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

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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

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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

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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

Best CBD Oil in Michigan

Are you looking for places to buy CBD oil in Michigan? We’ve got you covered. Below you’ll find our review of places you can buy CBD in Michigan, with a focus on the Detroit metropolitan area. You can also order CBD oil products online.

Our favorite CBD product can be purchased online for delivery to Michigan:

Is CBD Legal in Michigan?

Medical marijuana use was first legalized in Michigan in 2008. Recreational marijuana use was approved towards the end of 2018. As of right now, only one dispensary has opened its doors, but there are undoubtedly more on the way. Due to recreational marijuana use being legal for those over the age of 21, marijuana-derived CBD products are also legal if you’re of age. If you’re not of age, you can’t use marijuana-derived CBD recreationally; however, you may be eligible for a medical marijuana license which would grant you access. Marijuana-derived CBD is the same as hemp-derived CBD, though, so this isn’t something you need to worry about.

Hemp-derived CBD is legal for medicinal and recreational use statewide in Michigan. Industrial hemp was first defined as legally separate from marijuana in 2014 so CBD sourced from industrial hemp has been essentially legal since that time. Now that the state has made even more progress in regards to cannabis, you will have no problem purchasing CBD in a dispensary or through an online retailer as a resident. We’d like to note, though, that as of March of 2019, foods and beverages that contain CBD as an additive, regardless of its origin, are considered illegal by the Michigan state legislature.

Best CBD Shops in Michigan
Michigan is one of the fastest-growing CBD locales in the country, with more and more shops popping up. Following leaders like New York and California, Michigan’s CBD community includes a number of highly knowledgeable enthusiasts and newcomers alike, all enjoying the unique health and wellness benefits of CBD oil that users across the country enjoy on a daily basis. As it stands, Detroit and Ann Arbor have the largest concentrations of CBD shops, but expect more in the coming years.

CBD Shops in Detroit
There are a couple CBD oil shops in Detroit worth checking out.

The Jazz Club Detroit (16890 Telegraph Rd, Detroit, MI 48219) is one of the most popular CBD shops in Detroit, with a perfect 5-star rating, thanks to its wide variety of premium CBD products available at some of the best prices in the city. Established in 2015, the shop offers CBD oil pens, waxes, concentrates, capsules, and more. The staff is highly knowledgeable and happy to answer any and all of your questions about CBD oil products in general and Jazz Club’s selection. The shop also offers daily specials worth keeping an eye on, so be sure to check their website and social media feeds for the best deals. Open seven days a week, no appointments required: Monday-Sunday 10AM-8PM.

Located conveniently right on 8 Mile Rd., King Seaweed (3600 E 8 Mile Rd, Detroit, MI 48234) offers topical and homeopathic CBD oil products, in addition to accessories, edibles, and more. With a wall-to-wall selection, customers are sure to appreciate the shop’s excellent inventory and hand-picked, premium CBD oils. Open seven days a week, no appointments required: Monday-Sunday 10AM-8PM.

CBD Shops in Westland, Garden City, and Livonia
Metro Smokers Shop (8155 N Middlebelt Rd, Westland, MI 48185) is a 4.5-star rated location with premium CBD oil products, liquids and powders, kratom caps, creams, accessories, and much more. The owner and staff are friendly and eager to help customers navigate the store’s selection. Reviewers also note that Metro has some of the lowest prices around; on Yelp, there are numerous promotions, including a a $10 for $15 voucher, %15 discount, and gift certificate. Open seven days a week: Monday-Saturday 9AM-8PM; Sunday 10AM-7PM.

CBD Shops in Ann Arbor
Ann Arbor has two great CBD shops.

The Green Door (410 East Liberty St, Ann Arbor, MI 48104) offers a large line of concentrates, CBD oil products, and more. Established in 2014, the owner and staff are highly knowledgeable and able to help customers determine the best CBD oil solution for their unique needs. Open seven days a week, no appointments necessary: Monday-Saturday 10AM-9PM; Sunday 10AM-9PM.

Best CBD Oil in Michigan Are you looking for places to buy CBD oil in Michigan? We’ve got you covered. Below you’ll find our review of places you can buy CBD in Michigan, with a focus on the