The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana below the Controlled Substances Act (“CSA”) and by supplying a detailed framework for the cultivation of hemp. The 2018 Farm Bill provides the US Division of Agriculture (“USDA”) regulatory authority more than hemp cultivation at the federal level. In turn, states have the alternative to sustain principal regulatory authority more than the crop cultivated inside their borders by submitting a strategy to the USDA.
This federal and state interplay has resulted in quite a few legislative and regulatory adjustments at the state level. Certainly, most states have introduced (and adopted) bills that would authorize the industrial production of hemp inside their borders. A smaller sized but developing quantity of states also regulate the sale of merchandise derived from hemp.
In light of these legislative adjustments, we are presenting a 50-state series analyzing how each and every jurisdiction treats hemp-derived cannabidiol (“ Hemp CBD”). Every single Sunday, we summarize a new state in alphabetical order. Currently, we turn to Maine.
Maine started authorizing the industrial sale of industrial hemp and Hemp- CBD merchandise in 2015. Following the enactment of the 2018 Farm Bill, the state passed H.P. 459 and S.P. 585 to align Maine with the 2018 Farm Bill and clarify the legality of Hemp- CBD foods.
Beneath S.P. 585, which frequently went into impact on September 19, “ hemp” signifies:
the plant Cannabis sativa L. and any element of that plant, such as the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, no matter whether developing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed of not extra than .three% on a dry weight basis and that is grown or possessed by a licensed grower in compliance with this chapter” and “incorporates agricultural commodities and merchandise derived from hemp and topical or ingestible customer merchandise, such as meals, meals additives and meals merchandise derived from hemp.” (Emphasis added).
In addition, S.P. 585 supplies that:
[n]otwithstanding any other provision of law to the contrary, meals, meals additives or meals merchandise that include hemp, such as cannabidiol derived from hemp, are not thought of to be adulterated or misbranded below this subchapter primarily based solely on the inclusion of hemp or cannabidiol derived from hemp.” (Emphasis added).
Accordingly, the manufacture and sale of Hemp- CBD meals merchandise look to be authorized in the state so extended as they comply with the THC testing and advertising specifications.
The state has adopted labeling specifications for packaged and unpackaged Hemp- CBD foods. Packaged meals labels need to:
- Indicate that the meals, meals additive or meals solution includes hemp or Hemp- CBD
- Describe the CBD content material by weight or volume
- Incorporate the supply of the hemp from which the CBD was derived
- In the case of extracts or tinctures, indicate the batch quantity and
- Incorporate a disclosure statement that the meals solution has not been tested or evaluated for security.
Unpackaged Hemp- CBD foods, which are foods sold in public consuming areas, such as retail shops, hotels and restaurants, need to be accompanied by a conspicuous label or sign indicating that the solution includes CBD either on the menu or in an open manner exactly where the meals order or meals solution is served. In addition, the public consuming spot need to conspicuously show a directory for use by shoppers that includes facts on the contents of all unpackaged Hemp- CBD merchandise.
Nevertheless there is 1 requirement that applies to each packaged and unpackaged Hemp- CBD foods: they can not be marketed with any claims that the merchandise can “diagnose, treat remedy or avoid any illness, situation or injury” without having approval from the FDA. If you stick to our weblog, you know it is smart not to make statements about the therapeutic worth of Hemp- CBD merchandise (see here and right here). So by imposing this requirement on Hemp- CBD companies and public consuming areas, the state is assisting Hemp- CBD stakeholders mitigate their threat of FDA enforcement.
Turning to other categories of Hemp- CBD merchandise, the sale of Hemp- CBD smokable merchandise is neither restricted nor authorized below the law whereas the sale of cosmetics (i.e., topical) is expressly permitted below the definition of “ hemp”.
General, it is fair to say that Maine is a “Hemp- CBD friendly state.” In reality, no enforcement action has been taken against Hemp- CBD merchandise considering that the enactment of H.P. 459 in March 27, 2019.