Is CBD Oil Legal in Maine?

What is CBD?

Cannabidiol (CBD) is the second most abundant ingredient in the cannabis plant. CBD is non-intoxicating and non-addictive. The World Health Organization (WHO) in 2017 revealed that CBD taken alone cannot be abused and can be used to lower cravings for addictive substances like heroin, alcohol, tobacco, opiates, and even cannabis. Tetrahydrocannabinol (THC) is a psychoactive, intoxicating compound and is the most abundant ingredient in the cannabis plant.

The proportion of THC present in hemp and marijuana differs even though they are both cannabis plants. Hemp is defined as the plant species Cannabis sativa and any part of the plant, including the seeds and all its derivatives, isomers, extracts, acids, cannabinoids, and salts with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. A cannabis plant with a THC concentration of more than 0.3% is classified as cannabis or marijuana.

Hemp-derived CBD is legal in the US under the Agriculture Improvement Act. The law empowered the US Food and Drug Administration (FDA) to regulate the cultivation and use of hemp and hemp-derived products. However, cannabis-derived CBD is considered marijuana under the Controlled Substances Act and is regulated by the Drug Enforcement Administration (DEA).

Several benefits have been attributed to CBD based on test results conducted on animals and humans. Some of the supposed benefits include the treatment of the following:

  • Depression
  • Post Traumatic stress disorder (PTSD)
  • Seizures and epilepsy
  • Insomnia - CBD may help with falling and staying asleep
  • Anxiety
  • Chronic pain
  • Antitumor - Results from animal testing shows that CBD can inhibit the growth of cancerous tumor

The FDA approved Epidiolex to treat certain seizure types. Epidiolex is the only CBD-based drug approved by the FDA for medical use. CBD is sold in different forms such as oils, edibles, vape cartridges, topicals, tinctures, and smokable plant materials.

There are broadly three types of CBD products: full-spectrum CBD, broad-spectrum CBD, and CBD isolate (pure CBD). Full-spectrum CBD contains multiple cannabinoids, such as essential oils, terpenes, and 0.3% THC. Broad-spectrum CBD contains numerous cannabinoids and terpenes with an untraceable level or absence of THC. CBD isolate has no other cannabinoid and is sometimes called CBD crystals, it is the pure form of CBD. Cannabidiol (CBD) is available and legal in Maine.

Is CBD Oil Legal in Maine?

CBD oil is legal in Maine. The state enacted Chapter 12 of the Maine Public Law 2019 (LD 630) to harmonize the state hemp laws with the Farm Bill. The law legalized the cultivation, possession, transportation, and use of hemp and hemp-derived products in the state. In the 2016 elections, Maine voters approved "Question 1" to legalize recreational marijuana for adults aged 21 years or above. The Marijuana Legalization Act was enacted to permit the cultivation, processing, transportation, sales, and use of marijuana and marijuana products, including marijuana-derived CBD. Hemp-derived CBD and cannabis-derived CBD are legal for adults aged 21 and above in the state.

What are Maine CBD Laws in 2022?

The 2016 Marijuana Legalization Act (MLA) legalized the cultivation, manufacture, processing, distribution, and sales of marijuana-derived CBD to persons aged 21 years and above. The Act was amended in 2019. The Act established the Office of Marijuana Policy (OMP), under the Department of Administrative and Financial Services, to regulate and license adult-use marijuana establishments. The law permits the possession of a maximum of two and a half ounces of marijuana products, including marijuana-derived CBD. However, marijuana and marijuana products are prohibited in public spaces and federal lands such as national parks.

Chapter 12 of the Maine Public Law 2019 (LD 630) legalized the state's cultivation, manufacture, distribution, sales, and use of hemp and hemp products. The law also legalized the production and sales of food containing hemp-derived CBD. The law decriminalized the possession and use of hemp and hemp products in the state.

What are Maine CBD Possession Limits?

Per chapter 12 of the Maine Public Law 2019, there is no limit to the amount of hemp-derived CBD an adult aged 21 years and above can carry. However, the Marijuana Legalization Act limits the possession of marijuana-derived CBD to two and a half ounces for adults aged 21 years and above.

Can Doctors Prescribe CBD Oil in Maine?

Yes, licensed doctors can prescribe CBD oil. Per the Maine Medical Use of Marijuana Act, as amended in 2019, medical providers can prescribe marijuana-derived CBD oil to treat any medical condition they deem treatable by marijuana products. The law permits a medical provider to determine the diseases and conditions that can be treated by marijuana and marijuana products in conjunction with a physician. The doctor is mandated by law to inform the patient of the risks and potential benefits of the medical use of marijuana.

Maine had adopted the law permitting the use of marijuana and marijuana products, including marijuana-derived CBD products, to treat specific medical conditions in 1999 and updated the Act in 2009. The 2009 amended Act listed certain diseases that patients must have to qualify for marijuana-based therapies. The list included diseases such as cancer, chronic pain, multiple sclerosis, seizures, AIDS, glaucoma, epilepsy, Crohn's syndrome, and Post Traumatic Stress Disorder (PTSD). The list of qualifying diseases was eliminated in the 2019 amendment, and the power to determine qualifying medical conditions lies with medical providers and doctors.

What are the Licensing Requirements for CBD in Maine?

Chapter 12 of the Maine Public Law 2019 (LD 630) permits growing up to three hemp plants by adults aged 21 years and above without a license. To grow more than three plants, a grower must obtain a license from the Department of Agriculture, Conservation and Forestry (DACF). The process for obtaining a license to grow hemp is as follows:

  • The applicant must apply for a license 30 days before planting the hemp plants
  • Application for the license is made via the department's website
  • Sign license agreement
  • Pay license fees. The fees are:
  • $100 application fee
  • $500 license fee to be paid after approval of the application
  • $500 indoor or outdoor licensing agreement fee
  • $50/acre fee for an outdoor growing license
  • 25 cents/square foot fee for an indoor growing license
  • Submit planting report within 14 days after planting hemp
  • Inspection of grow site by the department
  • Sampling of crops by the department before harvest. The grower must inform the department 25 days before harvest if the crops have not been sampled
  • Submit a laboratory-generated certificate of analysis for THC content
  • Complete post-harvest report

Maine's Office of Marijuana Policy (OMP) regulates and licenses the cultivation, manufacture, and sales of marijuana-derived CBD. All applicants for cannabis licenses go through criminal background checks to apply for conditional licenses. Applications are then submitted to the Office of Marijuana Policy (OMP) with applicable fees for non-renewable conditional licenses valid for a year. Application fees for dispensaries, manufacturers, and testing licenses are $250. Cultivation application fees are $100 for tier 1 and $500 for tiers 2 - 4.

A conditional license holder will be eligible for an "Active license" if the local municipality certifies that the applicant satisfies all local regulations and licensing requirements. The OMP will review local authorization and any updated documents. An invoice for licensing fee will be issued to the applicant if the OMP approves the application. Licensing fees for marijuana business licenses are:

  • Cultivators
  • Tier 1 (30 mature plants or 500 square feet of plant canopy) - maximum of $250
  • Tier 2 (2,000 square feet of plant canopy) - maximum of $1,500 for outdoor cultivation and $3,000 for indoor cultivation
  • Tier 3 (7,000 square feet of plant canopy) - maximum of $5,000 for outdoor cultivation and $10,000 for indoor cultivation
  • Tier 4 (20,000 square feet of plant canopy) - maximum of $15,000 for outdoor cultivation and $30,000 for indoor cultivation
  • Dispensaries - maximum of $2,500
  • Nurseries - $350

Applicants for CBD business licenses must meet the following requirements:

  • Aged 21 years or above
  • Reside in Maine
  • Cannot be employees of regulatory state agencies
  • Must not have been convicted of drug-related offenses in the last ten years. Exceptions are if the conviction was for less than a year or it was for a marijuana-related offense
  • Cannot be currently employed as law enforcement officers
  • Cannot have outstanding court-mandated debts
  • Cannot be former cannabis business owners whose licenses were revoked

Chapter 12 of the Maine Public Law 2019 provide the following conditions for hemp-derived CBD edible products:

  • The THC content of the CBD extract must be less than 0.3%
  • Food items must be clearly labeled. The labeling must include the constituent ingredients with their weights, name, and address of the manufacturer
  • Food products containing CBD may not be imported from another state
  • No information related to the food product can have any health claims stating that hemp or CBD can diagnose, cure, prevent or treat any disease, injury, or condition without federal approval
  • CBD must be extracted from hemp grown through the Maine hemp grower program by a licensed grower
  • The CBD extract must be free of harmful contaminants
  • Documents and other evidence may be inspected to ascertain that the hemp was grown and the CBD extracts derived from Maine's hemp program

Where to Buy CBD in Maine?

Adults aged 21 years and above can legally purchase CBD oil and CBD products from dispensaries, stores, and pharmacies in the state. They can also purchase CBD-infused items at health food stores. In addition, interested persons can buy CBD products from online stores and have them delivered to their preferred locations within the state.

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