Is CBD oil legal in Michigan?
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- What is CBD?
- Why is CBD sometimes illegal?
- Michigan CBD laws
- Where to buy CBD in Michigan
- How to read CBD labels and packaging
Hemp and CBD derived from hemp became formally legalized with the enactment of the Michigan Industrial Hemp Research and Development Act in January 2019.
Cannabis became legal for medical purposes in 2008 under the Michigan Compassionate Care Initiative. Michigan also legalized cannabis for adult use in November 2018 under The Michigan Regulation and Taxation of Marihuana Act. CBD derived from cannabis is legal for all Michigan residents, although it is subject to regulations.
The office of Michigan Licensing and Regulatory Affairs recently released guidelines for CBD products.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis and the second-most prominent in the plant after THC, which is mostly responsible for producing an intoxicating high. CBD can be sourced either from marijuana or hemp plants and has a wide range of potential therapeutic benefits.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
To date, researchers have identified a number of potential applications linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the chemical has shown promise in treating numerous health conditions, including seizure disorders, mood disorders such as depression, anxiety, and psychosis, chronic pain, and many more.
Most raw cannabis strains on the market today contain small amounts of CBD, especially compared with THC. But since the cannabinoid has gained considerable attention for its wide range of purported therapeutic benefits, more high-CBD strains have recently been cultivated.
Why is CBD sometimes illegal?
All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.
The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.
The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.
The FDA has declared that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of its stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.
In addition to the federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies.
Michigan CBD laws
CBD derived from hemp became formally legalized In January 2019 following the enactment of the Michigan Industrial Hemp Research and Development Act. The act defines industrial hemp as cannabis with less than 0.3% THC concentration by dry weight, in compliance with the federal definition, and legalizes hemp-derived CBD and CBD products.
To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps
This legislation also established a state licensing program through the Michigan Department of Agriculture and Rural Development (MDARD) for industrial hemp growers, processors, and handlers. However, Michigan’s proposed licensing program has yet to be approved by the USDA. In the meantime, those who wish to grow, process or handle hemp must participate in Michigan’s existing Industrial Hemp Ag-Pilot Program for the 2020 growing season to meet state and federal expectations.
While hemp-derived CBD is legal in the state of Michigan, CBD may not be used in food or beverages or marketed as a dietary supplement. These regulations are in line with FDA directives. The state, however, recently issued a resolution urging the USDA to clarify their stance on industrial hemp, recognize its value as an agricultural commodity, and remove barriers that hinder commercial hemp production.
CBD derived from cannabis is also legal in Michigan for all residents. Cannabis became legal for medical purposes in 2008 under the Michigan Compassionate Care Initiative. Michigan also legalized cannabis for individuals 21 or older in November 2018 under The Michigan Regulation and Taxation of Marihuana Act.
According to guidelines recently released by Michigan Licensing and Regulatory Affairs, CBD products produced from marijuana will not be regulated as marijuana if the THC content is below 0.3%. Products derived from industrial hemp with a THC concentration above 0.3% are classified as marijuana and regulated under the laws that apply to those products through the Michigan Department of Licensing and Regulatory Affairs.
Only facilities licensed by the Bureau of Marijuana Regulation (BMR) can commercially grow, process, and sell marijuana and marijuana products, such as cannabis-derived CBD. The commerce of recreational cannabis was enacted in December 2019.
Licensing requirements for CBD
Under Michigan’s Industrial Hemp Ag-Pilot Program, interested parties will be able to apply for either a grower license or a processor/handler license. Growers who also wish to sell industrial hemp will need to apply for a processor/handler license. Applicants cannot have any felony drug convictions in the past ten years.
All applications must also include the following:
- Maps for all locations where industrial hemp will be grown, handled, stored, processed, brokered, or marketed;
- A check or money order made payable to the State of Michigan for all applicable licensing and registration fees (The fee for growers is set at $100, while the fee for processor/handlers is $1350);
- A printed copy of a criminal background check processed through the Michigan State Police Internet Criminal History Access Tool (iCHAT).
Under current legislation, growers must submit samples of their industrial hemp harvest for testing. If the crop tests above 0.3% THC concentration, the grower may elect to test the crop an additional two times. If, after three tests, the harvest still shows THC levels in excess of 0.3% concentration, the crop will be confiscated and destroyed.
Submitting falsified samples for testing is considered a felony, which carries a penalty of between one and two years in prison and a $5000 fine.
Michigan CBD possession limits
There are no possession limits for CBD derived from hemp.
While there are no specified limits for CBD derived from cannabis, there are limits for cannabis possession. First-time offenders in possession of more than 2.5 ounces and up to 5 ounces may be charged with a civil infraction and fined up to $500. First-time offenders in possession of more than five ounces may be charged with a misdemeanor and fined up to $500.
Where to buy CBD in Michigan
Michigan consumers can purchase hemp-derived CBD products from CBD-specific stores and health shops. Cannabis-derived CBD can be found in licensed retailers. When purchasing from a storefront, particularly if the store specializes in CBD, you can receive guidance from an employee. Explain what you’re looking for, your reasons for consuming CBD, and they can point you in the right direction.
Michigan consumers can purchase hemp-derived CBD products from CBD-specific stores and health shops. Photo by: Gina Coleman/Weedmaps
Hemp-derived CBD can also be purchased online, usually through specific brands’ websites. You can also find verified CBD brands on Weedmaps. Reputable brands will generally provide you with essential product details, including the form of the CBD (such as oil, capsules, topicals, tinctures, etc.), the quantity of CBD the product contains, the other chemicals or ingredients present in the product, and more.
How to read CBD labels and packaging
The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.
Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. A CBD product should clearly state what kind of CBD is used.
Full-spectrum CBD oil means the extract contains cannabis-derived terpenes and trace amounts of cannabinoids such as THC. Broad-spectrum also includes other cannabis compounds but has had THC removed during the processing phase. CBD isolate is a pure crystalline powder containing only CBD.
Most reputable CBD producers typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full-spectrum, broad-spectrum, or isolate.
- Batch or date code.
Is CBD oil legal in Michigan? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Michigan CBD laws Where to
CBD Oil In Michigan: The Complete Buyers Guide
Residents of Michigan haven’t had the smoothest ride when it comes to marijuana. Prior to the passing of Proposal 1 in November 2018 (which legalized the recreational use of cannabis in the state ), some pretty strict laws were in place as compared to most other places in America. Furthermore, Michigan has had a complicated history of cannabis legislation. Unfortunately, this has left many residents unsure of what is – and isn’t – legal.
That said, the state has come a long way regarding the legalities around the herb for medicinal purposes. This is no doubt great news for thousands of suffering individuals.
If you are a resident of Michigan looking for the most up-to-date information around CBD and how to obtain it, then you have come to the right place! In this article, we discuss what CBD (cannabidiol) is, how it works, and where to get it if you’re a resident of the Great Lake State.
CBD: The Non-Psychoactive Cannabinoid
It is understood that there are well over a hundred different compounds in the marijuana plant. It is also understood that CBD is the non-psychoactive relative of THC, and is one of the most useful cannabinoids in terms of pain relief and other forms of medicinal therapy.
Unlike other studied cannabinoids, CBD will not produce a “high” in the user. This makes it appealing to most patients. This is also why CBD has become sought after as a treatment for so many enervating conditions. CBD has proven to contribute many benefits to the human body, such as:
- Muscle relaxant
- Relieves anxiety
- Relieves pain
And these are just a few of the well-known properties of CBD that research publications document. Thanks to CBD, thousands of patients have been taking control of their conditions in a more natural manner.
Moreover, there has been a great deal of money put into CBD research in recent years. With such a huge stigma still surrounding the marijuana plant, though, it is paramount to have sound evidence that not all compounds produced by the plant cause the same results. This rings especially true since most people associate cannabis with the well-known THC high.
What does this all mean?
Because of this research, there have been groundbreaking findings made over recent years in terms of CBD’s effects. Some of these publications have documented positive results on the symptoms of:
- Chronic Pain
- Irritable Bowel Diseases (IBD/IBS/Crohn’s Disease)
And this is just a sample of conditions – there are many more documented conditions and clinical studies where CBD has been used as a viable therapeutic option. The scale and variety of diseases just goes to highlight how versatile of a treatment CBD is – all while being 100% natural and with virtually no side effects !
How Does Medical CBD Work?
While THC interacts with our CB1 receptors (which are predominantly located in the brain) to produce a mind-altering high, CBD interacts with our body’s endocannabinoid system or ECS. The ECS oversees the regulation of our vital signs to keep everything in a state of balance and homeostasis.
Our ECS has shown to play a major role in almost every aspect of our being, from the way we feel pain to our appetite, emotional thoughts, and feelings. It is no wonder then that CBD has shown such a wide scope of potential therapeutic ability when it comes to our health.
CBD Oil In Michigan: What You Need to Know
Okay, so you are looking to get your hands on some CBD oil but don’t know where to start. If you are a resident living in Michigan, you’re probably aware that the only way to get your hands on high-quality medicinal marijuana is to obtain an MMJ recommendation from a doctor. Even with the passing of Proposal 1 (which legalizes the sale and use of recreational marijuana for adult residents), cannabis won’t be available for purchase until next year at the earliest.
In fact, Michigan has some of the harshest laws in the country regaring the illegal use and possession of anything cannabis-related. Basically, unless you qualify for Michigan’s Marijuana program and can purchase cannabis CBD oil derived from marijuana, you will have to resort to buying CBD oil derived from hemp, which – according to many of the companies that sell it – is legal in all 50 states due to its low levels of THC. (Check below for a list of quality CBD Hemp companies that currently ship to Michigan).
A quick note from Dr. Ted Valley on general CBD legality:
“It is important to keep in mind that if you are found to be in possession of CBD oil – even if it is legal in the state – there is the possibility that an officer of the law may detain/arrest you or confiscate what you have on your person. This can be due to the ambiguous nature of the law and the confusion that surrounds what is and is not legal. The likelihood is low that such a thing will happen, but it is important to be aware of ALL risk associated with any activity. We will go into greater detail on this matter a little later in the article.”
If you feel that you may qualify for the medical marijuana program in Michigan, however, then you can check out this article which provides an in-depth guide for the step-by-step process of obtaining your MMJ card.
Despite Michigan being one of the first U.S. stats to implement a medical marijuana program (the initial legislation was passed way back in 2008), the old laws actually made dispensaries illegal – it’s only been within the past year that retail operations have been able to apply for a valid dispensing license.
Moreover, in 2014, Barack Obama signed off on the Farm Bill, which encouraged the cultivation and research of industrial hemp across the nation. Since then, the state has legalized programs dedicated to the research of industrial hemp , which of course is exciting news for those interested in the effects of CBD oil.
Before you go off to your local health food store or smoke shop to pick up a bottle of “legal” hemp-derived CBD oil, though, you’ll want to hear some of the recent comments that have been made by public officials on CBD laws in Michigan.
CBD Laws in Michigan – What’s Legal [And What’s Not]?
On May 11, 2018, Michigan’s Department of Licensing and Regulatory Affairs (LARA) actually published an Advisory Bulletin that adopted a pretty hard-hitting stance on all forms of CBD oil sold in the state.
Basically, the Bulletin declared that LARA would be treating CBD oil (including “legal” products extracted from low-THC hemp) as any other form of cannabis, and as such, the sale, use and possession of the compound would be subject to the same criminal penalties as any other form of marijuana.
On the outside, this is pretty brutal news for all of those interested in the safe, healing effects of CBD. One Michigan law firm even recommended all business to immediately remove all CBD products from their shelves, at least until voting on the new recreational cannabis bill passes in November.
Upon further investigation, the statements made by LARA regarding CBD laws in Michigan actually don’t appear to carry that much weight. In fact, one law office published an in-depth essay interpreting the statements, which were made by LARA’s Director of Bureau of Medical Marijuana Regulation, Andrew Brisbo.
The essay speculates the main reason for LARA’s hardline stance on CBD oil was essentially to “throw a bone” to dispensary operations in the state. Since the use and popularity of legal hemp-based CBD products has skyrocketed in recent years, many patients are choosing to avoid getting their medical marijuana license, and instead are purchasing from online sellers or in-state retailers.
What was the incentive here?
The incentive of the Advisory Bulletin, according to the law firm, was to encourage more individuals to apply for their MMJ card and buy from licensed dispensaries, which MMFLA licensees tax. And it makes sense – more application fees and more tax from licensed dispensaries means more money for the state.
Moreover, the law firm pointed out the fact that LARA doesn’t have the enforcing power to implement such a hardcore stance on CBD laws. They would require the help of local law enforcement, which to date has not shown “any interest in going after CBD sellers or buyers.”
And even if a CBD retailer was detained for the sale or possession of CBD oil in Michigan, LARA would have to prove that the products were “illegally derived” in each case, which would be all but impossible. (They would have to prove the oil came from the stalk or seeds of the plant rather than the flower).
So what do these super-confusing CBD laws in Michigan mean for you, the potential buyer?
All things considered…
Considering all things, an individual buyer would be unlikely to receive any kind of penalty or persecution from the state. Even if LARA came up with a way to enforce their newfound hardline stance, they would go after retail sellers and suppliers instead of people who bought a bottle or two of CBD oil.
And in fact, dozens of high-quality hemp CBD oil sellers are currently shipping to Michigan residents every day, and have no intention of stopping any time soon. While we’re not saying that it is legal to buy, use or possess CBD oil in Michigan, it’s quite obvious that many people do it every day — and we’ve yet to hear of any individual repercussions.
[Wondering how and where to buy CBD oil in Michigan? Check out this review for a list of current manufacturers who ship to the state].
Final Thoughts on CBD Oil in Michigan
Thirty-three states (along with the District of Columbia) now legalize marijuana in some form or another. Of course, this is incredible when you stop and think about it.
While Michigan is not the most lenient state in terms of the use of CBD oil, things are improving. Furthermore, Proposal 1 has passed and marijuana is now legal on a recreational level. Hopefully soon, these confusing departmental laws will vanish entirely.
As it stands, we recommend anyone living in Michigan to check out the details of the medical marijuana program. This is important before beginning any journey with CBD oil, medical cannabis, etc.
If you are a resident of Michigan looking for the most up to date information around CBD and how to obtain it, then you have come to the right place!