Some Maine Municipalities, Including Southwest Harbor, Have Already Begun Restricting the Same Products Now Targeted in Washington.
Nov 17, 2025
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SOUTHWEST HARBOR—The federal spending bill just signed by President Trump and passed by the Senate could have major consequences for the hemp industry.
That’s because a provision in the bill bans multiple (tetrahydrocannabinol) THC-infused products. Those products include gummies, drinks, vapes, and topical pain relievers.
Southwest Harbor voters in November banned intoxicating THC-infused products in their town.
This federal move does a bit more.
The Senate Appropriations Committee summary reads that it “prevents the unregulated sale of intoxicating hemp-based or hemp-derived products, including Delta-8, from being sold online, in gas stations, and corner stores, while preserving non-intoxicating CBD and industrial hemp products.”
The 2018 Farm Bill (federal legislation) allowed for the legalization of hemp. That same law created a legal loophole, which allowed low doses of THC to be legally sold in multiple products. Now, if the recent spending bill passes, any product that has more than .4 milligrams of THC would be illegal. That would begin next year.
In late October, the National Association of Attorneys General sent a letter to leaders of congress. The letter was signed by 39 attorney generals and asked for a clarification of hemp. Maine’s attorney general was one of the signers.
“Intoxicating hemp-derived THC products have inundated communities throughout our states due to a grievously mistaken interpretation of the 2018 Farm Bill’s definition of ‘hemp’ that companies are leveraging to pursue profits at the expense of public safety and health,” the coalition wrote. “Many of these products—created by manufacturers by manipulating hemp to produce synthetic THC—are more intoxicating and psychoactive than marijuana a Schedule I controlled substance and are often marketed to minors. Unless Congress acts, this gross distortion of the 2018 Farm Bill’s hemp provision will continue to fuel the rapid growth of an under regulated industry that threatens public health and safety and undermines law enforcement nationwide.”
According to the coalition, “The psychoactive hemp industry artificially produces various forms of THC in addition to delta-9, like delta-8, delta-10, THC-O, THCP, and HHC, that are then infused at high concentrations into a multitude of products that can intoxicate a person as severely as the most potent strains of cannabis sold on the illicit market. In other words, industry actors have nefariously misinterpreted the Farm Bill’s legalization of low concentrations of hemp-derived delta-9 and the Bill’s silence regarding hemp-derived THC products other than delta-9 to claim that the Farm Bill allows them to produce and sell various synthetic cannabinoids regardless of the chemicals’ potency and psychoactive effects.
”In this way, legal, nonintoxicating hemp is used to make Frankenstein THC products that get adults high and harm and even kill children.
“These products are being sold nationwide without consistent age restrictions, labeling standards, or safety requirements and are frequently packaged as gummies, candies, and beverages designed to appeal to young children.”
Many hemp producers say that the change would devastate the industry.
The U.S. Hemp Roundtable states that this “threatens to eliminate America’s $28.4 billion hemp industry and jeopardizes more than 300,000 American jobs.”
The group estimates the move would wipe out 95% of the market, shut down small businesses and farms nationwide, and cost states $1.5 billion in tax revenue.
The organization decried the move and said it was being used as a pawn in the battle to reopen the government after a shutdown that lasted more than 40 days.
“Despite misleading claims this language protects non-intoxicating CBD products, the reality is that more than 90% of non-intoxicating hemp-derived products contain levels of THC that are greater than the proposed cap of .4 mg per container. As a result, seniors, veterans, and many other consumers who depend on hemp for their health and well-being would be violating federal law to purchase these products, disrupting their care and leaving them scrambling for potentially harmful alternatives,” the roundtable wrote.
The U.S. Senate tabled an amendment that would have taken the language from its bill. The states with the largest hemp businesses impacting their economies are Kentucky, Texas, and Utah. The amendment had been spearheaded by Senator Rand Paul of Kentucky.
When the 2018 Farm Bill was enacted, hemp was meant to be used for seed, textiles, and rope. With the loophole, THC was extracted from hemp. It is a psychoactive compound. It was then used in vapes, gummies, and drinks, allowing users to feel high.
The Journal of Cannabis Research reports that one gummy usually has somewhere between 2.5 to 10 milligrams of THC.
Maine LD 1920, an act prohibiting the sales of potentially intoxicating hemp products to persons under the age of 21, was passed by the state legislature this session.
However, there are no state regulations about the sale of the intoxicating products to those over 21. This prompted concern and discussion at League of Town (a regional group of Mount Desert Island regional administrators) meetings and some local boards throughout the summer after a presentation by Southwest Harbor Select Board member Natasha Johnson.
It was enacted by voters during the November 2025 election, 436 to 330.
Mount Desert has made moves toward a voluntary ban. Working with the Mount Desert Chamber of Commerce, the Mount Desert Selectboard approved a letter to send to restaurants and retailers asking the businesses to voluntarily stop selling products containing hemp-derived THC.
“We need to really start making a stand,” Mount Desert Selectboard Chair John Macauley said during the August 18 selectboard meeting.
The Chamber distributed the letter, which asks retailers and restaurants to cooperate voluntarily about the distribution of products containing hemp-derived tetrahydrocannabinol (THC).
LINKS TO LEARN MORE
National Association of Attorneys General Hemp Letter to Congress
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