Categories
BLOG

is cbd legal in michigan

Is CBD oil legal in Michigan?

Copy article link to clipboard.

Link copied to clipboard.

Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Michigan CBD laws
  4. Where to buy CBD in Michigan
  5. 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

Image lightbox

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

Image lightbox

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

Image lightbox

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

Is CBD Legal in Michigan? What the State’s Laws Say.

Posted on December 23rd, 2020

Are you wondering if CBD is legal across the Great Lake State? If so, you have come to the right place. It’s crucial that you educate yourself on the laws and regulations concerning CBD products. You don’t want to fall victim to shady companies that sell the product. CBD from marijuana and hemp is legal in Michigan. But the current FDA regulations prohibit CBD products from being marketed as a dietary supplement or used as an additive in food and beverage products. This article fully and definitively answers the question – Is CBD legal in Michigan?

Overview: Is CBD Legal In Michigan?

CBD products derived from industrial hemp became legally available across Michigan with the passing of the Michigan Industrial Hemp Research and Development Act in 2019. On the other hand, the Michigan Compassionate Care Initiative passed in 2008 making marijuana legal for medical purposes. The state also legalized marijuana for recreational use in November 2018 under The Michigan Regulation and Taxation of Marijuana Act. Even though CBD from marijuana is legal in the state for all residents, it’s subjected to certain regulations. The Office of Michigan Licensing and Regulatory Affairs has released guidelines for possessing and using CBD products in Michigan. The state does not treat CBD like marijuana if its THC content is lower than 0.3%.

What Is CBD?

CBD or cannabidiol is the second-most prevalent cannabinoid in Cannabis Sativa after THC. There are hundreds of cannabinoids in the cannabis plant and CBD and THC are the most abundant. THC contains psychoactive properties and is associated with the euphoric feeling one has when consuming marijuana. CBD doesn’t cause the same intoxication and has numerous potential health benefits. Many people use it as a medicinal supplement across the United States.

CBD can come from marijuana and industrial hemp – two popular varieties of the cannabis plant. CBD from marijuana contains more than 0.3% THC and is illegal in most states. Michigan allows its residents to use this type of CBD for medical purposes under its medical marijuana program. Since marijuana is fully legal in Michigan, CBD with more than 0.3% THC is also legal. CBD containing less than 0.3% THC is legal across the state and freely available in local and online shops.

Researchers have already demonstrated a number of potential applications linked to CBD— analgesic, anti-inflammatory, anti-seizure, and anti-anxiety properties. That’s why people use CBD for help with a wide variety of health conditions such as mood disorders, seizure disorders, anxiety, depression, chronic pain, psychosis, and more.

How And Where To Buy CBD In Michigan

You won’t have any problem tracking down your favorite CBD products in Michigan. Michigan has its own share of CBD stores both local and online. Now that marijuana is also legal in the state, CBD products are popping up in more stores. Make sure you are educated about the CBD rules and regulations in Michigan when shopping for your favorite product. If not, unscrupulous retailers may try to take advantage of your ignorance and sell illegal products to you. You may fall into trouble with law enforcement by purchasing the wrong product or not having a valid license to purchase a specific product. Here are some factors to consider when shopping for high-quality CBD products in Michigan:

THC Content

CBD extracted from industrial hemp is freely available across the state and doesn’t require a license to purchase. Make sure the product has less than 0.3% THC. Check the test results of the specific product before you invest in it. Reliable retailers will display the test results on the packaging of the product. All suppliers should use independent labs in Michigan to test their products for the percentages of THC and other compounds. The FDA has found instances where some products claiming to contain CBD have nearly 0% CBD. You will get scammed into buying such products if you don’t do proper research before shopping for the best CBD product.

Extraction Method

CO2 extraction is considered to be the cleanest method to extract CBD from cannabis. The method doesn’t require additional heat or solvents to extract CBD from the cannabis plant. Products using CO2 extraction are 99.99% pure and don’t contain any unwanted chemicals.

Price

Many people opt for cheap CBD products to save money. This isn’t the best way to buy quality CBD. In fact, CBD extraction is a complex and time-consuming process that costs some money. Be wary of a product that’s priced quite low compared to other CBD products on the market. There could be a problem in the way the manufacturer has extracted CBD. The product may not contain CBD at all. Hence, you should be doing your homework properly before shopping. Because the FDA does not officially regulate each CBD product, it’s easy for companies to scam consumers.

Online vs Local Retail

Buying your favorite CBD product online will save you time and money. Online shops have a good selection of products to choose from compared to a local retailer. In fact, a local retailer will store products that are currently in demand. You may not find your favorite brand with a local shop unless it is popular in the region. But an online retailer has a wider selection of products for you to choose from. The cannabis industry is young enough that quality products are not ubiquitous in every state. Companies like Tanasi, however, will ship their high quality products anywhere in the US.

Buying directly from the supplier also cuts out the middleman and lowers the cost. Maintaining a brick-and-mortar store is more expensive than maintaining an online store. The local store has to take care of rent, staff salaries, and other perks while an online store can pass the savings to the customer. Check online customer reviews and consider trying Tanasi hemp extracts.

Medical vs Recreational Marijuana

Becoming a medical marijuana patient in Michigan is quite easy. The first thing is to meet the basic criteria for the process. You should be a resident of Michigan 18 years or older, and possess a valid form of a license issued by Michigan. Personal identification card, voter registration card, or driver’s license will work. On the other hand, you should have an eligible medical condition to become a member of the program. Some of the qualifying medical conditions include Cancer, Glaucoma, Hepatitis C, HIV/AIDS, Amyotrophic Lateral Sclerosis, Crohn’s Disease, PTSD, Alzheimer’s Disease, Severe Pain, Cachexia, Severe Nausea, Seizures, and Severe Muscle Spasms.

Once you fit these qualifications, you should complete the Michigan Medical Marijuana Program application and schedule an appointment with a state-licensed marijuana doctor. The fee for applying for the program is $60. Your family doctor can help you with the relevant information on joining the program. On the other hand, recreational marijuana has also been legal in Michigan since December 2018. The Michigan Recreational Marijuana Bill allows Michigan residents who are 21 years or older to buy and use recreational marijuana.

You can also grow up to 12 plants for personal use and transport up to 2.5 ounces in secure containers and have up to 10 ounces at home at any given time. But there are some conditions to using recreational marijuana. A landlord can prohibit the cultivation of marijuana on his/her property, and an employer can fire an employee for using marijuana. You also cannot smoke the substance in public.

Michigan CBD Possession Limits

There are no limits to possessing CBD in the state. But there is a limit for possessing marijuana for recreational purposes. A first-time offender who possesses more than 2.5 ounces of recreational marijuana may be charged with a civil infraction. He or she may be fined up to $500. First-time offenders who possess more than 5 ounces of recreational marijuana can be charged with a misdemeanor and fined up to $500.

Labeling Of CBD Products

Quality CBD producers should include the following information on the label of their products:

. The amount of active CBD per serving

. Other ingredients and their percentages – especially the THC content

. Name of the manufacturer or distributor

. Batch code or date code

. Whether the product is full-spectrum, broad-spectrum, or isolate

Final Answer: Is CBD Legal in Michigan?

Yes, CBD is legal in Michigan. Some states have restrictions on products with more than 0.3% THC content. But since marijuana is medically and recreationally legal in the state, they have no such laws. The main thing to keep in mind is whether you are getting high quality CBD. It’s almost more likely to find bad products because there are no restrictions. Tanasi put millions of dollars of scientific research into their hemp extract formulas. This, along with other rigorous standards, helps ensure that the product is as effective as any hemp extract can possibly be.

Is CBD legal in Michigan? The state legalized marijuana for recreational and medical use in Nov. 2018 so yes, CBD is legal statewide.