Amend the State's Hemp Laws

Last updated: May 19, 2019

Details about this bill
Category: Marijuana
Status: In Committee
Sponsor: Senator David Miramant, Senate 12 - Knox County
Session: 129
Bill #: LD 1749

Position:

Monitoring.

Summary:

This bill:

1. Defines "hemp" to match the definition of "hemp" in the federal Agriculture Improvement Act of 2018 and defines "indoor square footage";

2. Allows a person to plant and grow up to 3 hemp plants on no more than one acre of land area or indoor square footage and to harvest, possess and process that hemp for personal use without a license;

3. Clarifies that a person licensed to grow hemp may grow hemp from a clone that is produced from seeds acquired from a certified seed source or hemp propagated from tissue cultures that are removed from live plants grown from seeds acquired from a certified seed source;

4. This bill allows a person who holds a license to save seeds from hemp plants that the person has grown and harvested and, after having ensured through testing by an independent 3rd-party tester that the plants that will grow from the seeds will meet the definition of hemp, to use those seeds for breeding and planting hemp. It also requires a person who holds a license, within 14 days after planting hemp seeds or clones, to provide to the commissioner a listing of the varieties of seeds or clones planted and a statement that the seeds or clones meet the definition of hemp.

5. Directs the Commissioner of Agriculture, Conservation and Forestry to adopt rules to establish a certified hemp seed program based on international standards that includes a registry of seed varieties to allow a person desiring to grow hemp for commercial purposes to import hemp seeds through the Department of Agriculture, Conservation and Forestry;

6. Allows for the indoor production of hemp;

7. Increases the period a hemp license is valid from one year to 2 years;

8. Requires a person who is licensed to plant, grow, harvest, possess, process, sell and buy hemp to provide the commissioner with a final legal description of the land area or indoor square footage to be used for the production of hemp and a map, an aerial photograph or global positioning coordinates sufficient for locating each field, site, building, enclosed structure, greenhouse, high tunnel structure or row cover where hemp is growing within 14 days of planting hemp; and

9. Provides that the legal description of the land area or indoor square footage to be used for the production of hemp is confidential and may be shared with state, county and local government agencies only for purposes of administration and enforcement of the law. However, the bill specifies that summary reports of information designated as confidential may be released to the public using aggregate data that does not reveal the location of a field, site, building, enclosed structure, greenhouse, high tunnel structure or row cover where hemp is grown, handled or stored;

10. Provides that hemp and hemp products may not be tracked as part of the medical use of marijuana program or the regulation of adult use marijuana. It state that the rules applicable to hemp, medical use of marijuana and adult use of marijuana may not prohibit or limit the sale of hemp or hemp products in medical marijuana dispensaries, by medical marijuana caregivers or in adult use marijuana establishments.

11. Requires the rules adopted by the commissioner to include rules regarding seed importation and a certified hemp seed program, testing and tracking hemp during cultivation, tracking hemp from harvest through processing to the point of sale, tracking hemp from processing to the manufacturing of hemp products and tracking and labeling for sale harvested hemp and hemp products;

12. Requires all state agencies to review the laws and rules applicable to their areas of jurisdiction that pertain to hemp seeds and crops, agricultural commodities and products derived from hemp, and topical or ingestible consumer products, including food, food additives and food products derived from hemp, and to identify laws and rules that require amendment to bring them into agreement with the Maine Revised Statutes, Title 7, chapter 406-A and Title 22, section 2158-A. The bill requires those state agencies, by January 1, 2020, to submit to the Joint Standing Committee on Agriculture, Conservation and Forestry reports, including proposals for legislation to bring their laws and rules into agreement with Title 7, chapter 406-A and Title 22, section 2158-A; and

13. Fixes cross-references.