Delta-8-THC, a mildly psychoactive cannabinoid, is legal by federal law, but is Delta-8-THC legal in Michigan. Every state governs hemp differently, but Michigan’s Delta-8 laws may be some of the most confusing in the nation.
Delta-8’s legality is being heavily debated in the state, and it seems to be available in the state, although existing in a legal gray area. Here’s what we know for now:
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Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
Michigan Delta 8 Laws Table of Contents
Michigan Delta-8-THC Laws
Delta-8-THC Possession Limits in Michigan
Is Delta-9-THC Legal in Michigan?
Where to Buy Delta-8 in Michigan
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Michigan updated its hemp laws after the 2018 Farm Bill took effect to effectively legalize most hemp derivatives, like CBD.
The new laws define hemp similarly to the way they are defined by federal law. In Michigan, hemp means the plant Cannabis sativa and all parts of the plant, including cannabinoids, isomers, acids, salts, and salts of isomers. By this definition, Delta-8-THC appears to be legal in the state.
However, the state’s Controlled Substances Act lists delta-9-tetrahydrocannabinol and all of its optical isomers as a Controlled Substance, which seems to include Delta-8-THC. Under these conflicting laws, Delta-8 appears to be legal when naturally derived from legal hemp material, but not when produced via isomerization.
Here are some excerpts from Michigan state law:
EFFECTIVE DATE: January 15, 2019
(i) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
(v) “THC” means tetrahydrocannabinol.
(2) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
(4) “Marihuana” means all parts of the plant Cannabis sativa L., growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. Marihuana does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination. Marihuana does not include industrial hemp.
(d) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis and synthetic substances, derivatives, and their isomers with similar chemical structure or pharmacological activity, or both, such as the following, are included in schedule 1:
(i) /\1 cis or trans tetrahydrocannabinol, and their optical isomers.
(ii) /\6 cis or trans tetrahydrocannabinol, and their optical isomers.
(iii) /\3,4, cis or trans tetrahydrocannabinol, and their optical isomers.
Michigan law does not define any possession limits for legal hemp or hemp products, including legal forms of Delta-8-THC.
Still, D8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.
Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.
Michigan voters approved the Michigan Medical Marihuana Act in 2008, which officially legalized medical-use cannabis for qualifying patients in the state. A decade later, the state passed the Michigan Regulation and Taxation of Marihuana Act to legalize the recreational use of cannabis for adults aged 21 and over.
Michigan’s hemp market is still mostly unregulated, and it’s unclear if legal Delta-8 products are being sold in the state. When you can find D8 products in local stores, both the legality (depending on how it’s made) and quality may be in question.
It’s advisable to proceed with caution when choosing a D8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.
At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018, meaning they can legally be purchased online from states where D8 is legal. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.
There are no state regulations that place age restrictions on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of D8 products, but many retailers require consumers to be at least 21 years of age.
Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC may be legal in Michigan according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.
Ready to shop for Delta-8 in Michigan? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.
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