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State hemp laws can sometimes differ from federal laws, leading to confusion about CBD's legality. So, is CBD legal in Michigan? Yes, CBD is legal in Michigan.
While certain types of CBD products are restricted, Michigan CBD laws are generally more progressive, and the state is working to update regulations and expand access to a wider variety of products. As federal agencies like the USDA and FDA adjust their hemp guidelines, Michigan CBD laws may evolve accordingly.
Here's what we know about CBD oil in Michigan for now:
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Michigan?
Are CBD gummies legal in Michigan?
Does Michigan have a CBD possession limit?
Can doctors prescribe CBD in Michigan?
Where to buy CBD in Michigan?
Legal age to buy CBD in Michigan?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD 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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Michigan has loose, but conflicting cannabis laws that make it difficult to understand the state's stance on CBD. The state has legalized both CBD from hemp and from cannabis (for adult use). Still, they have banned the production or sale of CBD as a food, drink, or dietary supplement until the FDA approves CBD as a food additive.
The Michigan Industrial Hemp Research and Development Act passed in January 2019, a bill that officially legalized hemp and its derivatives, like CBD. The state defines hemp similarly to the federal definition, as cannabis containing less than 0.3% THC. However, the bill defined only limited use and production for hemp, awaiting more official guidance from the USDA.
In October of 2020, the state's official hemp agriculture plan was approved by the USDA. The new plan tightens quality standards for hemp growers, requiring that they allow a state-appointed agent to collect samples for review at Michigan Department of Agriculture and Rural Development (MDARD) laboratories. Then, assuming the material meets the defined standards (like containing less than 0.3% THC), the crops must be harvested within 15 days of testing.
To date, 29 other states (like Colorado and Oregon) have similar plans in place. Although the industry regulation is still lacking in terms of quality monitoring, Michigan's hemp growing laws match some of the most stringent in the country.
The state does not currently allow CBD to be used in foods, beverages, and dietary supplements, in line with the FDA's ruling on CBD products. Other states, like Georgia, Hawaii, and Massachusetts, have also adopted this stance. However, Michigan is part of a growing movement of states who have urged the FDA to further clarify their CBD stance and loosen these regulations.
Since CBD food items are technically banned by the state, consumers commonly ask if CBD gummies are legal in Michigan. Technically, there are laws against manufacturing and selling CBD food items within the state. Still, many out of state manufacturers make legal CBD gummies that can be shipped to Michigan.
To date, the state of Michigan has not highlighted possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are legal in the state, but are subject to a different set of laws and restrictions.
In Michigan, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal like Michigan, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
In Michigan, CBD products that meet state requirements can be sold by state-licensed vendors. This includes the USDA approved regulations defined in the states' most recent hemp plans.
These restrictions are similar to the CBD sales model found in other states, like Colorado and Kentucky, and they haven’t dampened CBD access in the state. Despite rulings against CBD as a food or dietary substance, the products are still accessible in grocery stores and convenience stores across the state.
Still, the state does very little to regulate product quality and consumer safety. This lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
At both state and federal levels, there are few regulations on the legal age for buying CBD, although some products like smokable hemp and CBD vaporizers may not be suitable for all ages.
In Michigan, there are no statewide age restrictions for purchasing CBD, but local laws and seller policies may require buyers to be 21, especially at smoke shops.
Many CBD brands allow customers 18 or older to order online and ship legal CBD products to Michigan.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Michigan according to federal guidelines, but is subject to various restrictions. Every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
CBD is legal in Michigan if it is derived from hemp containing less than 0.3% THC, following the 2018 Farm Bill. However, the state prohibits the sale of CBD in food, beverages, or dietary supplements until the FDA approves it as a food additive. Michigan CBD laws allow for CBD sales in other forms like oils, tinctures, and topicals.
No, CBD gummies and other CBD-infused food products are currently not legal in Michigan due to state restrictions aligning with FDA regulations. You can, however, buy other CBD products such as oils and topicals.
While CBD is widely legal across the U.S., some states have stricter regulations. For instance, Idaho, Iowa, and South Dakota maintain more prohibitive laws regarding CBD sales and use, especially for products not adhering to 0.3% THC limits.
Yes, you can take CBD recreationally in Michigan, as long as it’s derived from hemp and contains less than 0.3% THC. However, certain forms, such as CBD-infused food and drinks, are restricted.
CBD is known for its calming effects and can help promote relaxation. In some cases, it may cause drowsiness, especially at higher doses, but its primary effect is generally a sense of relaxation rather than sleepiness.
CBD does not make you feel high. Unlike THC, CBD is non-psychoactive and primarily helps with relaxation and stress relief without causing the euphoric or intoxicating effects associated with cannabis.
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