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Michigan is one of a handful of states that has full legal recreational marijuana. This includes cannabidiol (CBD) products, both those derived from marijuana and those derived from hemp. CBD is one of 113 identified cannabinoids. It is nonintoxicating, and the second most abundant cannabinoid in cannabis, after THC. It can also be found in industrial hemp.
No matter where you are in the country, it’s important to make sure that the products you are looking for are legal, since laws throughout the country change regularly. Is CBD legal in Michigan? This is what we’ve learned:
Is CBD Oil Legal in Michigan?
Yes, CBD oil, whether derived from cannabis or hemp, is legal in Michigan. However, there are a few restrictions regarding how it can be sold and labeled.
CBD product cannot be used as food or beverage additives in Michigan. So, CBD gummies, smoothies and elixirs are technically against the law. Additionally, CBD products in Michigan cannot be marketed as dietary supplements, nor can their labels make any health claims.
Marijuana-based CBD products can be purchased by any adult over the age of 21 if their THC content is over .3%. Cannabis-based CBD products are not regulated as marijuana if their content is below that. There is a limit of 2.5 ounces of cannabis in public and 10 ounces at home. Hemp-based CBD products can be purchased by people of any age and there are no quantity limits.
What are the current CBD laws in Michigan?
At the current time, both cannabis-based and hemp-based CBD are legal in the state of Michigan.
Michigan was one of the earlier states to recognize the potential therapeutic benefits of cannabis. The state passed the Michigan Compassionate Care Initiative in 2008 with 63% of voters approving the measure. The law allowed physicians to recommend cannabis ass a treatment for patients with certain qualifying conditions. While the law did not specify that dispensaries could operate in the state, many began offering medical marijuana. The state’s Supreme Court ruled that the law did not allow for dispensaries. However, a 2016 bill signed by Governor Rick Snyder allowed the operation and regulation of medical dispensaries.
Full recreational legalization wa put on the ballot in 2018 and passed with 56% percent of the vote. The Michigan Regulation and Taxation of Marihuana Act allows individuals age 21 and up to possess up to 2.5 ounces of cannabis in public. They can also have up to 10 ounces at home and cultivate up to 12 plants at a time.
2018 was also the year that the US Congress passed a new version of the Farm Bill that changed the status of hemp in the US. The bill reclassified hemp from a Schedule 1 narcotic to an agricultural commodity. It legalized hemp federally, but left regulation of hemp production and processing to the states.
Michigan had already passed a law in 2014 allowing industrial hemp to be grown for research purposes. HB 5439 allowed the program to proceed. Additionally, HB 5440 redefined marijuana to exclude industrial hemp.
The 2014 law was not the first time that Michigan visited the possibility of legal hemp cultivation in the state. In 2010, a number of bills were proposed to explore hemp’s potential as a commodity. HB 6480 would have established regulations and oversight for growing and processing hemp. HB 6479 would have created a committee to study the uses of industrial hemp. HR 314 was a resolution to memorialize Congress and the administration to recognize hemp as a valuable agricultural commodity. However, none of these bills were passed into law.
Michigan is still formulating rules that conform with the 2018 Farm Bill. In the meantime, growers and processors in the state can work under the rules of the 2014 Michigan Industrial Hemp Research and Development Act.
Under Michigan state law, anyone who wishes to grow, process, handle or market industrial hemp products must obtain a license from the Michigan Department of Agriculture & Rural Development (MDARD). Participants must also be involved with an Ag Pilot Program because Michigan’s hemp program has not yet been approved by the USDA.
Industrial hemp grown a part of Michigan’s hemp program must contain no more than .3% THC by dry weight. All hemp grown in the state must be tested for THC content. Any hemp that contains over the legal limit must be destroyed.
Under new guidance published on March 29, 2019, the Marijuana Regulatory Agency and the Michigan Department of Agriculture & Rural Development, the way cannabis-based CBD products are handled has changed. CBD products that contain less than .3% THC will no longer be regulated as marijuana even if they are produced from marijuana plants.
Edible marijuana products that contain CBD can be produced only using CBD obtained from regulated sources. at the current time, those sources include licensed marijuana growers in the state. The rules for industrial hemp growers to create edible products are still being developed. Federal law says that any products that will be added to food or drink must be approved by the US Food and Drug administration. Because the FDA has not approved CBD for use in food, or as a dietary supplement, these remain illegal in the state of Michigan.
Can I purchase CBD in Michigan?
Yes, you can purchase CBD in Michigan. CBD products are available at a range of outlets, including cannabis dispensaries, specialized CBD stores, head shops, health food stores and other retail locations.
Hemp-based CBD can also be purchased online and delivered to your home or business in Michigan. Many people choose to buy online in order to get better prices or a better selection.