Is CBD Legal in Maine? State Hemp Rules in 2026
What Maine law says about CBD and hemp as of November 2, 2026: the 0.3% THC limit, licensing, the 21+ rule for intoxicating hemp, and federal changes.
Last checked: Based on official sourcesNot legal advice.
What's on this page?
In short
As of November 2, 2026, Maine law defines hemp as Cannabis sativa L. with no more than 0.3% delta-9 THC by dry weight, "or as otherwise defined in federal law." Anyone who makes, sells or serves ingestible hemp or CBD products must hold a license under one of several listed laws.[1]
A 2025 law added rules for "potentially intoxicating hemp products." They cannot be sold to anyone under 21, and most must come in child-resistant, tamper-evident packaging.[1, 2]
We did not find a statewide lab-testing, certificate of analysis or QR code rule for finished hemp products in Maine's main hemp statute. Medical and adult-use cannabis are separate programs.[1, 3]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Maine's hemp statute covers hemp and its derivatives, extracts and cannabinoids, and it names CBD as a "nonintoxicating cannabinoid." Anyone who makes, sells or serves ingestible hemp or CBD products must be licensed under section 2901-C, Title 22 chapters 551, 562 or 562-A, or Title 28-A.[1, 2] |
| Hemp definition and THC limit | Hemp is Cannabis sativa L. and its parts and derivatives with a delta-9 THC concentration of not more than 0.3% on a dry weight basis, "or as otherwise defined in federal law." Section 2231(6) tells the commissioner to align Maine's hemp rules with the 2020 versions of the federal hemp statute and 7 CFR Part 990 "and any additional federal statutes or regulations." That wording may let Maine's rules follow later federal changes, but we did not find an agency or court ruling on this.[1] |
| CBD in food and drinks | Maine's hemp definition includes food, food additives and food products derived from hemp when the final product contains no more than 0.3% delta-9 THC, or as otherwise defined in federal law. Makers and sellers of ingestible products need a license under section 2231(4). We did not find a separate Maine rule on CBD in food in the sources we checked.[1] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | Since June 24, 2025, Maine law defines "potentially intoxicating cannabinoids." The list includes delta-8, delta-9 and delta-10 THC and their isomers, hexahydrocannabinol (HHC), ester forms and some longer-chain analogs. A "potentially intoxicating hemp product" is any product derived from hemp, or any ingestible consumer product made from hemp, that meets the statute's percentage and 10:1 ratio tests. The wording is complicated, so read the statute itself. The statute sets no milligram cap. We did not find a Maine rule that addresses THCA flower by name.[1, 2] |
| Minimum age | A potentially intoxicating hemp product may not be sold to anyone under 21. We did not find a statewide minimum age for CBD products that are not potentially intoxicating.[1, 2] |
| Who can sell it | Selling or serving ingestible hemp or CBD products requires a license under the laws listed in section 2231(4). Maine's hemp statute does not address online sales or delivery. We did not find a rule on either in the sources we checked.[1] |
| Labels and lab testing | Potentially intoxicating hemp products that are not beverages, salves or topicals must be in child-resistant, tamper-evident packaging. No hemp product may be labeled or packaged in a way that violates federal trademark law or could lead a reasonable consumer to confuse it with a different trademarked product. The statute requires third-party testing of saved seed before planting. We did not find a testing, certificate of analysis or QR code rule for finished products.[1, 2] |
| Medical and adult-use marijuana | Maine has a medical program under Title 22, chapter 558-C, and an adult-use program under Title 28-B. Maine's adult-use law defines a minor as anyone under 21 and leaves hemp, as defined in section 2231, out of its definition of cannabis.[1, 3] |
| November 12 and December 11, 2026 | Maine's hemp definition ends with "or as otherwise defined in federal law," so it may follow the federal definition as it changes. That is our reading, not a court or agency ruling. Section 2231(6) points to the 2020 federal hemp statute and regulations "and any additional federal statutes or regulations," which may also allow later federal changes to carry over. We did not find a Maine law that sets its own dates for the federal changes.[1] |
How Maine defines hemp
Maine's hemp statute is 7 M.R.S. section 2231. It defines hemp as the Cannabis sativa L. plant and any part of it, including seeds and all derivatives, extracts and cannabinoids, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis, "or as otherwise defined in federal law."[1]
Maine's adult-use cannabis law leaves out hemp as defined in section 2231 when it defines cannabis. So hemp and adult-use cannabis are treated as separate things.[3]
Licensing and who can sell
Under section 2231, a person may plant, grow, harvest, possess, process, sell and buy hemp if that person holds a license issued under subsection 4. Separately, a person who makes, sells, offers for sale or serves ingestible hemp or CBD products must be licensed under section 2901-C, Title 22 chapters 551, 562 or 562-A, or Title 28-A.[1]
We did not find rules on online sales or smokable hemp in section 2231. Other Maine agencies may have rules that we did not review, so this page does not rule them out.[1]
Intoxicating hemp products and the 21+ rule
Public Law 2025, chapter 416 (LD 1920) became law on June 24, 2025, without the governor's signature. It was passed as an emergency measure and took effect when approved. It added definitions for "nonintoxicating cannabinoid" and "potentially intoxicating cannabinoids" and for "potentially intoxicating hemp product."[2, 4]
CBD, CBG, CBN, CBC and several other cannabinoids are on the "nonintoxicating" list. The "potentially intoxicating" list includes delta-8, delta-9 and delta-10 THC and their isomers, hydrogenated forms such as HHC, ester forms and analogs with an alkyl chain of four or more carbons. A potentially intoxicating hemp product is any product derived from hemp, or any ingestible consumer product made from hemp, that meets the statute's percentage and 10:1 ratio tests. The wording is complicated, so read the statute itself.[2]
Potentially intoxicating hemp products may not be sold to anyone under 21. Products that are not beverages, salves or topicals must be in child-resistant, tamper-evident packaging.[1, 2]
Another 2025-26 proposal did not become law. LD 1983 (the governor's bill to regulate these products under the adult-use cannabis laws) was withdrawn on January 13, 2026. We did not find any other change to section 2231 in 2026.[1, 5]
Labels and testing
Section 2231(13) says no hemp product may be labeled or packaged in violation of federal trademark law or in a way that would cause reasonable consumer confusion about whether it is a different trademarked product.[1, 2]
The testing language we found concerns saved seed: a grower may use saved seed only after an independent third-party tester confirms the plants will meet the definition of hemp. We did not find a certificate of analysis or QR code rule for finished hemp or CBD products in the statute.[1]
Medical and adult-use cannabis
Maine's medical program is set out in Title 22, chapter 558-C. Adult-use cannabis is governed by Title 28-B.[1, 3]
How Maine law connects to the federal changes
Federal law changes the hemp definition on November 12, 2026 (for cannabinoids that plants cannot make naturally) and December 11, 2026 (for the rest), unless Congress delays it again. Maine's definition ends with "or as otherwise defined in federal law." That wording may mean Maine follows the federal change, but we did not find an agency or court ruling that says so.[1, 6, 7]
Section 2231(6) tells the commissioner to align Maine's hemp rules with the 2020 versions of the federal hemp statute and 7 CFR Part 990 "and any additional federal statutes or regulations." That wording may let Maine's rules follow later federal changes, but we did not find an agency or court ruling on this.[1]
What changes next
Federal change for cannabinoids that plants cannot make naturally
Under federal law as of November 2, 2026, this part of the new federal hemp definition begins. Maine's hemp definition may follow federal law, but we did not find a Maine ruling on this.[1]
Rest of the federal hemp definition change
Under federal law as of November 2, 2026, the remaining changes begin unless Congress delays them again. How Maine's "or as otherwise defined in federal law" wording applies is not settled in the sources we found.[1]
Who regulates hemp and CBD
- Maine Department of Agriculture, Conservation and Forestry: Administers the hemp growing program under 7 M.R.S. section 2231 (the commissioner issues hemp rules).
Timeline
Public Law 2025, chapter 416 becomes law
LD 1920 became law without the governor's signature as an emergency measure and took effect when approved. It added the 21+ rule, definitions for intoxicating cannabinoids, and packaging and labeling rules.[2, 4]
LD 1983 withdrawn
The governor's bill to regulate intoxicating hemp-derived products under the adult-use cannabis laws got final disposition as "Leave to Withdraw." It did not become law.[5]
Sources
Show 7 references
- 7 M.R.S. § 2231 (Hemp)
- P.L. 2025, c. 416 (H.P. 1281, L.D. 1920), An Act to Prohibit the Sale of Potentially Intoxicating Hemp Products to a Person Under 21 Years of Age
- 28-B M.R.S. § 102-A (Definitions)
- LD 1920 (HP 1281) bill status page, 132nd Legislature
- LD 1983 (SP 783), An Act to Protect Minors from Intoxicating Hemp-derived Products by Regulating Those Products Under the Adult Use Cannabis Laws
- Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
- Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
Other states
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About this page
This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.