CBD In Michigan
2020 Complete Guide
Is CBD in Michigan Legal? | MI CBD 2020
Is hemp legal in Michigan? Yes, hemp is legal in Michigan. Is hemp-derived CBD oil legal in Michigan? This question is a little trickier. If you’re looking for a yes or no answer, you won’t find it, because the answer is “yes and no.” While some CBD products are legal in Michigan, others are somewhat in limbo. How does Michigan handle the regulation of these products that fall into the gray area? Loosely.
Truth be told, Michigan hemp laws are still in a state of flux. In order to fully understand your rights when it comes to CBD oil, you need a little background. Let’s get that out of the way first.
What is the definition of CBD oil in Michigan?
We’re going to assume that you know what cannabis is. There are two varieties of cannabis to be considered. There’s marijuana, which is a product made from cannabis plants that are high in THC. And there’s hemp — a collection of cultivars of cannabis that produce only trace levels of THC.
Both CBD and THC (aka cannabidiol and tetrahydrocannabinol) are members of a family of active compounds known as cannabinoids. Although THC can cause intoxicating effects, CBD is non-intoxicating. While marijuana can be bred to produce high levels of CBD as well as THC, hemp, by law, must produce less than 0.3 percent THC.
Both THC and CBD have been shown to provide an array of medicinal properties. Marijuana strains bred to produce recreational effects and are usually higher in THC than CBD. Medical strains, on the other hand, can have ratios of CBD to THC as high as 20 to 1.
A wide array of CBD products are produced with hemp ranging from smokable buds that are high in CBD all the way up to 99 percent pure CBD.
Now that we have a basic understanding of the definition of hemp, let’s dive into some frequently asked questions related to the legal issues associated with hemp and CBD including growing hemp, producing CBD oil, and selling CBD oil.
Michigan Hemp CBD Oil FAQ | 2020
Is CBD oil legal in Michigan?
In November 2008, the Michigan Compassionate Care Initiative was passed allowing patients suffering from certain qualifying medical conditions to marijuana and cannabis oil. However, the law did not make the production and sale of marijuana legal. Only patients and caregivers were permitted to grow their own cannabis. The law was upgraded in 2016 laying the groundwork for an actual medical marijuana market in Michigan.
Michigan voters approved a ballot initiative in 2018 that legalized marijuana for all adults. The measure also officially legalized the production of hemp and the sale and possession of CBD oil for all residents. The first recreational dispensaries opened in the state in December of 2019.
In early 2018, Michigan health officials declared that all CBD oil products, whether they are produced from hemp or marijuana fell under the state’s marijuana laws. As a result, these products were technically only produced and sold legally by licensed marijuana growers and dispensaries.
Then in March of 2019, following the lead of the US Food and Drug Administration, health officials declared that it was illegal to add CBD in any form to foods and beverages.
That’s where it stands today. Any CBD products that go on the outside of your body are legal. Any CBD products that go inside your body fall into the gray area until federal laws are worked out.
Can doctors in Michigan prescribe CBD oil?
Technically, CBD oil is not an FDA approved drug and therefore cannot be prescribed by doctors. And frankly, because CBD oil varies from batch to batch, it never will be approved for prescription use.
There is, however, one drug that contains purified CBD and has been approved by the FDA. Epidiolex can be prescribed to treat children with certain types of intractable epilepsy. Unlike CBD oil, Epidiolex might be covered by health insurance.
What medical conditions are being treated with CBD oil in Michigan?
The most common reasons given for using hemp CBD oil include relieving pain and anxiety and improving sleep. However, CBD is being used to treat a wide array of medical conditions.
Here are some of the medical conditions being treated with hemp CBD oil in Michigan:
Can I legally purchase CBD online in Michigan?
Absolutely. There is no law in Michigan against purchasing CBD products online. Aside from the convenience of having your CBD delivered right to your doorstep, you’re also likely to find a much wider array of products online than you would at your local CBD seller.
What hemp CBD products are available in Texas?
As of the time of writing, the only CBD products that are 100 percent illegal in Michigan are edibles and drinks. Oral applications such as capsules are questionable. Whether or not the state will enforce these rules remains to be seen.
Any product containing CBD that goes on the outside of your body is fair game.
Here’s a list of the kinds of CBD products you can buy in Michigan:
Where can I legally buy hemp CBD oil in Michigan?
Referring back to the section on whether or not CBD oil is legal, where you purchase it depends on which kind you’re looking for.
If you’re looking for THC oil, and you’re 21 or older, you can purchase it in a state-licensed marijuana dispensary.
If you’re under 21, you’ll have to go through the state’s medical marijuana program.
Keep in mind that some municipalities in Michigan have banned the sale of marijuana products outright.
If you’re okay without the THC, you can purchase CBD oil and all other CBD products all across the state including at some pharmacies and grocery chains such as CVS, Kroger, and Wholefoods. There are countless small retailers offering CBD products from smoke shops and health food boutiques to convenience stores, gas stations, beauty salons, spas and many more.
The vast majority of CBD sellers can be found in larger cities such as Detroit, Grand Rapids, Warren, Sterling Heights, Ann Arbor, Lansing, and Flint to name a few.
Can I legally grow hemp in Michigan?
Actually, the answer is yes. Under the state’s marijuana laws, anyone can grow up to 12 cannabis plants at home. However, they need to be grown indoors, or outside in a locked enclosure that is not easily visible from public areas. If you don’t own the property, you’ll need the landlord’s permission. Keep in mind that you are not permitted to sell any of the cannabis grown at home even if it’s just hemp.
In order to legally make a business out of growing hemp in Michigan, you will need to be licensed by the Michigan Department of Agriculture and Rural Development. And you’ll have a lot of competition. So far the state has awarded more than 500 farmers to grow hemp for the 2020 season.
It costs only $100 for a license to grow hemp. However, the cost of a hemp processing license is $1,350.
Can I legally sell hemp CBD oil in Michigan?
As of the time of writing, there are no specific laws against selling CBD oil and some other CBD products in Michigan. However, the state has declared that CBD edibles and CBD beverages are prohibited. That might change once the FDA releases its final hemp CBD rules.
Keep in mind that technically all CBD products sold in Michigan must meet the state’s regulatory requirements. That being said, there doesn’t seem to be a lot of interest on the state’s part to enforce Michigan CBD regulations — at least until the dust settles.
That being said, if you’re running a legit business and not just selling CBD at a flea market, you really ought to consult with an attorney who is experienced in Michigan hemp laws.
Here are some helpful links to learn more about hemp CBD oil
Learn more about hemp CBD laws in Michigan
- Michigan.gov – Michigan Offers Guidance on CBD and Industrial Hemp
- Michigan.gov. – Michigan Regulation and Taxation of Marihuana Act
- Michigan.gov. – Michigan Industrial Hemp
- Michigan.gov. – Industrial Hemp Licensing
- Detroit News – Kroger joins growing number of CBD retailers in Michigan
- Adding CBD oil to food and drinks is illegal, Michigan officials say
- Michigan Hemp Business & Legal News
- MLive.com – MLive investigates CBD claims as unregulated products flood Michigan
- MLive.com – More than 600 people will be growing hemp this year in Michigan
- Detroit Free Press – Michigan law: Medical marijuana cards not required for CBD oil
- Detroit Free Press – Michigan law: Medical marijuana cards not required for CBD oil
- Detroit Free Press – Michigan looking for people to try growing, processing hemp
- ClickOnDetroit.com – Michigan offers clarity on legal CBD, industrial hemp regulations
- AUDIO: Michigan Public Radio – Hemp farmers and processors work out kinks during first legal harvest in more than 80 years
- VIDEO: MLive.com – Michigan hemp farmers collect first harvest for CBD products
- Michigan Licensing and Regulatory Affairs (LARA)
- Michigan.gov: Adult Use Marijuana
- Freep.com: Michigan law: Medical marijuana cards not required for CBD oil
- Freep.com: Marijuana will be legal in Michigan on Dec. 6: What to know
- Mlive.com: Michigan officials grapple with CBD oil regulation
- Woodtv.com: Law: CBD oil regulated as hemp, not marijuana