Is CBD Legal in Maine?

by Kat Austin December 08, 2020 5 min read

Is CBD Legal in Maine? - VO Inc

Maine has long been cannabis-friendly and was one of the first states to embrace hemp agriculture.

But is CBD legal in Maine? Yes, Maine has some of the most relaxed hemp and CBD laws in the country, making CBD oil and other products widely accessible to consumers.

However, the state's lenient regulations can also mean less oversight on product quality, which may pose risks. Here's what you need to know before buying CBD in Maine.

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 has been CBD-friendly since the 2018 Farm Bill, with some of the most relaxed CBD laws in the country, allowing hemp-derived products with less than 0.3% THC.
  • There are no minimum age requirements for purchasing CBD in Maine, though vendors may impose restrictions, often requiring buyers to be 21 or older.
  • Maine enforces few regulations on product safety and quality, so buying CBD online and carefully vetting your brand is recommended to avoid low-quality formulas.

Legal Concerns About CBD

A map with a push pin marking Maine

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

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

What are the CBD laws in Maine?

In Maine, the 2019 update to hemp laws aligned with federal regulations, legalized CBD products with less than 0.3% THC, and placed oversight under the Department of Agriculture, Conservation, and Forestry, allowing the sale of CBD-infused foods and beverages without health claims.

Here are the details:

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 in Maine varies by product type and vendor. While there are no statewide regulations for buying CBD derived from industrial hemp, many smoke shops require buyers to be 21 due to tobacco laws.

CBD derived from cannabis is only available to consumers over 21 or those with a medical cannabis card. Many CBD brands also allow customers 18 or older to order CBD online and ship 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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