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Michigan Offers Guidance on CBD and Industrial Hemp

Michigan Offers Guidance on CBD and Industrial Hemp

Media Contact: LARA Communications 517-335-LARA (5272)
Email: [email protected]

March 29, 2019 – The Marijuana Regulatory Agency (MRA) and the Michigan Dept of Agriculture & Rural Development (MDARD) issued joint guidance today regarding CBD (cannabidiol) and industrial hemp.

From the Marijuana Regulatory Agency:

  • CBD products produced from marijuana will not be regulated as marijuana if the THC content is below 0.3%.
  • Edible marijuana products containing CBD made by licensed processors may only be produced using CBD obtained from regulated sources. Currently, these regulated sources include state of Michigan licensed growers or processors under the MMFLA.
  • MRA is in the process of writing administrative rules under the MMFLA and MRTMA to determine the methods for industrial hemp grown under the Industrial Hemp Research and Development Act to be transferred to licensed marijuana facilities. Until the administrative rules are written, there is no authorized method for licensed facilities to obtain industrial hemp.
  • Only facilities licensed by the Marijuana Regulatory Agency (MRA) under the MMFLA can commercially grow, process, and sell marijuana and marijuana products.
  • MRA does not regulate marijuana or marijuana products grown or produced by registered qualifying patients or designated primary caregivers under the MMMA or individuals over 21 for personal use under the MRTMA.

From the Michigan Department of Agriculture and Rural Development:

  • Any product derived from industrial hemp with a THC concentration above 0.3% is classified as marijuana and regulated under the laws that apply to those products through the Michigan Department of Licensing and Regulatory Affairs.
  • Products derived from industrial hemp, including CBD oil, fall under several different categories. Any substances that will be added to food or drink or marketed as dietary supplements must first be approved by the U.S. Food and Drug Administration for that intended use. At this time, the FDA has not approved CBD for use in food or drink or as a dietary supplement. Therefore, it’s currently illegal to add CBD into food products or drinks or sell it as dietary supplements.
  • GRAS (Generally Regarded As Safe) is a list of substances that the FDA considers safe to add to food. Hulled hemp seeds, hemp seed protein and hemp seed oil are considered GRAS, as of 12/20/18. CBD is currently not considered GRAS, as of 3/29/19. In Michigan, any food production falls under the Michigan Food Law and the licensing requirements within the law.
  • Growing industrial hemp will require a license from the Michigan Department of Agriculture and Rural Development (MDARD). MDARD is in the process of developing a licensing program for growers to meet the requirements of both state and federal laws to allow interstate commerce of the plants.

Definitions

  • Marihuana (legal term) or Marijuana (common term): the plant Cannabis sativa L. with delta-9-THC concentrations above 0.3%. Includes products made from the marijuana plant, but excludes stalks, products made from the stalks, and some products made from seeds.
  • Industrial Hemp: the plant Cannabis sativa L. with delta-9-THC concentrations below 0.3%. Includes products made from the industrial hemp plant.
  • CBD (Cannabidiol): a substance derived from cannabis plants that does not have psychoactive effects.

Questions regarding marijuana should be directed to MRA:

Questions regarding industrial hemp should be directed to MDARD:

Michigan Offers Guidance on CBD and Industrial Hemp Michigan Offers Guidance on CBD and Industrial Hemp Media Contact: LARA Communications 517-335-LARA (5272) Email: [email protected]

Is CBD oil legal in Michigan?

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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 oil dropper

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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CBD oil dropper

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.

CBD and weed

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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CBD and weed

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.

CBD oil

Michigan consumers can purchase hemp-derived CBD products from CBD-specific stores and health shops. Photo by: Gina Coleman/Weedmaps

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CBD oil

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