December 08, 2020 6 min read

A map with a push pin marking Maine

Maine has a history of being very cannabis-friendly, and the state was one of the first in the country to jump into hemp agriculture.

Still, CBD laws can be confusing, which begs the question: is CBD legal in Maine? Or is it surrounded by confusing red tape?

Luckily, Maine has some of the most relaxed hemp laws in the country. This makes CBD accessible to consumers, but also poses some concerns, like poor quality regulation that can put consumers at risk.

Before you buy CBD in the state, here’s what you need to know about Maine CBD laws:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Maine?
Is full spectrum CBD legal in Maine?
Does Maine have a CBD possession limit?
Do you need a prescription to get CBD in Maine?
Where to buy CBD in Maine?
How old do you have to be to buy CBD in Maine?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

  • Maine legalized hemp agriculture in 2009 and has overall been a CBD-friendly state since the passing of the 2018 Farm Bill. The state has some of the most relaxed CBD laws in the country.
  • The state defines CBD similarly to federal definition, and products derived from hemp that contain less than 0.3% THC are legal.
  • There are no minimum age requirements for buying CBD in the state. It still may be difficult to access CBD if you are under 21 due to rules set by CBD vendors.
  • Doctors in Maine may recommend CBD, but you don’t need a prescription to access it.
  • Maine has set forth a few regulations for CBD manufacturers, but most focus on highlighting the product’s THC content. There aren’t very many regulations in place regarding consumer safety and product quality.
  • Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

Two bottles of CBD oil, a popular oral form of CBD found in Maine

What are the CBD laws in Maine?

In Maine, manufacturers could grow, manufacture, and sell hemp as early as 2009. LD 1159, the long standing hemp law in the state, permitted hemp agriculture but failed to provide insight into the manufacture and sale of CBD or other hemp derived products. It also required that anyone growing, processing, or selling hemp obtain a license from the state and made no provisions for CBD that affected consumers.

In 2019, the state updated hemp laws to more closely match the federal definition. LD 630defines hemp as cannabis containing less than 0.3% THC, and provides some regulation for the sale of CBD.

The bill also puts CBD regulation under the authority of the Department of Agriculture, Conservation, and Forestry (DACF). The DACF serves to enforce licensing and regulatory rules for growers and manufacturers, including labelling regulations mostly aimed at regulating the THC content in the products.

Unlike more restricted states (like California, Georgia, and Hawaii), Maine also clearly highlights the legality of CBD as a food-additive. CBD-containing food and beverages are legal so long as they do not make health claims and are not marketed as health-supplements. Restaurants can even serve CBD-infused items, proving they clearly state the use of CBD and the quantity by weight on the menu.

Is full spectrum CBD legal in Maine?

Maine aligns with federal regulations regarding CBD, which have no restrictions against CBD products that contain 0.3% THC or less. In the state, full spectrum CBD products (including food and dietary supplements) are legal.

Does Maine have a CBD possession limit?

To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are legal in Maine but are subject to different laws and possession limits.

Do you need a prescription to get CBD in Maine?

You do not need a prescription to get CBD in Maine, and in general doctors do not “prescribe” CBD to patients, with the exception of FDA-approved CBD pharmaceuticals. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Maine?

A handful of CBD softgels, which can be found in stores and online in Maine

Maine has one of the most relaxed hemp markets in the state, and you may be able to find CBD products in grocery markets, convenience stores, and even restaurants. The state does not do much to regulate CBD quality, making it easy for manufacturers to push CBD to stores all over the state.

However, this lack of regulation can be risky.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

How old do you have to be to buy CBD in Maine?

The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Maine, there are no statewide regulations regarding the legal age to buy CBD derived from industrial hemp. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.

CBD derived from cannabis is only accessible to consumers over 21, except for those who have a state-issued medical cannabis card.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Maine.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Maine, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “LD 1159” http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/HP079801.asp
  3. “HP 459” http://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP0459&item=1&snum=129
  4. “Maine Agency Guidelines for Enforcement” https://www.maine.gov/dacf/php/hemp/documents/HEMPPL2019c.528DLW10.19.pdf

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