Is CBD oil legal in Maine?
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- What is CBD?
- Why is CBD sometimes illegal?
- Maine CBD laws
- Where to buy CBD in Maine
- How to read CBD labels and packaging
Hemp-derived CBD and cannabis-derived CBD are both legal in Maine. CBD can also be used as an additive in food or beverages.
Maine passed its first cannabis laws in 1999 when it gave patients the legal right to grow medical marijuana plants. Recreational cannabis was legalized in 2016 under the Marijuana Legalization Act, but a moratorium prohibited the sale of recreational cannabis. Recent legislation has since created a framework, and recreational dispensaries are projected to open in early 2020.
At present, only registered patients can purchase cannabis products, such as cannabis-derived CBD, from state dispensaries.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis and the second-most prominent in the plant after THC, which is mostly responsible for producing an intoxicating high. CBD can be sourced either from marijuana or hemp plants and has a wide range of potential therapeutic benefits.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
To date, researchers have identified a number of potential applications linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the chemical has shown promise in treating numerous health conditions, including seizure disorders, mood disorders such as depression, anxiety, and psychosis, chronic pain, and many more.
Most raw cannabis strains on the market today contain small amounts of CBD, especially compared with THC. But since the cannabinoid has gained considerable attention for its wide range of purported therapeutic benefits, more high-CBD strains have recently been cultivated.
Why is CBD sometimes illegal?
All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.
The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.
The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.
The FDA has declared that hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of its stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.
In addition to the federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies. Maine has created its own regulations with respect to the use of CBD in food and food products.
Maine CBD laws
The cultivation of industrial hemp was legalized in Maine in 2009 under LD1159. In February 2019, the state passed additional legislation, LD 630, providing further regulations for the licensing of industrial hemp and the sale of hemp-derived CBD.
LD 630 aligns with the federal definition of hemp as containing 0.3% concentration of THC or less. According to the law, any hemp cultivated, manufactured, or sold within the state must be licensed with the Department of Agriculture, Conservation, and Forestry (DACF). The legislation also explicitly states that foods and food products containing hemp or CBD can be sold and marketed for non-pharmaceutical purposes. These products cannot make therapeutic claims, however, unless approved by federal law.
CBD sold in Maine must meet labeling standards.
- All labels must include the ingredients, the amount by weight, and the name, address, and zip code of the manufacturer.
- Labels must not include any health claims, including that hemp, CBD, or the product can diagnose, treat, cure, or prevent any disease, injury, or condition.
- If a food product containing CBD is sold in a restaurant, the menu must clearly state the inclusion of CBD and the weight by item.
Cannabis was legalized in 1999 for medical purposes under An Act to Establish the Maine Medical Marijuana Act. Cannabis was legalized for adult use in 2016 under the Marijuana Legalization Act.
Similar to many states with recreational cannabis legislation, the commerce of recreational cannabis was placed under moratorium to allow time to develop regulations. In June 2019, Gov. Janet Mills signed LD 719 that sets up a framework for the sale of adult-use marijuana, which should become available for retail in early 2020. Until then, CBD derived from cannabis is only available to purchase from state-licensed dispensaries by patients with a medical marijuana card.
Licensing requirements for CBD
Hemp licensing in Maine is handled by the Department of Agriculture, Conservation, and Forestry. Applicants must complete their license application between January 1 and April 1 of the year they wish to grow hemp. Applicants must also submit a $100 application fee with their application. If the application is approved, licensees are also responsible for a $500 licensing fee and an additional fee of $50 per acre. Applicants must provide detailed information regarding the boundaries and dimensions of proposed growing sites.
Under Maine law, all industrial hemp must be planted using a certified seed source. These sources must be certified by the Association of Seed Certifying Agencies or another approved standard. Seeds must also come from plants that were tested during the active growing season and found to produce industrial hemp with 0.3% THC content or less.
All hemp licensees must also submit crop samples for testing. The inspection, sampling, or testing of hemp crops can happen at any time the department deems necessary (although licensees are notified prior to inspection). Licensees must allow full and unrestricted access to the crop, and all plants will be tested for THC content. If any crops test above the THC limit of 0.3% percent, they must be destroyed.
To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps
Currently, all hemp in the state of Maine must be grown outdoors, although the state is currently working on regulations surrounding the cultivation of indoor hemp.
Maine CBD possession limits
There are no possession limits for hemp-derived CBD, CBD oil, or other CBD products.
Although there are no possession limits specified for CBD derived from cannabis, there are limits for cannabis possession. Individuals can possess up to 2.5 ounces. For those found with quantities in excess of this limit, Maine adheres to a tiered system of penalties.
Where to buy CBD in Maine
Hemp-derived CBD products, including CBD oil, can be found in a variety of retailers in Maine. Because the state allows CBD to be used as a food or food additive, grocery stores, restaurants, and other food-centric retail stores also sell CBD products.
Hemp-derived CBD products, including CBD oil, can be found in a variety of retailers in Maine. Photo by: Gina Coleman/Weedmaps
In addition, you can also shop for CBD online and find verified CBD brands on Weedmaps. It’s vital to do your research and ensure you’re purchasing CBD oil or other CBD products from a reputable source — whether that’s an online retailer or a brick and mortar location.
Reputable brands will generally provide you with essential product details, including the form of the CBD (such as oil, capsules, topicals, tinctures, etc.), the quantity of CBD the product contains, other chemicals or ingredients present in the product, and more.
Cannabis-derived CBD can only be purchased from a state dispensary with a medical marijuana card.
How to read CBD labels and packaging
The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.
Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. A CBD product should clearly state what kind of CBD is used.
Full-spectrum CBD oil means the extract contains cannabis-derived terpenes and trace amounts of cannabinoids such as THC. Broad-spectrum also includes other cannabis compounds but has had THC removed during the processing phase. CBD isolate is a pure crystalline powder containing only CBD.
As mentioned, Maine has its own labeling regulations for CBD products. However, most reputable CBD producers generally include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full-spectrum, broad-spectrum, or isolate.
- Batch or date code.
CBD Oil in Maine: Legality, Where to Buy and More
Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.
A Guide to CBD Oil in Maine
- Maine has a hemp-growing program that is comprehensive and easy to participate in.
- Hemp is classified as a cannabis plant containing 0.3% THC or less.
- Residents of Maine may grow up to three hemp plants for personal use.
- People in Maine are enjoying CBD products of all kinds.
- There are few consumer protections in place regarding processing and selling CBD in Maine.
Is CBD Legal in Maine?
In Maine, CBD is everywhere. The state is progressive in its cannabis policies, and consumers are happily enjoying access to CBD derived from industrial hemp on a daily basis. In shops and retail locations around the state, you can find products of all varieties, including oils, gummies and even CBD for your furry friends.
While CBD products are clearly available everywhere in Maine, CBD laws are fuzzy in most states. There is confusion about which products are legal and which are restricted, and federal laws are sometimes in conflict with state laws.
Federal laws are often even in conflict with themselves. The 2018 Farm Bill made it legal for farms to commercially grow and process hemp and hemp products, which took CBD off the list of controlled substances. The resulting boom in the industry left the Food and Drug Administration scrambling to regulate a market that was already in full swing.
The discrepancies within federal laws are likely because of poor timing. States can adopt their own laws, which sometimes conflict with federal laws. This is often the case when definitions are up for debate. In this article, we will take a look at the Maine laws that are clear cut, helping you understand consumer protections and how to choose a product that is safe and effective.
Are There CBD Laws in Maine?
Maine’s CBD laws are progressive by comparison with many other states. The state defines hemp as plants containing no more than 0.3 percent THC, and any product derived from hemp plants is legal. Consumers can enjoy an array of CBD products in multiple formats, including CBD infused into food and beverages.
Maine has a well-defined hemp-growing program in place, and there are multiple state departments overseeing the cultivation, processing and sale of hemp and hemp products. Consumers can feel good about consuming CBD in Maine, and can do so without the worry of legal repercussions.
CBD in Maine: Understanding Different Types of CBD Products
CBD oils are probably the most common CBD products on the market. When you want to get original formulas with no additives, this is generally the way to go. Penguin’s CBD oil contains pure CBD suspended in a carrier oil that has been designed to optimize absorption, for maximum effect.
Choose between mint, citrus, strawberry, cookies & cream or natural flavors, and see what our customers are raving about.
Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.
CBD capsules provide some flexibility to meet your lifestyle needs. When you want to grab your CBD and go, this is an excellent option. Penguin’s CBD capsules are simply our CBD oil and MCT oil contained in an easy-to-swallow gelcap. Straightforward and convenient, our CBD capsules contain 10mg of CBD to give you ultimate control over your dose.
Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.
There is something special about Penguin’s CBD gummies . Maybe it’s their soft and chewy texture, or their sweet and tart flavor. Whatever it is, our customers love our CBD gummies, and we are confident you will too. This fun and colorful snack is made with 10mg of CBD isolate per gummy, for a discreet CBD treat at any time.
Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.
When you want to pamper yourself, the only thing better than an at-home spa day is an at-home spa day with CBD cream . Penguin’s CBD cream goes on smoothly and locks in moisture for an all-day velvety feel that you won’t be able to resist. We even add some soothing lavender and cooling peppermint—it’s an absolute delight for the senses.
Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.
Industrial Hemp in Maine
Residents of Maine may grow up to three hemp plants for personal use, but the state-run hemp-growing program is easily accessible for interested growers. Growers must register for the program and obtain a license through the Department of Agriculture, Conservation and Forestry, Plant Health division.
The department oversees the cultivation process and ensures that growers adhere to safety guidelines for growing in the state. There are few pesticides allowed on hemp intended for human consumption, and agents of the DACF test hemp 25 days before harvest to ensure residue and THC are within the legal limits.
The most significant way in which Maine’s regulations differ from federal regulations may be in the way the state handles CBD in foods. The FDA has indicated that CBD is not permitted in food or beverages that are sold commercially, but Maine allows it as long as establishments adhere to the guidelines set forth by the state’s Quality Assurance and Regulations division.
While Maine’s hemp program is fairly all-encompassing, the state does not seem to have many regulations in place once the plants are harvested. Processing and sales regulations are lacking, and retailers do not need a license beyond the usual vendor’s licensing.
Can I Purchase CBD Online in Maine?
Maine is full of specialty stores that boast a wide selection of products. At these shops, you can usually talk to someone who is informed and knowledgeable, and can get answers to all your questions. Buying CBD at drug stores or grocery stores is another story. It may be difficult to find information about your products, and the state-mandated labeling may be nonexistent.
Buying CBD online is always a convenient and safe option, as long as you do your homework on the companies you are considering. When you shop online, you have access to reviews, and can make sure your products come from a reputable source.
CBD Oil in Maine
Regardless of where you do your CBD shopping, you need to do some research to ensure you are getting a good product. Many products in Maine are imported from other states, and Maine itself does not have many consumer protections in place once the hemp used to make your products is harvested.
You never want to buy your CBD from a company that does not provide you with easy access to third-party lab results. All companies operating under state laws must provide this information; if they don’t, that should be a serious red flag.
Not only do we at Penguin CBD make our lab results clearly available on our website, we also proudly share our customer reviews on all of our product pages. We are happy to be a top pick of publications such as Rolling Stone and Merry Jane , and our mission is to make every one of our customers comfortable with buying CBD.
Our blog is full of educational material to help you understand what to look for in your CBD products. We are always happy to answer your questions, and our products come with a 30-day guarantee. When you get your CBD from Penguin CBD, you can relax because you know you are shopping with a brand you can trust.
Final Thoughts About CBD in Maine
Maine’s CBD laws are relaxed and straightforward. Consumers in Maine have plenty of options for purchasing CBD. You can even get CBD-infused food products as long as they are made in-state.
The Pinetree State’s hemp-growing program is intended to help growers get up and running. The aim is to facilitate entry into a new industry with plenty of potential. Residents of the state can even try their hand at growing a few plants themselves. There’s no need to register as long as they are for personal use.
One of the major holes in Maine’s legislation is in consumer protections. While the state oversees plant quality for hemp while in cultivation, there doesn’t appear to be much monitoring once the plants are on their way to processing facilities.
However, you don’t have to leave it entirely up to the state to regulate the CBD you purchase, as long as you are smart about doing your research before you buy.
Penguin CBD’s blog is an excellent resource for information on all things CBD, including what to look for in your products, no matter who you buy them from. Though we won’t lie: We think ours are the best. Visit our website today to find out why.Want to learn more about CBD oil in Maine? We've got you covered with this comprehensive guide. ]]>