February 19, 2021 5 min read

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:

Looking for federally legal Delta-8-THC? Check out our Elev8 Collection.

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?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Michigan hemp laws seem to legalize all natural hemp derived, but the state’s Controlled Substances Act has conflicting laws concerning tetrahydrocannabinol isomers. Delta-8 may be legal depending on how it is produced.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You may be able to find it in stores in Michigan, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Michigan Delta 8 THC Laws

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.

In neighboring states Indiana and Ohio, Delta-8 is legal without these harsh restrictions.

Here are some excerpts from Michigan state law:

HOUSE BILL NO. 6330 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT

Act No. 641

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.

PUBLIC HEALTH CODE (EXCERPT) ACT 368 OF 1978

333.7106 Definitions;

(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.

333.7212 Schedule 1; controlled substances included.

(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.

Hemp flower, a federally legal form of cannabis, before harvested and processed to make Delta-8.

Delta 8 THC Possession Limits in Michigan

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.

Is Cannabis (Delta 9 THC) Legal in Michigan?

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.

Where to Buy Delta 8 in Michigan?

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.

Delta-8 vapes, one of the most popular product types found in legal Delta-8 markets.

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.

Can You Legally Buy D8 Online in MI?

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.

Do You Have to Be 21 to Buy Delta-8 in Michigan?

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.

Is Delta 8 THC Legal in All 50 States?

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.

Vida Optima Elev8 Caramels

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “HOUSE BILL NO. 6330 - INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT” http://www.legislature.mi.gov/documents/2017-2018/publicact/pdf/2018-PA-0641.pdf
  5. “PUBLIC HEALTH CODE (EXCERPT) ACT 368 OF 1978” http://www.legislature.mi.gov/(S(5plkphngs1no3zxnkrfvyuzg))/mileg.aspx?page=getObject&objectName=mcl-333-7106&highlight=Public%20AND%20Health%20AND%20Code%20AND%2017708
  6. “333.7212 Schedule 1; controlled substances included.” http://www.legislature.mi.gov/(S(5plkphngs1no3zxnkrfvyuzg))/mileg.aspx?page=getObject&objectName=mcl-333-7212&highlight=Public%20AND%20Health%20AND%20Code%20AND%2017708
  7. “Michigan Medical Marihuana Act” https://ballotpedia.org/Michigan_Medical_Marijuana_Initiative,_Proposal_1_(2008)
  8. “Michigan Regulation and Taxation of Marihuana Act” https://www.house.mi.gov/hfa/PDF/Alpha/Ballot_Proposal_2018-1_Marijuana_Initiative.pdf

 


Leave a comment

Comments will be approved before showing up.


Also in Cannabis Encyclopedia

Ensemble Effect | Vida Optima
Ensemble Effect

July 22, 2021 6 min read

You've heard of the entourage effect, but the ensemble effect is totally different (in a really good way).
Read More
CBD for Sleep | Vida Optima
CBD for Sleep

July 22, 2021 8 min read

Here's what research says about using CBD for sleep:
Read More
CBD for Focus | Vida Optima
CBD for Focus

July 21, 2021 7 min read

CBD may rival your morning cup of coffee as the most important part of your morning routine, especially if you have trouble concentrating. Here's why:
Read More

Subscribe