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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1996S.P. 821 In Senate, May 23, 2023
An Act to Regulate Synthetic Hemp-derived Cannabinoids
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule
205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator PIERCE of Cumberland.
Cosponsored by Senators: DAUGHTRY of Cumberland, KEIM of Oxford, VITELLI of
Sagadahoc, Representatives: ARATA of New Gloucester, CLOUTIER of Lewiston, Speaker
TALBOT ROSS of Portland, TERRY of Gorham. Page 1 - 131LR2505(01)
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3 amended by PL 2021, c. 669, §5, is further amended to read:
4 D. "Hemp" means the plant Cannabis sativa L. and any part of that plant, including
5 the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of
6 isomers, whether growing or not, with a delta‑9‑tetrahydrocannabinol concentration of
7 not more than 0.3% on a dry weight basis, or as otherwise defined in federal law.
8 "Hemp" includes agricultural commodities and products derived from hemp and
9 topical or ingestible consumer products, including food, food additives and, food
10 products and nonalcoholic beverages in liquid form derived from hemp, which that in
11 their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than
12 0.3% or as otherwise defined in federal law 0.5 milligrams of delta-9-
13 tetrahydrocannabinol per package, regardless of the number of servings per package.
14 "Hemp" does not include cannabis for medical use pursuant to Title 22, chapter 558‑C
15 or , adult use cannabis pursuant to Title 28‑B, chapter 1 or any product intended for
16 human consumption or inhalation containing synthetic hemp-derived cannabinoids.
17 is enacted to read:
18 F. "Manufacture" means the production, blending, infusing, compounding or other
19 preparation of hemp and hemp-derived products, including, but not limited to,
20 extraction or preparation by means of chemical synthesis. "Manufacture" does not
21 include cultivation or testing.
22 is enacted to read:
23 G. "Synthetic hemp-derived cannabinoid" means any cannabinoid that is not naturally
24 occurring in hemp or a cannabinoid, whether naturally occurring in hemp or not, that
25 is produced by manufacturing a hemp-derived cannabinoid in a manner that modifies
26 the molecular structure.
27 as repealed and replaced by PL 2021, c. 761, §3,
28 is amended to read:
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30 this State with 7 United States Code, Section 1639p(a)(2)(A) (2020), 7 Code of Federal
31 Regulations, Part 990 (2020) and any additional federal statutes or regulations. The
32 commissioner shall cooperate with the Department of Administrative and Financial
33 Services' office of cannabis policy to adopt rules governing the manufacture of hemp and
34 hemp-derived products.
35 The rules must establish an application fee, a license fee, per acre or per square foot fees
36 for monitoring, sampling and testing and guidelines for monitoring the growth and harvest
37 of hemp.
38 The rules must establish a mechanism for conducting criminal background checks on
39 grower licensees and all key participants and require fees to be paid by the grower licensee
40 or key participant.
41 For purposes of this subsection, "key participant" means a person who, as determined by
42 the commissioner by rule, has a direct or indirect financial interest in an entity producing Page 2 - 131LR2505(01)
43 hemp, such as an owner or partner in a partnership. "Key participant" also includes a person
44 in a corporate entity at an executive level including a chief executive officer, chief
45 operating officer and chief financial officer. "Key participant" does not include other
46 management positions such as farm, field or shift managers.
5 Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,
6 chapter 375, subchapter 2‑A.
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8 This bill excludes from the definition of "hemp" consumer products, including
9 beverages, that in their final form contain more than 0.5 milligrams of delta-9-
10 tetrahydrocannabinol per package, regardless of the number of servings per package, and
11 any product intended for human consumption or inhalation containing synthetic hemp-
12 derived cannabinoids. The bill directs the Commissioner of Agriculture, Conservation and
13 Forestry to work with the Department of Administrative and Financial Services' office of
14 cannabis policy to adopt rules governing the manufacture of hemp and hemp-derived
15 products.
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