Governor Mills Signs Emergency Legislation Allowing Sale of Hemp-Derived Products in Maine

Governor Mills sign LD 630Governor Janet Mills signed emergency legislation today to allow the production and sale of food additives and food products that contain hemp or hemp products in Maine. The legislation, LD 630, sponsored by Representative Craig Hickman (D-Winthrop), aligns the definition of hemp in state law with the definition in federal law as outlined in the 2018 Farm Bill and clarifies that hemp-derived food products or additives are no longer considered adulterated under state law and may be sold.

“I am glad we were able to take steps to rectify this issue, and I applaud Representative Hickman for his leadership,” said Governor Mills. “This bill will allow for the safe and legal commercial sale and use of CBD products and support the continued growth of the legal hemp industry here in Maine in the years to come.”

“People have millions of dollars invested in this industry and are worried about losing their livelihoods. People need access to the foods of their choosing for their own well-being. I am grateful the governor knows the urgency of the situation and has taken swift action to get this bill signed,” said Representative Craig Hickman, D-Winthrop, an organic farmer and House chair of the Agriculture, Conservation and Forestry Committee.

More specifically, LD 630 An Act To Clarify That Food, Food Additives and Food Products Containing Hemp-derived Cannabidiol Produced and Sold within the State Are Not Adulterated and To Match the State’s Definition of “Hemp” to the Definition in Federal Law states that food, food additives and food products that contain hemp and hemp products, including hemp derived cannabidiol, are not considered to be “adulterated” under state law and that the non-pharmaceutical or nonmedical production, marketing, sale or distribution within the State of food, food additives or food products that contain hemp-derived cannabidiol may not be prohibited.

The legislation also clarifies that eating establishments, in addition to food establishments, may not make any therapeutic claims about food products that contain hemp-derived cannabidiol without federal approval.

The definition of “hemp”, defined by the legislation, includes commodities and products derived from hemp, including food, food additives and food products, and does not include medical marijuana as governed by the Maine Medical Use of Marijuana Act or adult use marijuana as governed by the Marijuana Legalization Act.