxicating hemp-derived product" has the 
same meaning as in Title 7, section 2231, subsection 1-A, paragraph F.
7.  Manufacturer.  "Manufacturer" means a person, that is not an adult use cannabis 
establishment, that manufactures and sells intoxicating hemp-derived products. 
8.  Place of business.  "Place of business" means any place where intoxicating hemp-
derived products are sold or where intoxicating hemp-derived products are manufactured, 
stored or kept for the purpose of sale or consumption, including any vessel, vehicle, 
airplane or train. 
9.  Sale.  "Sale" means any transfer, exchange, barter or gift in any manner or by any 
means whatsoever, for a consideration. 
§4932. Registration
1.  Generally.   A distributor shall register with the assessor and collect and remit taxes 
in accordance with the provisions of this chapter. A registration issued pursuant to this 
section is not a license within the meaning of that term in the Maine Administrative 
Procedure Act. 
2.  Applications; forms.   A registration application under this section must be made 
on a form prescribed by the assessor and must state the name and address of the applicant, 
the address of the applicant's business and such other information as the assessor may 
require for the proper administration of this chapter. 
3.  Penalties.   The following penalties apply to violations of this section.  
A. A distributor that sells at wholesale, offers for sale at wholesale, possesses with 
intent to sell at wholesale or sells to consumers any intoxicating hemp-derived products 
without being registered with the assessor pursuant to this section commits a civil 
violation for which a fine of not less than $250 and not more than $500 must be 
adjudged. 
B. A distributor that violates paragraph A after having been previously adjudicated as 
violating paragraph A commits a civil violation for which a fine of not less than $500 
and not more than $1,000 must be adjudged for each subsequent violation. 
4.  Suspension and revocation.   A registration pursuant to this section is 
nontransferable. The assessor may suspend or revoke the registration of any registered 
distributor for failure to comply with any provision of this chapter. A person aggrieved by 
a suspension or revocation may request reconsideration as provided in section 151. 
5.  Notification.   A distributor that has its registration under this section suspended or 
revoked shall, within 10 business days of the suspension or revocation, inform in writing 
all its accounts in this State that it no longer holds a valid registration under this section. 
The assessor may publish the name of a distributor that has had its registration suspended 
or revoked. 
§4933. Tax on intoxicating hemp-derived products
1.  Intoxicating hemp-derived products.  Beginning January 1, 2026, a tax is imposed 
on all intoxicating hemp-derived products at the rate of 20% of the cost price. 
2.  Imposition.  The tax is imposed at the time the distributor brings or causes to be 
brought into this State intoxicating hemp-derived products that are for sale or for use or at 
the time intoxicating hemp-derived products are manufactured or fabricated in this State 
for sale in this State. 
An intoxicating hemp-derived product may be taxed only once by the State in 
accordance with this section.
SUMMARY
This bill makes the following changes to the cannabis laws regarding the regulation of 
intoxicating hemp-derived products.
1.  It amends the definition of "hemp" in the Maine Revised Statutes, Title 7, section 
2231 to exclude intoxicating hemp-derived products.
2.  It defines in Title 7, section 2231 "hemp product," "intoxicating hemp-derived 
product" and "total tetrahydrocannabinol" and distinguishes hemp products from 
intoxicating hemp-derived products for the purposes of tracking and regulating intoxicating 
hemp-derived products as adult use cannabis under Title 28-B, chapter 1.
3.  It amends Title 28-A to prohibit the sale of intoxicating hemp-derived products by 
liquor licensees and creates a penalty for liquor licensees found to be in violation of that 
prohibition.  
4.  It amends the definitions of "cannabis," "cannabis concentrate" and "cannabis 
product" to include intoxicating hemp-derived products and defines "intoxicating hemp-
derived product" in Title 28-B, chapter 1.  
5.  It permits a products manufacturing facility licensee to accept transfers of 
intoxicating hemp-derived products from outside the adult use cannabis program for 
testing, tracking, packaging, labeling and sale within the adult use cannabis program.  
6.  It provides for the taxation of intoxicating hemp-derived products and applies a tax 
of 20% of the cost price of any intoxicating hemp-derived products sold wholesale to adult 
use cannabis establishments or sold to a consumer.