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Is CBD Legal in Maine? ME CBD Laws in 2023

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From its craft beer and lobster rolls to its lighthouses and coastal hiking trails, Maine is a key destination for those looking to get off the beaten path. 

And, whether you’re a local or a visitor, people in Maine can also purchase CBD legally to support their day-to-day lives.

In 2019, Maine enacted a public law that aligned its politics with that of the federal 2018 Farm Bill, which legalized the production, sale and distribution of hemp and its products across the United States. That said, marijuana-derived CBD is also legal in the state of Maine.

CBD Laws in Maine: What You Need to Know

Is marijuana decriminalized in Maine? Yes, both marijuana and hemp are decriminalized in Maine after the state passed its legislation. That said, to be in possession of either marijuana- or hemp-derived CBD, citizens and visitors must be 21 years of age or older.

Further, possession laws limit marijuana-derived CBD to two and a half ounces per person.

Additionally, when adding hemp CBD to food products, the U.S. Food and Drug Administration (FDA) still has authority. Per federal law, all foods with CBD are unapproved federally. To combat this, the state of Maine introduced a new law that determined that any food products with CBD are not considered adulterated as long as they follow certain conditions:

  • Food labels and restaurants must clearly state every ingredient, including CBD, as well as their amount by weight, name and address of manufacturer, including zip code.
  • THC content must be less than 0.3%
  • All labels, advertisements and menus must include a disclaimer that CBD does not diagnose, treat, cure or prevent any disease, condition or injury absent approval pursuant to federal law.
  • CBD Maine food products cannot be imported from a different state
  • The process by which the CBD is made cannot result in harmful additives, solvents, residues or contaminants

If producers and distributors do not abide by these rules, Maine’s Department of Agriculture Conservation and Forestry (DAFC) can discipline the establishment accordingly. 

To become licensed for the production and distribution of hemp, entities must submit an application, which includes a criminal history report, through the DAFC. The department also charges fees for application, licensure and acres used.

Is CBD Legal in Maine?

In 2016, Maine passed the Marijuana Legalization Act (MLA), which allowed for the cultivation, manufacturing, processing, distribution and sale of all marijuana-derived products. This includes medical and recreational marijuana, as well as Maine CBD processed from the marijuana plant.

To abide by state regulations, the law also established an overarching entity: The Office of Marijuana Policy (OMP). The OMP oversees the licensure and production of all marijuana products and must consult with the U.S. Department of Agriculture, Conservation, and Forestry, U.S. Department of Labor and the U.S. Department of Public Safety to ensure all cultivation methods are regulated, workplaces are safe and cultivation practices protect public safety, respectively.

That said, it’s important to note that people cannot use marijuana in public spaces, federal lands and national parks in Maine.

After the federal government passed the 2018 Farm Bill, Maine enacted its own guidelines around the legality of hemp. Unlike marijuana, hemp plants must contain less than 0.3% THC, the psychoactive compound that produces a “high” when using marijuana. Maine also made it legal to include hemp-derived CBD in food products. 

Can I Buy CBD in Maine?

CBD from both hemp and marijuana plants is available for purchase in Maine. For CBD products like CBD oil, Maine allows for distribution to dispensaries, stores and pharmacies throughout the state. That said, these outlets must be licensed and the products must come from licensed growers and manufacturers.

People in Maine can also buy CBD foods and drinks in the state, like bars, cookies and CBD gummies. Maine edible laws do state, however, that these products cannot be shipped in from another state. 

Accordingly, it’s safe to assume that people who purchase CBD food products in Maine should be cautious about traveling with these products over state lines since CBD-infused food products are not legal federally. 

Can I Buy CBD Online?

People in the state of Maine who are 21 years of age and older can purchase CBD-derived hemp online from licensed online retailers. However, they cannot purchase marijuana-derived CBD online, since marijuana is not federally legal.

Also, since CBD food products are not federally legal, it’s unlikely that you’ll be able to buy them online unless the retailer produces and sells its products from the state of Maine.

When shopping for CBD, ensure that the online retailer is reputable. Trusted companies, like Zebra CBD, will provide a certificate of analysis (COA) which confirms that the product was tested by a third-party lab. Testing will also confirm the product’s ingredients and potency, and whether any contaminants, like pesticides and heavy metals, are present. 

Can I Buy CBD at a Dispensary?

Yes, you can buy both marijuana CBD products and hemp CBD products from dispensaries in Maine. They’re also available in various stores, pharmacies and health food shops. 

Do you need a medical card in Maine 2023? Only if you’re purchasing medical-grade CBD from the marijuana plant. That said, if you’re purchasing medical-grade CBD, you’ll only find these products at a local dispensary.

Legal Status of CBD in Maine

Is CBD oil legal in Maine? Yes, CBD products made from hemp and marijuana plants, including CBD oil, are legal in the state of Maine. However, as stated earlier, when purchasing CBD of any kind, you must be 21 years old or older. Additionally, you cannot buy more than two and a half ounces of CBD. 

It’s important to note that CBD laws Maine are subject to change, and you should always stay up to date on CBD laws through Maine’s government website. 

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.

FAQ

1. Is CBD Legal in Maine?

Yes, CBD from marijuana and hemp plants is legal in the state of Maine. Foods containing CBD are also legal within state lines.

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

To purchase CBD in Maine, you must be 21 years or older. 

3. Can I sell CBD products in Maine?

Yes, retailers like dispensaries, pharmacies and health food stores can sell CBD products throughout the state of Maine.

Source: 

Maine Cannabis Information. Is CBD Oil Legal In Maine? https://mainecannabis.org/cbd

Maine Legislature. Chapter 1: CANNABIS LEGALIZATION ACT. https://legislature.maine.gov/statutes/28-B/title28-Bsec104.html

Maine Department of Agriculture, Conservation and Forestry. Guidelines for Production and Sales of Food Items containing Cannibidiol (CBD). https://www.maine.gov/dacf/qar/documents/cbd-guidance-retail.pdf


About the Author

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Mara Welty

Mara Welty is a copywriter who specializes in health, wellness and CBD topics. With a background in journalism, she aims to deliver engaging, research-based content that builds trust and engages readers through informative storytelling.

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