The Maine Department of Agriculture, Conservation and Forestry adopted rules that establish the requirements for becoming licensed to grow industrial hemp (Chapter 274: Rules for Growing Industrial Hemp (PDF)). The rules became effective on April 4, 2016 and outline the application and licensing process, the fees involved and the procedures for monitoring the growth of industrial hemp.
Please Note: The final rule includes an extension of the application deadline to July 1 for 2016 only. The Department is currently accepting license applications (PDF).
Also Note: The Department is in the process of moving and our offices will be closed April 15 and re-open at our new location in the Marquardt Building in Augusta on April 19. Our mailing address will remain the same: 28 State House Station, Augusta, ME 04333
Should you have questions, you may contact Gary Fish at 207-287-7545 or email gary.fish@maine.gov .
Industrial hemp license applications and the information below are available on the [www.maine.gov/dacf/php/hemp]Industrial Hemp Website
Industrial Hemp Licensing Facts
What is the process for becoming licensed to grow industrial hemp in Maine?
- Apply for a license
- Departmental review and approval of application
- Sign licensing agreement
- Testing of crop prior to harvest
How do I apply for a license to grow industrial hemp?
Complete the license application and submit the $100.00 application fee.
Cover letter and application to grow industrial hemp (PDF)
Explanation of fees
Maine law requires that the Department cover the costs of operating the industrial hemp program by charging an application fee, license fee and a per acre fee. These fees are as follows:
Complete the license application and submit the $100.00 application fee.
Cover letter and application to grow industrial hemp (PDF)
Explanation of fees
Maine law requires that the Department cover the costs of operating the industrial hemp program by charging an application fee, license fee and a per acre fee. These fees are as follows:
- $100 application fee – this fee must be submitted with the application.
- $500 license fee – this fee is due after approval of the application and must be submitted with the signed licensing agreement.
- $50/acre fee – this fee is due after approval of the application and must be submitted with the signed licensing agreement.
Fees collected will cover Departmental costs including, but not limited to:
- Inspector travel costs including time to and from the growing area to take crop samples for THC content analysis;
- Costs of transporting crop samples to a lab for THC content analysis;
- Laboratory fees for testing crop samples;
- Costs of equipment and supplies used in sampling;
- Departmental time reviewing applications, preparing licensing agreements and issuing licenses;
- Other administrative costs.
Please note that the fees charged will only cover THC testing for one composite sample taken to represent the entire licensed crop. Licensees that wish to have individual growing areas or varieties tested separately will be responsible for paying any additional laboratory costs.
DEA permitting and obtaining seed
Availability of hemp seed is a major challenge to potential growers of industrial hemp. While Maine law may allow for the planting of industrial hemp, federal law does not differentiate between industrial hemp and marijuana making industrial hemp subject to the Controlled Substances Act of 1970 (CSA, 21 U.S.C. §801) and therefore hemp seed can only be legally imported by obtaining a Drug Enforcement Administration (DEA) registration and import permit.
DEA permitting and obtaining seed
Availability of hemp seed is a major challenge to potential growers of industrial hemp. While Maine law may allow for the planting of industrial hemp, federal law does not differentiate between industrial hemp and marijuana making industrial hemp subject to the Controlled Substances Act of 1970 (CSA, 21 U.S.C. §801) and therefore hemp seed can only be legally imported by obtaining a Drug Enforcement Administration (DEA) registration and import permit.
Section 7606 of the 2014 Farm Bill, provided a mechanism for DEA to issue permits to state departments of agriculture and institutions of higher learning, provided the imported industrial hemp seed is for research purposes. Maine’s industrial hemp law, as written, allows for planting of industrial hemp for any purpose, including both research and commercial purposes.
At this time, The Maine Department of Agriculture, Conservation and Forestry does not intend to apply for a DEA permit. Currently, the Department is not planning any research projects involving industrial hemp, nor do we have the capacity to do this research. We are not aware of any institutions of higher learning in the state intending to conduct such research, and if they were planning hemp research they could apply for their own DEA permit. Unfortunately, Section 7606 of the Farm Bill does not provide for the DEA to issue permits to individual farmers to import hemp seed or to the Department to import hemp seed to be distributed and grown for commercial purposes.
What is a Certified Seed Source?
Maine law requires that industrial hemp be planted using a certified seed source. The industrial hemp rule (Chapter 274) defines a certified seed source as one that is certified according to AOSCA (Association of Seed Certifying Agencies) or other approved standards and comes from plants that were tested during the active growing season and found to produce industrial hemp with 0.3% THC content or less.
What is a Certified Seed Source?
Maine law requires that industrial hemp be planted using a certified seed source. The industrial hemp rule (Chapter 274) defines a certified seed source as one that is certified according to AOSCA (Association of Seed Certifying Agencies) or other approved standards and comes from plants that were tested during the active growing season and found to produce industrial hemp with 0.3% THC content or less.
The Department understands the very limited availability of industrial hemp seed and the certified seed source requirements are difficult or nearly impossible to meet. While the Department is required to verify and collect documents which indicate the industrial hemp seed planted comes from a certified seed source, at least for 2016 we can be somewhat flexible on the form this certification may take. Acceptable forms of certification could include a letter, form or other written verification or combination of these documents that at a minimum includes:
- Third party (someone other than the applicant and the grower of the seed) THC content testing results for the industrial hemp. The third party should be identified on the testing results;
- THC content test results must be for the variety or varieties included on the application and preferably for the specific lot of seed to be planted;
- Results of THC content testing and the date tests were conducted;
- The name of the seed supplier and origin of the seed.
As industrial hemp seed certified by AOSCA, or other official seed certification programs becomes more available, the Department will review and revise our policies and issue stricter guidelines for acceptable documentation of seed certification.
Sampling and Testing
The licensee will allow the inspection and sampling of the industrial hemp crop at any and all times that the Department deems necessary. The licensee will be notified prior to inspection and sampling. During the inspection and sampling the licensee or authorized representative will allow complete and unrestricted access to all industrial hemp plants within the licensed growing area(s).
If the industrial hemp crop has not been inspected and sampled 15 days prior to the anticipated harvest date, the licensee will notify the Department of intent to harvest.
All industrial hemp plants from all varieties and licensed growing areas will be tested for THC content as one composite sample. Licensees that request to have growing areas or varieties tested separately are responsible for paying laboratory analysis costs for any additional testing.
Crops testing above the allowable THC limit (0.3% THC on a dry weight basis) will be destroyed in a manner approved by the Department. The licensee is responsible for paying all costs associated with crop destruction.
I have a medical marijuana license. Can I grow hemp?
Yes, but industrial hemp and medical marijuana plants cannot be co-mingled. The rule states: No industrial hemp plants shall be included in other licensed marijuana production programs. No growing area may contain Cannabis plants which the licensee knows or has reason to know are of a variety that will produce a plant that when tested will contain more than 0.3% THC on a dry weight basis.
What is a growing area?
A "Growing Area" is defined as the land (the current rules only allow growth of industrial hemp "outdoors") on which a licensee cultivates or plans to cultivate industrial hemp.
Sampling and Testing
The licensee will allow the inspection and sampling of the industrial hemp crop at any and all times that the Department deems necessary. The licensee will be notified prior to inspection and sampling. During the inspection and sampling the licensee or authorized representative will allow complete and unrestricted access to all industrial hemp plants within the licensed growing area(s).
If the industrial hemp crop has not been inspected and sampled 15 days prior to the anticipated harvest date, the licensee will notify the Department of intent to harvest.
All industrial hemp plants from all varieties and licensed growing areas will be tested for THC content as one composite sample. Licensees that request to have growing areas or varieties tested separately are responsible for paying laboratory analysis costs for any additional testing.
Crops testing above the allowable THC limit (0.3% THC on a dry weight basis) will be destroyed in a manner approved by the Department. The licensee is responsible for paying all costs associated with crop destruction.
I have a medical marijuana license. Can I grow hemp?
Yes, but industrial hemp and medical marijuana plants cannot be co-mingled. The rule states: No industrial hemp plants shall be included in other licensed marijuana production programs. No growing area may contain Cannabis plants which the licensee knows or has reason to know are of a variety that will produce a plant that when tested will contain more than 0.3% THC on a dry weight basis.
What is a growing area?
A "Growing Area" is defined as the land (the current rules only allow growth of industrial hemp "outdoors") on which a licensee cultivates or plans to cultivate industrial hemp.
A "Non-Contiguous Growing Area" is defined as a growing area on which a licensee grows or plans to grow industrial hemp that is separated from other growing areas by more than 50 miles.
Can I include multiple growing areas on one license?
Growing areas that are within 50 miles of each other can be included on one license application.
Growing areas that are within 50 miles of each other can be included on one license application.
When is a separate license required?
Growing areas that are "non-contiguous" must be included on a separate application. Each separate application requires submission of the full $100.00 application fee.
Growing areas that are "non-contiguous" must be included on a separate application. Each separate application requires submission of the full $100.00 application fee.
