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Disclaimer: The information below is fully based on our independent research. While our team does everything in their power to provide accurate and current information from credible state-run websites and resources, we are not lawyers or legal experts. As such, none of the following information should be interpreted as legal advice. Content on these pages is provided for informational purposes only and those with legal concerns should consult experts within their state.
Maine is one of eleven states where cannabis products, including cannabidiol (CBD), are widely and legally a available. CBD is a nonintoxicating cannabinoid, the second most abundant in marijuana, after the mind-altering THC. This substance is also available in great quantities in industrial hemp. Anecdotal reports and a few clinical studies suggest that CBD can be a helpful remedy for people dealing with back pain, insomnia, seizures, anxiety, depression and several other maladies. Many people choose it over THC because it will not show up on conventional drug tests and because it does not have THC’s intoxicating effects.
Because of the patchwork of laws throughout the country, most people wish to ensure that the cannabis and hemp products they purchase are legal. This is what we know about the legality of CBD in Maine.
Is CBD oil legal in Maine?
Yes, both hemp-derived and marijuana-derived CBD are legal in Maine. Marijuana-based CBD products can be purchased by individuals over 21 and are available in dispensaries throughout the state. There is a 2.5 ounce possession limit for cannabis products in Maine for both medical and recreational users. This includes marijuana-based CBD products.
Hemp-based CBD can be purchased by people of any age in the state. There are no possession limits for CBD products in Maine.
What are the current CBD laws in Maine?
Currently, CBD products, including both hemp-derived and cannabis-derived CBD, are legal in the state of Maine. Hemp-based CBD can be purchased over the counter with no age or quantity limits. Marijuana-based CBD can be purchased by those with medical marijuana cards or adults over the age of 21. You can possess up to two and a half ounces of marijuana-based CBD in Maine at any given time. This restriction applies to both recreational and medical users.
Maine has not always shown this liberal attitude toward both hemp and marijuana. Maine was one of the states to ban marijuana early, putting their marijuana prohibition law on the book in 1913.
However, the state loosened attitudes right at a time when many were enacting harsher laws as part of the War on Drugs. In 1975, the state legislature became the third to decriminalize possession of small quantities of marijuana. The law was enacted in 1976.
They were also among the earliest to put medical marijuana laws on the books. On November 2, 1999, 62% of Maine voters chose to vote yes on Question 2, enacting the state’s new medical marijuana program. Patients were permitted to buy marijuana products, including therapeutic CBD, at dispensaries throughout the state. They were also permitted to possess up to six mature marijuana plants at a time.
Larger possession quantities were decriminalized in 2009. Governor John Baldacci signed LD 250 into law, which made possession of up to 2.5 ounces a civil infraction under Maine state law.
Soon, voters went even further and legalized recreational use throughout the state. In 2016, The Marijuana Legalization Act allowed adults who were not participating in the state’s medical marijuana program to have up to six mature marijuana plants at once. It also laid out a framework for legal recreational dispensaries. The dispensaries opened on October 9th, 2020.
While the state worked toward liberalized marijuana policy, it was also working on making hemp sales and cultivation legal in the state. When federal law put marijuana on the Schedule 1 controlled substances list, hemp was outlawed, as well, because of its close relation to the intoxicating weed.
In 2002, members of the legislature proposed LD 1174, which would legalize the agricultural use of hemp. However, the bill died between houses and was not made law.
The next year was more successful. In 2003, the state passed LD 53, a law that removed industrial hemp from the definition of marijuana. Additionally, the law authorized the Maine Agricultural Experiment Station to study the cultivation of hemp. The study included an analysis of the soils and growing conditions needed. It also provided for research into the potential products that could be made with hemp.
By 2009, the state was ready to further explore the benefits of hemp cultivation. LD 1159 allowed licensed individuals to grow industrial hemp. The law defined hemp in the same manner as later federal laws. Hemp was permitted as long as it contained less than .3% THC.
Maine’s laws required that people applying for licenses to grow hemp supply their fingerprints, which were kept on file with the office of the Commissioner of Agriculture, Conservation and Forestry. Attempts where made to rescind this part of the law in both 2013 and 2015. The 2013 bill died in committee. The 2015 law made it all the way through both houses, but was ultimately vetoed by Governor Paul LePage. However, his veto was overridden on June 16, 2015.
Today, it is legal to cultivate, process, sell and possess hemp-based CBD products throughout the state. People who wish to grow hemp for CBD or other hemp-related products must use seed from a certified source. This is to ensure that hemp grown in the state produces plants with less than .3% THC by dry weight. Everyone who grows hemp in Maine must submit crop samples for testing. They must also allow full and unrestricted access to the crop during the growing season. If crops test higher than the .3% THC limit, they must be destroyed.
Maine also explicitly allows for CBD to be added to food and beverages. Many other states do not allow CBD to be added to edibles, citing FDA rules.
CBD products sold in the state must meet labeling requirements. Labels must show the ingredients, the amount of CBD in the product by weight, and the name, address and zip code of the product’s manufacturer.
It is illegal to make health claims on the label of CBD products. These include claims that the CBD product can diagnose, treat, cure or prevent any medical condition.
When CBD products like smoothies, brownies and others are sold in restaurants, the menu must clearly state that CBD is included in the product. Restaurateurs must also list the amount of CBD included by weight of the item.
Can I purchase CBD in Maine?
Yes, you can buy CBD in Maine. CBD products are available in Maine in the form of oils, tinctures, capsules, edibles and topical applications. Hemp-based CBD can be purchased in specialty CBD stores throughout Maine, as well as convenience stores, retail boutiques, drugs stores and other locations.
Marijuana-based CBD products can be purchased in state licensed dispensaries. Buyers must be either medical marijuana cardholders or be over 21.
You can also buy CBD online and have it shipping to an address in Maine. Many people buy online in order to get access to a wider choice of products and sometimes lower prices, as well.