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.
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. 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.
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. 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. 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. 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.
Hemp-derived CBD can also be purchased online, usually through specific brands' websites.