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The state legalized marijuana for medical use in 2008 and recreational use in 2018. Sales for recreational marijuana only began in December 2019.
The state legalized medical marijuana in 2008 when the Michigan Compassionate Care Initiative was signed into law. While this allowed patients diagnosed with qualifying health conditions to grow their own plants, it did not allow the operation of dispensaries.
You can easily tell that the CBD oil is from a trusted source when you see its COA or the laboratory result by an accredited testing facility.
However, you’d need to be of legal age or have a medical card to buy marijuana-derived CBD oil with higher THC content.
Not only are they non-compliant with the laws, but they’re also misleading their consumers. More often than not, they’re just after your money and don’t care much for their consumers’ welfare.
However, this oversight did not stop dispensaries from opening. Operating under the state’s legal gray area, dispensaries served Michigan’s medical marijuana patients.
When Did Michigan Legalize Marijuana?
In Michigan, registered patients are allowed to possess up to 16 ounces of marijuana-infused products in solid form, 7 grams in gaseous form, and 36 fluid ounces in liquid form. They’re also allowed to grow up to 12 marijuana plants.
The state’s recreational marijuana laws also allow you to purchase CBD oil derived from marijuana even without a doctor’s recommendation. However, you’re also limited to what recreational users are allowed to possess.
“Many people use CBD oil derived from hemp to treat pain, anxiety and depression, and to reduce the prevalence of epileptic seizures,” Joe Brown, a farmer in Saranac who makes hemp wellness products said in a statement.
According to the Michigan Legislature’s website, the bill was approved by the governor on Dec. 28 and filed with the Secretary of State on the same day.
“CBD oil derived from hemp doesn’t get you high,” Johnson said in a statement.
Under this legislation, CBD oil and other products derived from hemp would not fall under Michigan Medical Marijuana regulations.
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That means Michiganders are not required to have a medical marijuana card to get CBD oil and other industrial hemp products.
The legislation passed, Public Act 642 of 2018, clarifies that CBD oil and other products derived from hemp fall under the definition of industrial hemp, and not the definition of marijuana.
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“It contains no more than 0.3 percent Tetrahydrocannabinol (THC). But the Michigan Department of Licensing and Regulatory Affairs decided last summer to start classifying it the same way they do marijuana, which contains 5 to 35 percent THC.”
While this might mean that individual buyers of CBD oil don’t stand much chance of prosecution, sellers might want to be more careful until the change in law has made the situation clearer. The new state regulation became official on January 15, 2019 but registrations and state licensing cannot be issued until the state program is approved by the USDA. The USDA has 60 days after submittal for review and approval.
A change to federal law now means that CBD oil is no longer regarded to be marijuana. The 2018 U.S. Farm Bill says that the cannabis sativa L. plant that has less than 0.3 percent THC by dry weight is hemp. This means that CBD oil, which contains less than 0.3 percent THC, is regarded by the federal government to not be marijuana. However, in Michigan, state officials have yet to determine how CBD oil will be regulated.
Currently, the legal status of CBD oil for sellers isn’t clear. Some will say that it’s necessary to have a license to sell marijuana products to sell CBD oil, while others might suggest that the law is unclear. However, it’s best to wait until the new legislation has come into effect if you are a retailer intending to sell CBD oil without a commercial marijuana business license. If you do have a license to sell marijuana products, it CBD oil could be another product that you add to your existing items.
Michael Komorn, a lawyer and president of the Michigan Medical Marijuana Association said, “CBD and other cannabinoids extracted from the plant are not criminalized anymore but would be subject to FDA regulations.”
Changes in the Law
The Michigan Department of Agriculture and Rural Development (MDARD) is responsible for creating this framework. It is the department’s responsibility to establish, operate and administer an industrial hemp licensing program, among other things.
Previously, CBD oil in Michigan was regulated under the same rules as medical marijuana. In 2018, the Department of Licensing and Regulatory Affairs (LARA) said that CBD oil could be sold to medical marijuana patients as long as it was derived from marijuana and not hemp. Hemp growth was approved for research purposes from 2014.
Cannabidiol or CBD oil is a substance typically made from hemp, which many people believe has various medicinal and therapeutic properties. While it does contain a very small amount of THC, it is not intended to provide a “high” to the people who use it. Because of its low THC levels, there has been disagreement over any cannabis products being treated the same, including CBD oil. However, recent changes in the law mean that CBD oil is no longer regarded to be marijuana under Michigan law. This means that CBD oil and other products derived from hemp are no longer regulated under Michigan Medical Marijuana regulations. A medical marijuana card isn’t required to purchase CBD oil, but can a business sell CBD oil?
CBD Hemp Oil
The 2018 Farm Bill requires that states put procedures and policies in place to ensure:
State Rep. Steve Johnson, R-Wayland, sponsored a law to change CBD oil being regarded as marijuana, which would mean that it is instead seen as hemp in Michigan, and will take effect in March. This law is a companion to House Bill 6330, which creates a framework for a hemp farming program in Michigan.