CBD In Maine
2021 Complete Guide
Is CBD in Maine Legal?
ME CBD 2021
Is CBD oil legal in Maine? How legal is it? And what about growing hemp? Can anyone grow hemp in Maine? What about smoking hemp? Can doctors in Maine prescribe CBD oil? In this post, we’ll answer these questions and more.
Maine’s hemp and CBD laws have been evolving at breakneck speed over the past few years. Consumers and farmers alike are feeling whiplashed by the constant changes, especially to laws related to the use of CBD in foods and beverages. Things are finally starting to settle down as the Pine Tree State moves toward becoming a hemp farm state.
History Of Maine Hemp And CBD Laws
Did you know that Maine was one of the first states to legalize hemp in the US? It’s true. More than 20 years ago, in 1999, Maine lawmakers gave medical patients the legal right to grow cannabis plants.
Then, ten years later, the state legalized the commercial farming of hemp. You don’t hear much about it because practically no one was interested in growing it. And that’s because it was technically illegal on the federal level. Adding hemp to your list of crops put farmers at risk of having their bank accounts revoked, not being to get crop insurance, and potentially having the DEA and DOJ breathing down their necks and confiscating their property.
That all changed in 2014 — somewhat — when the federal government implemented a hemp pilot program. Although it was a step in the right direction, the law only permitted the cultivation of hemp for research purposes and under constrained conditions.
It was about this time that CBD, aka cannabidiol, was starting to become a thing with the general public. At the time, however, it was mainly available at medical marijuana dispensaries.
In 2015, following the launch of federal hemp pilot program rules, Maine legalized the commercial sale of industrial hemp and Hemp-CBD products in the state.
Then in 2018, the federal government went a step further and fully legalized the production of hemp and the distribution of hemp products across state lines.
Maine legislature followed suit by expanding the state’s hemp cultivation program in March of 2019. However, shortly thereafter, lawmakers decided to ban the sale of CBD-infused foods and beverages citing the fact that CBD had not yet been approved by the FDA for use as a food additive.
In late January of 2019, the state began demanding that businesses remove edibles from their shelves and menus. It wasn’t long before the rule was reversed.
Nonetheless, many of Maine’s hemp farmers feel that the state’s rules are still too strict and the licensing fees too high. In fact, hemp license fees were raised for the 2020 growing season to $100 application fee, plus $500 permit fee, plus $100 per acre.
Another sticking point in Maine was the fact that the new hemp laws required all CBD products sold in Maine to be produced only with CBD that has been produced in-state. The reason for the rule, said lawmakers, was to protect Maine’s CBD market and hemp farmers from the threat of federal intervention.
This was a problem, however, because the demand for CBD in Maine was far higher than the state’s farmers could hope to produce. As a result of the industry uproar, state lawmakers rewrote the rules to allow the import of CBD from licensed producers in other states.
However, all edibles were still required to be manufactured in-state. Most experts believe that there’s no way the state will be able to enforce that rule, and sales of imported edibles continue in 2021.
In 2019 Maine licensed more than 170 hemp farmers who grew over 2,000 acres of hemp.
The state began accepting hemp license applications for the 2020 growing season in early February.
Now that the history lesson is out of the way, let’s get more specific and answer some of the more frequently asked questions regarding Maine hemp and CBD laws.
Maine hemp and CBD laws FAQ | 2021
Is hemp CBD oil legal in Maine?
Yes, CBD is 100 percent legal in Maine in 2021. There are no age restrictions and no possession limits.
Can doctors in Maine prescribe CBD oil to their patients?
No, doctors in Maine cannot prescribe CBD oil to their patients. There is one exception: a pharmaceutical drug called Epidiolex which contains essentially purified CBD has been approved by the FDA to treat certain cases of intractable childhood epilepsy.
Doctors in Maine can, however, recommend CBD oil to their patients if they believe that it can help improve their medical condition. Though CBD products are not covered by health insurance in Maine.
What medical conditions are being treated with CBD in Maine?
There a handful of reasons that are commonly cited for using CBD oil and other CBD products such as CBD edibles, skin creams, beverages, etc. The most common reasons for using CBD are to reduce anxiety, relieve pain, and improve sleep.
However, CBD is being used to treat a wide array of additional medical conditions.
Medical conditions being treated with CBD:
Can I legally purchase CBD online in Maine?
Yes, you can purchase any type of CBD products online and have them shipped to your doorstep. This includes hemp flower for smoking and cooking.
Which hemp and CBD products are legal in Maine?
All CBD products are legal in Maine with no exceptions. This includes smokable dried hemp flower, edibles, and vape oil which are illegal in some other states.
Here’s a list of some of the hemp CBD products available in Maine:
Where can I purchase CBD products in Maine?
Once only the purview of head shops, CBD oil and other CBD-infused products are now available in health food stores, spas, convenience stores, and even national drug stores chains such as CVS, Walgreens, RiteAid, and Walmart. Restaurants are also allowed to sell CBD-infused foods.
CBD products can also be purchased at Maine medical marijuana dispensaries.
Can I legally grow hemp in Maine?
Under Maine’s cannabis laws, residents are permitted to grow three cannabis plants on their property. This includes marijuana and hemp.
If you want to grow more than that you’ll need a license from the Department of Agriculture, Conservation and Forestry.
License applications are available now and must be completed before April 1, 2020.
The application fee is $100. And if a license is granted applicants must pay a $500 licensing fee plus an additional fee of $100 per acre.
We have included information on how to get a hemp license in Maine at the end of this article.
Licensed hemp farmers are required to submit crop samples for testing to assure that their crop falls below the 0.3 percent limit of THC.
Keep in mind, however, that Maine farmers are still struggling with issues such as banks and insurance companies not wanting to do business until the feds finalize their hemp and CBD laws.
Is it legal to sell CBD in Maine?
Yes, there are no laws governing the retail sales of CBD in Maine.
One particular snag you need to be aware of is that foods containing CBD sold in restaurants must be accompanied by a conspicuous label or sign indicating that the product contains CBD, either on the menu or in an open manner where the food order or food product is served.
Furthermore, any establishment that is offering CBD-infused foods must have information available to customers listing the contents of all unpackaged Hemp-CBD products.
Furthermore, all CBD products sold in Maine must meet these labeling standards:
- Labels must include the ingredients, the amount of CBD by weight, and the name, address, and zip code of the manufacturer.
- Labels may not include any health claims.
- Food products containing CBD sold in restaurants have the amount of CBD in the dish listed on the menu.
If you have any questions you would like us to answer about hemp and CBD laws in Maine or another state feel free to contact us.
Learn more about hemp CBD’s medicinal benefits
Learn more about Maine hemp and CBD laws
- Maine Industrial Hemp Program page
- Maine Temporary Hemp Regulations
- Maine Hemp Laws
- Chapter 274: Rules for Growing Hemp (PDF)
- 2020 Application to Grow Hemp Outdoors (PDF)
- 2020 Hemp Indoor Growing Application (PDF)
- FAQ (PDF)
- Public Law, Chapter 320 as Enacted here (PDF file 12k)
- Vote Hemp – Maine hemp laws
- Hemp Industry Daily – Maine orders CBD edibles removed from retail stores Feb. 2019
- Hemp Industry Daily – Maine authorizes CBD foods after unpopular crackdown Mar. 2019
- Hemp Industry Daily – Maine nudges USDA on hemp rules, says states ‘unfairly restricted’ without them 10/2019
- Portland Press Herald – Out-of-state hemp now allowed in Maine CBD market Oct. 2019
- Maine Public Radio – Farmers, Researchers Look To Grow Maine’s Fledgling Hemp Industry 10/19
- Bangor Daily News – Maine needs a consistent policy on hemp and CBD Aug 2019
- Bangor Daily News – Maine official apologizes for confusion after ordering CBD edibles removed from stores Apr. 2018
- WGME – It’s legal to grow hemp in Maine. But try getting a loan for it. Oct. 2019
- WGME – Maine’s hemp farmers want to grow their biz, but rules loom Jan 2020
- Cannalaw – Hemp-CBD Across State Lines: Maine Oct. 2019