Maine Hemp Cultivation: Regulations & Guidelines

Hemp vs. Cannabis in Maine

Maine draws a legal distinction between hemp and high-THC cannabis (marijuana). Hemp is low-THC Cannabis sativa grown for CBD, fiber, grain, and related uses. It is legal to grow in the United States, but it is regulated and, in Maine, requires a license.

Under Title 7 M.R.S. §2231, hemp is defined as the plant Cannabis sativa L. and any part of it — including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers — with a delta-9-tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry-weight basis, or as otherwise defined in federal law. The definition expressly excludes medical cannabis (Title 22, chapter 558-C) and adult-use cannabis (Title 28-B, chapter 1).

The agency that regulates each matters. DACF's hemp program handles hemp growing. The Office of Cannabis Policy handles high-THC cannabis. DACF explicitly does not license or regulate high-THC cannabis, and it also does not regulate the processing of hemp.

This division creates a practical split you should understand before buying or growing anything:

• Hemp (≤0.3% THC): licensed and inspected by DACF under the agricultural hemp program; not tracked as cannabis; not under OCP.
• Cannabis (high-THC): regulated by OCP under Title 28-B (adult-use) or Title 22 (medical); tracked seed-to-sale; subject to OCP licensing and testing.
• Potentially intoxicating hemp (THC-heavy finished hemp products): a separate category created by PL 2025, c. 416, subject to 21+ and packaging rules but still not folded into the cannabis program.

Legal Framework: Statute and Rules

Three layers of law govern hemp in Maine:

1. The state statute — Title 7 M.R.S. §2231 (Chapter 406-A)

The core statute establishes the definition of hemp, the grower-license requirement, seed-source rules, the one-year site-specific license, fee ranges, the annual report, and (as amended by PL 2025, c. 416) the potentially intoxicating hemp product category with 21+ and packaging rules. The statute directs the commissioner to adopt rules aligning Maine law with the federal hemp program (7 U.S.C. §1639p and 7 C.F.R. Part 990).

2. The agency rules — DACF Chapter 274 (Rules for Growing Hemp)

DACF implements the statute through Chapter 274, Rules for Growing Hemp. These rules cover application, licensing, fees, monitoring, sampling, testing, and criminal background checks for growers and key participants. DACF adopted revised licensing rules in February 2023 that reduced fees for growers who choose grain or fiber production. The rules do not license hemp processors.

3. The federal program — USDA-approved Maine plan

Maine operates under a USDA-approved state hemp production plan, with the Maine Hemp Program Plan on file with USDA. This is what lets Maine-licensed hemp (at ≤0.3% total THC) be marketed nationwide.

Who Regulates Hemp in Maine

The Maine Department of Agriculture, Conservation and Forestry (DACF) is the licensing authority for growing hemp in Maine. It operates Maine's USDA-approved hemp production plan. All hemp licensed in Maine meets the USDA definition of hemp (total THC at or below 0.3% on a dry-weight basis) and can be marketed nationwide.

Three boundaries keep the program distinct:

• DACF licenses growing only. It does not license or regulate the processing of hemp and keeps no list of processors or markets.
• DACF does not license high-THC cannabis. Marijuana inquiries go to the Office of Cannabis Policy.
• Hemp is not tracked as cannabis. Under Title 7 M.R.S. §2231, subsection 10, hemp and hemp-derived products may not be tracked as part of the medical or adult-use cannabis programs.

If you are a cannabis operator or consumer, note that this page covers the DACF hemp program only. For the OCP adult-use program, see the Maine cannabis regulations guide.

Licensing to Grow Hemp in Maine

Growing hemp for commercial purposes requires a DACF grower license issued under Title 7 M.R.S. §2231. The license is valid for one year and only for the site or sites specified in it. A person may plant, grow, harvest, possess, process, sell, and buy hemp only if that person holds a grower license.

The DACF grower process — step by step

1. Apply early. Apply at least 30 days before you intend to plant, including the $100 non-refundable application fee, so you have a signed license agreement in hand before you plant.
2. Application review. DACF reviews and approves the application, then emails the grower a draft license agreement.
3. Sign and pay. Agree to all conditions and sign the license agreement, then mail it to DACF with the license fees.
4. Register grow sites with USDA-FSA. Report your hemp acreage to your local Farm Service Agency office (details below).
5. Plant in discreet lots by variety. DACF will sample each lot.
6. Submit a planting report within 14 days. Confirm exactly where you planted and that your varieties came from stock at no more than 0.3% total THC.
7. Inspection. The hemp program inspects grow sites.
8. Keep DACF informed of contact changes, crop failures, and anticipated harvest dates.
9. Notify 30 days before harvest if your crop has not yet been sampled. Monitor THC levels.
10. Sampling and testing. An inspector samples your lots; a lab generates a Certificate of Analysis for THC content.
11. Post-harvest report. Complete a post-harvest report when the season ends.

Site and acreage rules

The acreage or square footage you request cannot be increased once the license is finalized. Non-contiguous growing areas or facilities separated by more than 50 miles require a separate license application and fees. The application must include the name and address of the applicant, the legal description of the land or indoor facility, and a map, aerial photograph, or GPS coordinates to locate the fields or floor plan.

Hemp License & Application Fees

Maine law requires DACF to cover the cost of running the hemp program through an application fee, a license fee, and a per-acre (or per-square-foot) fee. The statute (Title 7 M.R.S. §2231, subsection 7) sets fee ranges — application no less than $50 and no more than $100, license no less than $100 and no more than $500, and monitoring/sampling/testing no less than $1 and no more than $100 per acre (and no more than 25¢ per square foot indoors) — which DACF implements in its published fee schedule. DACF's current schedule includes:

All grower license fees include THC lab analysis for one hemp lot. Fees collected cover program costs including inspector travel, sample transport, lab analysis, equipment, and staff time. DACF's FY2024 annual report notes the license fee structure requires roughly 150–200 growers to fully fund the program, and that it could consider turning the licensing program over to USDA if licensed growers fall below 50.

Criminal Background Checks and Key Participants

USDA requires anyone applying to grow hemp to request a criminal background check through the FBI and submit the report to the hemp licensing authority. The Maine statute requires DACF's rules to establish a mechanism for conducting criminal background checks on grower licensees and all key participants, with the fees paid by the grower or key participant.

The FBI criminal history process

Per DACF's hemp criminal history guidance:

• Request an FBI Identity History Summary Check from the FBI Identity History Summary Checks page.
• The report must go back 10 years, be dated within 60 days of applying, and cover state and federal criminal history. The fee is $18.
• Fingerprinting is a required step. Options in Maine include Idemia/IdentoGO Print-n-Go sites (currently in Augusta, Waterville, Auburn, and Bangor) or USPS locations.
• FBI sends results electronically; forward the PDF to the hemp program.

The 10-year felony rule

A person with a state or federal felony conviction relating to a controlled substance may not grow hemp for 10 years from the date of the conviction. An exemption applies to a person lawfully producing hemp under section 7606 of the 2014 Farm Bill before December 20, 2018, whose conviction also occurred before that date.

Who is a key participant

Under Title 7 M.R.S. §2231, a key participant is a person with a direct or indirect financial interest in an entity producing hemp — such as an owner or partner in a partnership — and includes corporate executives such as a chief executive officer, chief operating officer, and chief financial officer. It does not include other management positions such as farm, field, or shift managers.

USDA Farm Service Agency (FSA) Reporting

In addition to the DACF planting report, USDA requires all hemp production to be reported to the Farm Service Agency (FSA). DACF cannot transfer this information to FSA for you. You report your hemp crop to FSA when you complete planting, and you must add the FSA lot codes to the DACF planting report.

Per DACF's FSA reporting guidance, growers should:

1. Find their local FSA office, call ahead, set up an account, and explain that they are a hemp grower needing an appointment to report acreage.
2. Bring a copy of the final license agreement, landowner agreement, and any incorporation documents.
3. Provide the identity of the hemp producer (matching the license holder), an EIN (businesses) or Social Security number (individuals), and the street address or geospatial coordinates for each field or facility.
4. Report the amount planted on Form FSA-578 Report of Acreage, by hemp lot, identifying on the FSA maps the location and acreage of each lot.
5. Include the Maine Hemp License Number for the current season, formatted with the Maine prefix "23_" (for example, license "1550" is presented as "23_1550" to USDA and FSA), the lot planting date, the variety planted, and the intended use.

Keep a copy of Form FSA-578 as part of your records for at least 3 years. The FSA visit can take up to an hour, and plan ahead because the process is new for many Maine FSA offices. DACF will not sample and test your hemp lots without the FSA lot codes.

Seed, Seedlings, and Clones

Maine does not certify hemp seed and publishes no list of approved or prohibited hemp strains, varieties, or cultivars. For hemp to be hemp, its total THC concentration must not exceed 0.3% on a dry-weight basis. Genetics play the main role, but environment (plant maturity, temperature, water, soil fertility, and stressors) can influence THC expression.

Under Title 7 M.R.S. §2231, a grower licensee may plant only hemp grown from:

• seeds saved by the grower licensee (after independent third-party testing confirms the resulting plants meet the hemp definition),
• a certified seed source,
• a clone produced from seeds acquired from a certified seed source, or
• tissue cultures removed from live plants grown from certified-source seeds.

A grower may also acquire hemp seeds directly from a certified seed source or from a hemp seed distributor licensed in Maine. When you buy seed, seedlings, or clones, you must retain documentation that at minimum includes third-party THC test results for the variety (often a Certificate of Analysis), the test date, and the seed supplier and origin. This documentation is submitted with the planting report due within 14 days after planting. For a consumer-facing look at seed and clone sourcing, see the buy cannabis seeds in Maine resource.

Sampling, Testing, and Crop Destruction

DACF randomly samples plants in each hemp lot and tests for THC content. The licensee allows inspection and sampling of the crop at any time the department deems necessary, and provides unrestricted access to all hemp plants in licensed growing areas. If a crop has not been inspected and sampled within 30 days prior to the anticipated harvest date, the licensee must notify DACF of intent to harvest.

Hemp cannot exceed 0.3% total THC on a dry-weight basis. Crops testing above the limit must be destroyed in a manner approved by the department if remediation is not feasible. The licensee is responsible for paying all costs associated with crop destruction. DACF's FY2024 annual report notes a grower who reported a lab error nearly destroyed a crop, underscoring why growers monitor THC early and keep their own records.

Consumer Rules: Intoxicating & Potentially Intoxicating Hemp

Maine's June 2025 emergency law, PL 2025, c. 416 (LD 1920), added a "potentially intoxicating hemp product" category and set consumer-facing rules. The emergency measure took effect June 24, 2025, and also amended liquor-code provisions (Title 28-A) for registration and distribution of these products.

What is a potentially intoxicating hemp product?

Under Title 7 M.R.S. §2231, subsection 1-A, paragraph H, a potentially intoxicating hemp product means any product derived from hemp and ingestible consumer products that, in their final forms, do not contain both (1) a concentration of less than 0.3% potentially intoxicating cannabinoids and (2) a ratio of more than 10:1 of nonintoxicating cannabinoids to potentially intoxicating cannabinoids. In practical terms, a finished product that has 0.3% or more potentially intoxicating cannabinoids, or a low ratio of nonintoxicating to intoxicating cannabinoids, falls in this category.

The statute's definitions distinguish nonintoxicating cannabinoids (including CBD, CBG, CBC, CBN, and others) from potentially intoxicating cannabinoids (including delta-8, delta-9, delta-10, and delta-7 THC and their isomers, hydrogenated forms like HHC, and certain analogs).

The two consumer rules that matter

• Age 21 restriction. A potentially intoxicating hemp product may not be sold to anyone who has not attained 21 years of age.
• Packaging. A potentially intoxicating hemp product that is not a beverage, salve, or topical product must be packaged in child-resistant and tamper-evident packaging. Hemp labeling may not violate federal trademark law or cause reasonable consumer confusion.

This law does not move intoxicating hemp under the adult-use cannabis program. Instead, it creates a distinct hemp category with age and packaging rules, plus liquor-code (Title 28-A) registration provisions.

Consumer Guidelines: Buying Hemp in Maine

For consumers buying hemp products in Maine, the practical rules and shopping guidance are:

Know the THC standard

Hemp-derived products should be ≤0.3% total THC on a dry-weight basis. Ask to see the Certificate of Analysis (COA) — the third-party lab report — to verify the THC content and check for a COA dated and attributable to an independent lab.

Understand the intoxicating-hemp age gate

Potentially intoxicating hemp products (hemp products with 0.3%+ potentially intoxicating cannabinoids or a low nonintoxicating-to-intoxicating ratio) cannot be sold to anyone under 21. If a product is THC-heavy, expect an adult-only sale.

Check packaging

Solid potentially intoxicating hemp products (food, ingestibles — anything not a beverage, salve, or topical) must be in child-resistant, tamper-evident packaging. Beverages, salves, and topicals have their own rules, and labeling cannot confuse consumers or violate trademark law.

Hemp is not cannabis

Hemp is not tracked as medical or adult-use cannabis in Maine, and DACF does not license processors, so hemp product oversight differs from OCP-regulated cannabis. Hemp-derived food, additives, and CBD products are subject to their own food-safety licensing requirements under Title 7 §2901-C and related titles, separate from the grower license.

Where to start

For shopping guidance and label literacy more broadly, start with the consumer guide to cannabis in Maine and the COA reading guide.

Guidelines for Growers & Industry

Maine's hemp program has matured but remains small. Here is what the licensing and compliance picture looks like for growers and processors.

The market context (from DACF's FY2024 annual report)

DACF's FY2024 annual report (submitted December 2025, the ninth year of the program) recorded 12 final license agreements for the 2024 season: 11 outdoor licenses applied for about 31.2 acres but only about 5.75 acres were planted, and one indoor licensee licensed 100 square feet but never planted a crop. The report characterizes the market as relatively flat, with the most successful business model being vertically integrated, smaller floral hemp growers making cannabinoid products for niche markets. Hemp fiber and grain markets have not materialized in Maine for lack of processing infrastructure — Maine has had only a single grain grower in recent seasons. The program publishes a current list of licensed growers, updated August 3, 2026.

Grower checklist

• License first. Commercial hemp growing requires a one-year DACF grower license tied to specific sites. Apply at least 30 days before planting.
• Complete background checks for the grower and key participants before applying; budget the $18 FBI fee plus fingerprinting, and keep the report within 60 days.
• Know the fee structure before you apply, and note the acreage/square footage cannot be increased after the license is finalized.
• Register grow sites with your local USDA-FSA office and file Form FSA-578; add the "23_" license prefix and lot codes to the DACF planting report.
• Use certified-source genetics and keep third-party THC test documentation for everything you plant.
• Stay within 0.3% total THC. Destroy over-limit crop if remediation is not feasible; you pay the cost.
• Meet reporting deadlines: planting report within 14 days, FSA-578 at planting, 30-day pre-harvest notice if unsampled, post-harvest report.
• DACF does not regulate processing. If your business is extraction or manufacturing, confirm your licensing path separately — DACF keeps no processor list, and hemp-derived food/products have separate food-safety licensing requirements.
• Watch the federal definition change. The FY2026 federal redefinition of hemp could affect full-spectrum products and is scheduled to take effect around November 2026 unless contested legislation changes course.

Where Hemp Law Stands Now: Status Table

The different legal states around Maine hemp should not be collapsed into one "current law" bucket. This table separates what is operative, what was enacted and is operative, what failed, and what is federal-pending.

What Is NOT Law: The Withdrawn LD 1983

A common point of confusion is whether Maine folded intoxicating hemp into its adult-use cannabis program. It did not. The governor's bill LD 1983, "An Act to Protect Minors from Intoxicating Hemp-derived Products by Regulating Those Products Under the Adult Use Cannabis Laws," was withdrawn (Leave to Withdraw) on January 13, 2026 and placed in the legislative files as dead.

Current Maine law instead regulates potentially intoxicating hemp products under Title 7 M.R.S. §2231 and related liquor-code provisions. Because LD 1983 is dead, do not rely on it as pending law. A separate stakeholder group convened by DACF at the Legislature's request recommended age-gating all hemp products (other than fiber and grain) to 21+, but that is a recommendation, not enacted law.

Federal Watch: Total-THC Definition Change

At the federal level, hemp policy is in flux. The federal FY2026 Agriculture appropriations law signed in November 2025 significantly reworks the federal definition of hemp and hemp-derived cannabinoid products toward a total-THC standard, with an effective date around November 2026. DACF's FY2024 annual report observes this new definition will effectively ban intoxicating hemp in consumer products and may also criminalize full-spectrum hemp oil products (tinctures, topicals) that are the core market for many Maine growers.

The change is contested by pending federal bills (including H.R. 7024 and H.R. 7010) and Senate delay efforts. This is a federal watch item, not current Maine law. Maine's operative definition remains the 0.3% total-THC dry-weight standard in Title 7 M.R.S. §2231 as implemented by DACF. Recheck federal status before relying on any national hemp definition.

Official Contacts and Resources

• DACF Hemp Licensing: maine.gov/dacf/php/hemp — program page, applications, fee schedule, grower list.
• Hemp Program contact: Hemp Program, 28 State House Station, Augusta, ME 04333; State Horticulturist/Program contact Gary Fish, (207) 287-7545.
• Applications: Application instructions, outdoor application, indoor application.
• Criminal history guidance: DACF hemp criminal history guidance (PDF).
• FSA reporting: DACF FSA reporting guidance (PDF).
• Statute: Title 7 M.R.S. §2231.
• Rules: Chapter 274 Rules for Growing Hemp (Word).
• USDA: USDA plan review, USDA final hemp rule.
• Annual report: Maine State Hemp Program Annual Report FY2024 (submitted December 2025).
• Protocol and official sites: See the Maine cannabis official resources page for the broader regulatory contact set.

Key Citations

• Title 7 M.R.S. §2231 (Chapter 406-A, Hemp) — Maine hemp statute, including definitions, fees, background checks, and the PL 2025 c. 416 provisions
• DACF Hemp Licensing — program page, license process, and fee schedule (updated Aug 3, 2026)
• DACF Criminal History Guidance (Jan 2025) — FBI background check process
• DACF FSA Reporting Guidance — Form FSA-578 and license "23_" format
• LD 1920 (PL 2025, c. 416) — emergency intoxicating-hemp law, effective June 24, 2025
• LD 1983 — withdrawn intoxicating-hemp bill (dead Jan 13, 2026)
• Maine State Hemp Program Annual Report FY2024 — program scale and market context
• Maine Hemp Program Plan (USDA-approved)
• USDA Final Hemp Rule