01-001-274 Me. Code R. § III

Current through 2024-44, October 30, 2024

Section 001-274-III - Issuance of License Agreement and Grower License

A. Upon approval of an application, the applicant for a grower license must pay the license fee. License fees are determined by the hemp crop to be grown. License fees must be paid prior to license issuance. All license fees are non-refundable for any reason.

1. A $100.00 license fee with no additional per acre or square foot fee is required for growing hemp indoors or outdoors exclusively for production of:

a. seedlings for planting,

b. immature leafy greens, or

c. microgreens.

2. A $100.00 license fee with no additional per acre or square foot fee is required for growing hemp exclusively for:

a. research purposes in cooperation with a recognized educational institution where no plant parts or derivatives will be used for commercial purposes or the entire crop will be destroyed.

3. A $250.00 license fee with no additional per acre or square foot fee is required for growing hemp indoors or outdoors exclusively for the production of:

a. seed for food oil or grain;

b. fiber;

c. immature plants for human or animal food or feed;

d. breeding of new cultivars indoors on less than 100 square feet; or

e. soil remediation where no plant parts or derivatives will be used for commercial purposes or the entire crop will be destroyed.

4. A $500 plus $50.00/acre fee is required for growing hemp for production of floral material, viable seed or any other commercial purpose not listed in Section III(A)(1) or (3) to be planted outdoors and $500.00 plus $0.25 per square foot of growing area for growing hemp for production of floral material, viable seed or any other commercial purpose not listed in Section III(A)(1) or (3) to be planted indoors, as reported on the application. Indoor facilities that will plant hemp on multiple levels within a structure shall calculate the square feet of growing area by adding the surface area of each tier together. The maximum license fee for an individual license agreement shall be $20,000. Partial acreage or square footage should be rounded up to the next whole acre or square foot.

5. All grower license fees include THC lab analysis for one hemp lot. An additional fee of $60.00 per additional lot must be submitted with the grower planting report.

B. Grower licenses are only for the site or sites listed in the license agreement. Non-contiguous growing areas as defined in this rule require a separate license.

C. Each applicant must sign a license agreement. The failure of the licensee to comply with any term or condition of the licensing agreement shall be grounds for license revocation. By signing the license agreement, the grower licensee agrees to the following terms and conditions:

1. Within 14 days after planting hemp seeds, seedlings or clones, the grower licensee shall:

a. submit a planting report;

b. submit any required sampling fees for additional lots; and

c. provide the street address and geospatial location for each lot or greenhouse where hemp will be produced including all grow locations to the United States Department of Agriculture, Farm Service Agency;

2. The grower licensee must allow the inspection and sampling of the hemp crop at any and all times that the Department deems appropriate;

3. All records relating to production, planting, cultivation, and harvest of the hemp crop must be kept for a period of 3 years. The records must be made available to the Department upon request;

4. The Department may require reporting of any information or data associated with the planting, cultivation, and harvest of the hemp crop. The Department may also require reporting of the types of commodities or products derived from the harvested hemp and manufactured or sold within or outside the state. The grower licensee must submit all required reports by the due dates specified by the Department; and

5. Grower licensees must comply with any other terms and conditions the Department determines necessary for enforcing the hemp law and these rules.

D. All grower licenses shall expire on April 30 of the year following the growing season. Licensees must re-apply to participate in the program each year. All outdoor grown hemp plant material must be planted and harvested within the licensing period. Indoor grown hemp must be planted within the license period, and harvesting can take place in a concurrent license period after license renewal that occurs within 30 days of the previous license expiration.

E. No hemp plants shall be included in other licensed cannabis production programs. No growing area may contain Cannabis sativa L. 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% total THC on a dry weight basis or as otherwise defined in federal law.

F. Amendments to an existing grower license are limited to reduction in the number of acres or square footage planted within the original growing area and changes to contact information.

1. Any grower licensee who wishes to reduce the growing area for hemp cultivation must submit to the Department, within 10 days of planting, an updated detailed description of the growing area including global positioning system location and map or a new floor plan for an indoor facility for each lot.

2. Additions to the original growing area must be done through a new grower license application and new license agreement.

3. Annual grower license fees are calculated based on the acreage reported in the application. No reimbursements of license fees shall result from a reduction in the actual number of acres or square footage of hemp planted during any licensing year.

4. Any changes related to the information required under Section II(C) of this rule must be reported to the Department within 10 days of the change.

5. Grower licenses are non-transferrable.

01-001 C.M.R. ch. 274, § III