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Maine Bans CBD Edibles Sales Outside Dispensaries

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The Maine Department of Health and Human Services has ordered that all orally-consumed products containing CBD must only be sold in dispensaries.

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The Maine Department of Health and Human Services (DHHS) is limiting the sale of edible CBD products in the state to medical cannabis dispensaries only, citing statements made by the FDA following the 2018 farm bill’s passage, The Press-Herald reports.

Health inspectors started informing businesses last week that they needed to remove all edible CBD products from their shelves — even the dog treats. Interestingly, products that are consumed by smoking and vaping or that are used topically are not affected by the ban.

The DHHS pointed to recent rulings by the FDA that say until regulations are created stipulating exactly how CBD products are to be sold, it is technically an unapproved food additive, despite hemp‘s newly legal status.

“We just had the carpet pulled out from under us. Hemp just got legalized nationally and now Maine wants to do a 180 and make it illegal here, when we’ve been doing it with their blessing for two years now? How did CBD suddenly get unsafe? This is ridiculous. This cannot stand. People need to know what the state is up to and demand the state keeps its hands off our CBDs.” — Dawson Julia, Owner of East Coast CBDs in Unity, via The Press-Herald

Advocates for CBD are gathering for the Rally for CBD and Hemp Farmer Rights on Tuesday inside of the Maine Statehouse at 9:00 am EST. They argue that the recent ruling is unnecessary and unfair to existing retail CBD businesses, who have been thrust into a state of “unforeseen distress,” according to the event description. The rally will also include “meet the press” and “product show and tell” opportunities for CBD entrepreneurs and enthusiasts to share their stories with lawmakers and the public.

The recent DHHS ruling doesn’t affect the state’s medical cannabis system — it only applies to regular stores selling products that are not regulated under the state-legal system. Those who need CBD tinctures and other edible products should either seek a medical cannabis card or make their CBD purchases online.

The FDA has indicated that rules are coming to allow for the interstate commerce of edible CBD products, though the timeline is uncertain even though hemp and its derivatives were legalized prior to Christmas.

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