Maine Legislature to Address Vaping Devices and THC

As readers may have seen, a list of the bills that the Maine Legislature may be discussing this winter has been released. I’m going to focus on the bills related to vaping for this post, since there are a lot of them. These bills are obviously a response to a string of vaping-related illnesses and deaths around the country in recent months, including several in Maine. It’s been reported that many of the victims were using vape pens, etc., loaded with THC rather than nicotine and, although it is not clear that contaminated THC rather than thickeners or other additives are causing these illnesses, the Maine Legislature has responded to these reports. These are some relevant bills offered by our legislators:

LR: 2763
Sponsor: Representative Cooper of Yarmouth
Title: An Act To Prohibit the Sale of Vaping Devices and Similar Electronic Smoking Devices 

LR: 2765
Sponsor: Senator Millett of Cumberland
Title: An Act To Enact Restrictions on Electronic Smoking Devices 

LR: 2837
Sponsor: Representative Hutchins of Penobscot
Title: An Act To Prohibit the Addition of Tetrahydrocannabinol and of Cannabidiol to Liquids Used in Vaping Devices 

LR: 2969
Sponsor: Senator Dow of Lincoln
Title: An Act To Ban Persons under 21 Years of Age from Purchasing, Possessing or Using Vaping Products 

LR: 2682
Sponsor: Representative Cooper of Yarmouth
Title: Resolve, Directing the Department of Health and Human Services To Study the Average Potency of Medical Marijuana and Illegal Marijuana, the Adverse Health Effects of Marijuana Use and the Adverse Physical Effect of Using Vaping Devices To Inhale Marijuana

NCUA Advises Credit Unions They Can Provide Financial Services to Hemp Businesses

Last week, the National Credit Union Administration (“NCUA”) released interim guidance advising federally insured credit unions that they may provide certain financial services to legally operating hemp businesses. The interim guidance was released in response to the passage of the 2018 Farm Bill in December 2018 that removed certain hemp-derived products, including cannabidiol, from the list of Schedule 1 drugs in the Controlled Substances Act. 

The NCUA advises credit unions that they need to “understand the complexities and risks involved” if they choose to serve hemp-related businesses, and reminds credit unions that they “must have a Bank Secrecy Act (BSA) and Anti-Money Laundering (AML) compliance program” that addresses the risks related to hemp-related businesses. While the guidance encourages credit unions to “consider whether they are able to safely and properly serve lawfully operating hemp-related businesses within their fields of membership,” it also reminds credit unions of the “long and successful history” many credit unions have had in “providing services to the agricultural sector.”

The NCUA will issue additional guidance after the U.S. Department of Agriculture publishes its final regulations and guidelines.