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Is CBD Oil Legal In Michigan? – March 2021

  • The production of hemp-derived and cannabis -derived cannabidiol (CBD) products is legal in Michigan under the 2014 Michigan House Bill 5440 and the Michigan Regulation and Taxation of Marihuana Act (1-2) .
  • According to state regulations, marijuana-derived CBD products are not classified as marijuana if the tetrahydrocannabinol ( THC ) content is below 0.30%. Meanwhile, hemp-derived CBD products with more than 0.30% of THC are branded as marijuana (3 ) .
  • The Michigan Regulation and Taxation of Marihuana Act legalized the recreational use of marijuana in the state (4) . The medicinal use of marijuana is also legal under the 2008 Michigan Medical Marihuana Act (5) .
  • Consumer reports from the Better Business Bureau (BBB) show that all accredited CBD retailers in the state have no customer complaints as of November 2020 (6) .

Is CBD Oil Legal in Michigan ?

Under the 2014 Michigan Industrial Hemp Research and Development Act, the production of hemp and hemp-derived CBD products is legal in Michigan . However, in line with directives from the US Food and Drug Administration ( FDA ), it is still prohibited to market CBD products as dietary supplements (7) . Michigan Licensing and Regulatory Affairs guidelines state that CBD products from marijuana may not be regulated as marijuana if the tetrahydrocannabinol ( THC ) content is below 0.30%. Meanwhile, hemp-derived CBD products with over 0.30% THC may be categorized as marijuana (8) .

The recreational use of marijuana is also legal under the Michigan Regulation and Taxation of Marihuana Act.

In Michigan , the Bureau of Marijuana Regulation (BMR) requires marijuana farmers to be licensed to commercially grow, sell, and process marijuana and marijuana products .

Although there are no possession limits for hemp-derived CBD in the state, there are limits for cannabis possession.

Possessing over 2.5 ounces to 5 ounces of marijuana is prohibited. F irst-time offenders may be charged with a civil penalty and fined up to $500. Meanwhile, those who possess over 5 ounces of marijuana may be penalized with a misdemeanor and fined up to $500.

Michigan CBD Laws

2014 Michigan House Bill 5440

The 2014 Michigan House Bill 5440 amended the legal definition of marijuana to exclude industrial hemp cultivated and grown for research (9) .

With the new definition, industrial hemp was removed from the list of controlled substances in the state. The then Michigan Rep. Peter Pettalia introduced the bill in March 2014.

2014 Michigan Industrial Hemp Research and Development Act

The law legalized industrial hemp cultivation for research and development purposes. The legislation also authorized the registration and licensing of Michigan residents involved in the growing, processing, and handling of industrial hemp (10) .

The law defines hemp as a Cannabis sativa plant with a delta-9- tetrahydrocannabinol concentration of less than 0.30% on a dry weight basis. The definition covers hemp-derived commodities and products.

The Michigan Industrial Hemp Research and Development Act allows hemp farmers to receive funding for hemp-related research and development projects.

The legislation founded Michigan ’s state licensing program through the Michigan Department of Agriculture and Rural Development ( MDARD ) for industrial hemp growers , handlers, and processors.

2008 Michigan Medical Marihuana Act

This Michigan law legalized the medical use of marijuana to treat debilitating conditions. Under the Michigan Medical Marihuana Act of 2008, patients may use marijuana to treat any of the following conditions (11) :

  • Cancer
  • Glaucoma
  • Human immunodeficiency virus (HIV)
  • Acquired immunodeficiency syndrome (AIDS)
  • Hepatitis C
  • Amyotrophic l ateral s clerosis (ALS)
  • Crohn’s disease
  • Alzheimer’s disease
  • Nail patella

The law also covers patients experiencing the following symptoms brought on by a medical condition or a side effect of treatment:

  • Cachexia (wasting syndrome)
  • Severe chronic pain
  • Hyperemesis (severe nausea)
  • Seizures
  • Severe and persistent muscle spasms

The law also sought to implement a system of registry identification cards for patients and their caregivers . The Department of Licensing and Regulatory Affairs (LARA) is the organization responsible for determining whether an individual qualifies as a medical marijuana patient.

Once an individual qualifies, they may receive a r egistry i dentification c ard. The ID card serves as proof of registry when patients or their caregivers purchase medical marijuana .

The Michigan Medical Marihuana Act also authorized the state to create and implement rules and regulations about the distribution of medical marijuana . The law also authorized the state to impose a fee for registry application and renewal.

The law does not legalize the sale of marijuana. However, it authorizes patients to grow a maximum of six plants each as a marijuana source.

Patients and caregivers may only possess a maximum of 2.5 ounces of marijuana on them at any particular time. It is also prohibited to use marijuana in places that may expose other people to secondhand smoke.

The Michigan Regulation and Taxation of Marihuana Act

Introduced in 2018, the Michigan Regulation and Taxation of Marihuana Act marked the legalization of recreational marijuana use in the state (12) .

The legislation authorized Michigan residents over 21 years old to possess, consume, provide, or process up to 2.5 ounces of marijuana. The legislation also legalized the cultivation of up to 12 marijuana plants .

The Michigan Regulation and Taxation of Marihuana Act also allowed Michigan residents to possess up to 10 ounces of marijuana.

Despite the introduction of more lenient measures involving marijuana, the law still prohibits individuals from driving vehicles while under the influence of marijuana.

The law also allowed employers to prohibit workers from working while under the influence of marijuana.

The legislation also named LARA as the organization responsible for marijuana licensing, regulation, and enforcement. The agency implements the rules and sets a maximum THC level for all marijuana products .

The law included a provision allowing municipalities to implement an ordinance to control the operating hours and number of marijuana establishments within their municipal boundaries.

Licensing Requirements

The Michigan Department of Agriculture and Rural Development ( MDARD ) launched its first Industrial Hemp Ag-Pilot Program in 2019. Under the program, Michigan residents may apply for a license to grow and process hemp for research and testing purposes (13) .

As of November 2020, MDARD is still planning a 2020 Hemp Ag-Pilot Program continuation. According to the department officials, regulations under the planned program may include the following (14) :

  • Documentation of agricultural site
  • Rules, regulations, and standards for testing
  • Effective plant and product disposal
  • Compliance with law enforcement
  • Yearly inspection requirements
  • Certification that Michigan has enough resources to carry out the proposed program

Individuals or academic organizations may apply for licenses to grow or process hemp in Michigan at any time.

Interested applicants must complete the Hemp Grower Registration Application or the Hemp Processor-Handler Application on Michigan ’s Hemp website.

Individuals must pay a fee of $100 for a grower license, while individuals who want to process and handle hemp must pay a fee of $1,350 for a processor-handler license.

Applicants must provide the following documents to secure a license:

  • Satellite view or a map of the location depicting each field, greenhouse, or building where industrial hemp may be grown
  • Legal property description of each location
  • Criminal background check processed through the Federal Bureau of Investigation (FBI)

Both grower and processor-handler licenses expire every November 30 of the year.

Sampling and Testing Requirements

According to the MDARD , licensed growers are the only individuals authorized to collect industrial hemp samples for testing. The data below is gathered from the state’s Department of Agriculture and Rural Development website (15) .

Growers must only sample plants with flowers. If flowers are unavailable , sampling must be rescheduled later when flowering plants are present.

The plant sample must be enough to provide sufficient material to conduct all requested tests, requested retests, and any quality control tests performed by the testing laboratory. Sampling dead or mechanically injured plants is prohibited.

After collecting a sample, growers must call the laboratory to schedule testing. The Michigan Department of Agriculture and Rural Development ’s William C. Geagley Laboratory is the lab responsible for testing hemp samples in the state.

The lab is located in East Lansing and is the only approved lab for regulatory compliance testing as of 2019.

The grower must provide the lab with a completed i ndustrial h emp s ampling and t esting r equest f orm and the collected sample. The grower must provide a h arvest c rop s ampling r equest d escription for each crop sample.

During the first Industrial Hemp Ag-Pilot Program in 2019, growers were reminded to sample and test their industrial hemp crops before the harvest. The hemp crops were tested to ensure that the y did not contain more than 0.30% THC .

Under the 2019 program, growers called the department to schedule a test with MDARD ’s Geagley Lab. They are given a specific day to submit their crop samples for testing.

According to department officials, the growers must send their samples to the lab by the scheduled date if they want to receive their results back the next week.

Undried samples were delivered to the Geagley Lab, where crops were oven-dried, ground, tested, and analyzed to determine the sample’s THC and CBD content on a percent weight basis.

For the crop to be branded compliant, the lab must record a THC content of less than or equal to 0.30%.

Growers were allowed to submit up to three samples from their hemp crops. If all three samples contain over 0.30% of THC , the grower ’s crops may be considered unusable.

Once their crops are branded unusable, growers may destroy the crop or request a retest. Farmers may request a retest two additional times.

However, crops branded to be non-compliant after the third test must be destroyed.

The lab may send the test results through email on the week after the date when the samples were submitted. According to the department, growers must harvest their crops within 15 days after receiving the test results.

Buying CBD Legally

How to Choose Which CBD Products to Buy

In Michigan, residents may grow, process, and handle hemp and hemp-derived products as long as the products have less than 0.30% of THC on a dry weight basis (16) .

The list below are some of the CBD products available in Michigan :

  • CBD oil
  • CBD tincture
  • CBD capsules
  • CBD tablets
  • CBD lozenges
  • CBD candy
  • CBD edibles
  • CBD beverages
  • CBD coffee
  • CBD tea
  • CBD water
  • CBD ointments
  • CBD salves
  • CBD balms
  • CBD creams
  • CBD lotions
  • CBD lubricants
  • CBD vape pens
  • CBD vape oil
  • CBD vape additive
  • CBD vape cartridges
  • CBD dabs
  • CBD concentrates
  • CBD flower

When looking for reputable CBD brands, individuals must check if the brand’s products include the following information on the product labels:

  • Potency or amount of active CBD per serving
  • Concentration or amount of active CBD per container
  • Supplement fact panel
  • Product ingredients
  • Net weight
  • Manufacturer or distributor name
  • Suggested use
  • An indication that the product contains full-spectrum CBD, broad-spectrum CBD, or CBD isolate
  • Batch or date code

Below are some tips to help customers purchase high-quality CBD products :

  • Purchase from brands that provide third-party lab results only . Through these reports , customers can determine the exact CBD concentration and CBD potency of a product.
  • Choose products processed through the CO 2 extraction method, which does not require any extra heat or solvent to extract CBD from the plants.
  • It is also recommended to double-check the THC content of the product.
  • Avoid the cheapest CBD products offered in the market. Since producing high-quality CBD requires careful and technical work, the cheapest options on the market may not always be the best choice.
  • Check if the product is certified by the US Hemp Authority or accredited by the Better Business Bureau (BBB). The former certifies well-performing brands that offer CBD products , while the latter recognizes companies with the best business practices.

In Michigan , there are three BBB-accredited brands that offer various CBD products . Consumer reports show that as of November 2020, the three companies have zero customer complaints (17) .

If customers are seeking high-quality products, it is recommended that they buy CBD products from the BBB-accredited shops in Michigan (18) :

  • The CBD Store, Holland
  • 113 Solution, Lansing
  • Monroe Indoor Garden, Monroe

Where to Buy CBD Products Legally

CBD users in Michigan may purchase products from several CBD dispensaries in the state. Although selling hemp-derived CBD does not require a license in the state, businesses selling cannabis -derived CBD products must be licensed.

Only businesses and individuals licensed by the Marijuana Regulatory Agency (MRA) may grow, process, and sell marijuana and marijuana-derived products.

CBD may be bought online, usually through CBD brands’ websites. Below is a list of the benefits of shopping online:

  • More convenient than visiting physical stores
  • Buying products online may help buyers plan their purchase and order more CBD products should they need to replenish their supplies.
  • CBD shops online usually offer discounts to help customers save money on their CBD products .
  • Most brands have third-party lab reports and customer reviews on their websites that CBD buyers may check before they make a decision.

If customers prefer to purchase CBD products from physical stores, they may visit several stores in the state. Below are some of the cities in the state where CBD shops are located:

  • Detroit
  • Ann Arbor
  • Waterford
  • Grand Rapids
  • Southfield
  • Warren
  • Sterling Heights
  • Dearborn
  • Lansing
  • Livonia
  • Clinton
  • Flint Canton
  • Westland
  • Shelby
  • Troy
  • Macomb
  • Kalamazoo
  • Farmington Hills
Detroit
  • The Jazz Club Detroit

The Jazz Club Detroit offers a wide range of products, including CBD oils and CBD gummies . The brand also offers gadgets, including vape pens and bongs.

Founded in 2015, The Jazz Club Detroit is open from Mondays to Sundays, from 10:00 AM to 8:00 PM. The shop’s address is 16890 Telegraph Rd, Detroit , Michigan 48219.

  • King Seaweed

King Seaweed offers gummies , CBD oil , and various vaping accessories. It is located at 3600E 8 Mile Road, Detroit , Michigan 48234.

Ann Arbor
  • Café Liv Wellness

Café Liv Wellness offers CBD vapes , oils, and topicals . Customers do not have to make an appointment, and they may purchase products on the day they visit.

The shop may be visited from Mondays to Saturdays, from 11:00 AM to 9:00 PM. On Sundays, the shop is open from 9:00 AM to 7:00 PM .

Customers may visit the shop at 603 E William St, Ann Arbor , Michigan 48104.

  • The Green Door

The Green Door offers a wide range of hemp products , including CBD products for pets. Founded in 2014, the shop is open seven days a week from 1:00 AM to 9:00 PM .

The Green Door’s address is 410 East Liberty St, Ann Arbor , Michigan 48104.

Benefits and Risks of CBD

Benefits of CBD

Over the years, several researchers published studies about the medicinal benefits of various cannabinoids , including CBD.

According to a study, CBD help ed treat patients suffering from anxiety disorders (19) . Meanwhile, research published in 2012 noted that CBD improved the state of patients with panic disorder, obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and social anxiety disorder (20) .

Another study observed that CBD improve d the state of patients with osteoarthritis and rheumatoid arthritis (21) .

Researchers also discussed CBD ’s potential in the treatment of cancer. A study showed that cannabinoids and the endocannabinoid system (ECS) might have a crucial role in cancer regulation processes (22) .

ECS is a human biological system composed of lipid-based retrograde neurotransmitters called endocannabinoids, which interact with cannabinoid receptors. These receptors are found throughout the human body: in the brain, glands, connective tissues, organs, and immune cells (23) .

Risks of CBD

Patients must note that using CBD may also entail some risks. It is crucial to know that because of these risks, the United States Food and Drug Administration ( FDA ) has yet to regulate CBD use.

The following are some of the potential risks of using CBD according to the FDA (24) :

  • Gastrointestinal injury
  • Liver injury
  • Interactions with other medications
  • Interactions with other drugs and alcohol
  • Loss of appetite
  • Mood changes

The FDA also cited the following unknown factors that make using CBD potentially harmful:

  • What are the effects of long-term CBD use?
  • How much CBD is needed to trigger the risks associated with it?
  • How do the different consumption methods change the effect of CBD?
  • How does CBD affect developing brain functions in children?
  • How does CBD affect newborns?
  • How does CBD interact with other plants?
  • Is CBD harmful to the male reproductive system?

History of CBD Law in Michigan

Cannabis was used by communities in Michigan to produce fiber and rope. It was regarded as a useful crop before the positive attitude towards cannabis and hemp changed at the start of the 20th century.

In the 1930s, Michigan, along with the rest of the states, prohibited cannabis use under the Marihuana Tax Act.

Before the legalization of hemp and marijuana production in Michigan , the state had a strict prohibition on the use of cannabis .

Because marijuana was considered a S chedule 1 restricted substance at the federal level, regulation offenders faced harsh penalties. Marijuana possession had a penalty of a maximum of one-year imprisonment and a fine of $2,000.

Meanwhile, the sale, cultivation, or growth of cannabis had a penalty of 15 years of prison time and a $10,000,000 fine. This is the same penalty for criminal offenses involving drugs , such as heroin, methamphetamine, and cocaine.

The distribution of marijuana for free or cultivation of marijuana for personal use was also prohibited with harsh penalties for the offenders. Individuals caught using, sharing, or growing weed were liable to 90-day incarceration and a fine of up to $1,000 upon conviction.

During the past years, however, the municipalities in Michigan began to change their attitude towards cannabis . Municipalities began to implement more lenient regulations involving weed.

Ann Arbor, a college town in the state, was the location for several pro-cannabis rallies. Protestors from the college town promoted activism towards more lenient cannabis regulations.

For decades, campus police at the University of Michigan exercised discretion and a general

tolerance for marijuana use. At the university, marijuana is openly used on campus and only a few arrests occur (25) .

Before recreational marijuana was legalized, the medicinal use of marijuana was decriminalized in 2008 when state lawmakers passed the Michigan Medical Marihuana Act (26) . Recreational marijuana was decriminalized in 2018 under the Michigan Regulation and Taxation of Marihuana Act (27) .

Hemp, Marijuana, and CBD

Hemp

Hemp is a variety of cannabis usually harvested commercially for its seeds, stalks, and flowers. It may reach up to 13ft in height, making it challenging to grow in indoor settings.

Hemp growers offer hemp seeds to food and cosmetics industries, while hemp stalks may be used for building materials and clothing. Meanwhile, farmers grow hemp flowers because the flowers are rich in CBD.

Cultivation of hemp with less than 0.30 percent THC content was legalized at the federal level in 2018 when the then President Donald Trump signed the Farm Bill into law.

Marijuana

Marijuana is a variety of cannabis usually harvested for its relaxing and psychoactive properties, which may be attributed to the high THC concentration in the plant.

While THC is present in all the aerial parts of a marijuana plant , THC is mostly present in the flowers of female marijuana plants .

Unlike hemp, marijuana plant seeds and stalks may not be used as a food source or by the textile industry. Instead, the plant is usually harvested for its highly resinous flowers, which possess various cannabinoids .

The medical use of marijuana remains illegal in the US at the federal level under the Controlled Substances Act of 1970.

CBD

CBD is a non-intoxicating cannabinoid present in cannabis . Researchers discovered CBD in cannabis in 1940.

It is considered the second-most prominent cannabinoid in the plant after THC , which is the main psychoactive component of the cannabis plant .

CBD may be derived from marijuana or hemp plants . In Michigan , both hemp-derived and marijuana-derived CBD products are legal to purchase.

Types of CBD

Most CBD brands offer CBD in three forms: CBD isolate, broad-spectrum CBD, and full-spectrum CBD.

A product with full-spectrum CBD or whole – plant CBD has high concentrations of CBD and other cannabinoids , terpenes, and low levels of THC .

A full-spectrum CBD extraction method involves the retention of the hemp plant ’s natural terpenes and cannabinoids . Most users opt for full-spectrum CBD oils because of the product’s “entourage effect,” which maximizes CBD’s therapeutic properties.

Broad-spectrum CBD possesses all cannabinoids from the hemp plant , except THC . This CBD type contains no traces of THC .

Using broad-spectrum CBD products provides users with the components of full-spectrum CBD without the THC .

Meanwhile, a hemp extract with CBD isolate contains no other cannabinoids except CBD. A CBD isolate is produced by removing all non-CBD compounds from a hemp plant , including THC .

CBD brands recommend broad-spectrum CBD and CBD isolates for users who want to enjoy CBD while keeping their bodies THC -free.

Is CBD Psychoactive?

Unlike THC , CBD is nonpsychoactive . If a CBD user ingests CBD oil that contains only trace amounts of THC , they may not experience any psychoactive effects.

Some CBD brands offer products with no detectable traces of THC , allowing users to enjoy the benefits of CBD without getting high.

Can You Fail a Drug Test After Taking CBD?

Most CBD brands offer products with less than 0.30% of THC . Although the amount is not enough to show up in a drug test, CBD may still be detected by drug tests due to frequent use of CBD products .

What Are the Side Effects of CBD?

According to an article on the Mayo Clinic website, taking CBD may cause side effects , including dry mouth, diarrhea, tiredness, reduced appetite, and sleepiness. It may also interact with other medications inside the body, such as blood thinners (28) .

CBD products may also interact with other drugs in the body. First-time users of CBD products are recommended to consult their doctors before taking CBD.

Consulting a physician is crucial, especially if an individual is taking medications for a serious medical condition .

Does CVS Sell CBD Oil in Michigan?

As of December 2020, Consumer Value Store (CVS) does not sell CBD products in Michigan. According to the company website, the pharmaceutical firm sells CBD products in the following states (29) :

  • Alabama
  • West Virginia
  • Illinois
  • Tennessee
  • California
  • New Mexico
  • Kentucky
  • Kansas
  • South Carolina
  • Georgia
  • Vermont
  • Maryland
  • Texas
  • Colorado
  • Arizona
  • Virginia
  • Indiana
  • Florida
  • Massachusetts

Conclusion

Under the 2014 Michigan House Bill 5440, the production of hemp-derived CBD is legal in the state of Michigan (30) .

The use of recreational marijuana and medical marijuana is also legal in the state under the 2008 Michigan Medical Marihuana Act and the 2018 Michigan Regulation and Taxation of Marihuana Act (31-32) .

Although selling hemp-derived CBD does not require a license in Michigan , businesses selling cannabis -derived CBD products have to be licensed.

Because CBD laws vary depending on the state, it is recommended for CBD users to read up on their state laws before purchasing CBD or growing hemp. CBD production is still prohibited in some states, such as Hawaii and South Dakota (33) .

The production of hemp-derived and cannabis-derived cannabidiol (CBD) products is legal in Michigan under the 2014 Michigan House Bill 5440 and the Michigan Regulation and Taxation of Marihuana Act.