December 09, 2020 7 min read

A map with a push pin marking Michigan

State hemp laws don't always align with federal laws, which can make it pretty confusing to determine if CBD is legal for you. If you're wondering "is CBD legal in Michigan?" then you're in luck.

Although the state currently prohibits certain kinds of CBD products, CBD is legal in Michigan. Plus, the state is pretty proactive about urging CBD regulations in hopes of lifting current bans and providing access to many different CBD products across the state.

As the USDA and FDA update hemp regulations, Michigan CBD laws are expected to change, too.

Here’s what we know 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.

Key Takeaways

  • Michigan has legalized hemp and its derivatives, like CBD, and finally received approval from the USDA on their current hemp agriculture plan in 2020.
  • The state still has specific regulations against certain types of CBD products, like food, drinks, and dietary products. The state has urged the FDA to update regulations regarding CBD as a food additive so that they can relax these rules.
  • Despite legal limitations, CBD is accessible across the state. There are no minimum age requirements for buying CBD, but vendors may set the age limit as high as 21.
  • Michigan imposes various regulations on hemp growers and manufacturers in general, but quality regulations are still lacking across the CBD industry. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

Two examples of an oral CBD product that may be difficult to find in stores in Michigan

What are the CBD laws in Michigan?

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.

Are CBD gummies legal in Michigan?

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.

Does Michigan have a CBD possession limit?

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.

Can doctors prescribe CBD in Michigan?

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.

Where to buy CBD in Michigan?

A handful of CBD softgels, which also fall under Michigan's ban on CBD consumables sold in the state.

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.

Legal age to buy CBD in Michigan?

At both state and federal levels, there are generally very few regulations regarding the legal age for buying CBD. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Michigan, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Michigan.

Is CBD legal in all 50 states?

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.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Michigan Offers Guidance on CBD and Industrial Hemp” https://www.michigan.gov/lara/0,4601,7-154-11472-493396--,00.html
  3. “ENROLLED HOUSE BILL No. 6330” http://www.legislature.mi.gov/documents/2017-2018/publicact/pdf/2018-PA-0641.pdf
  4. “Growing Industrial Hemp in Michigan” https://www.michigan.gov/mdard/0,4610,7-125-1569_74018---,00.html
  5. “Substitute for House Resolution No. 104” http://www.legislature.mi.gov/documents/2019-2020/resolutionadopted/House/pdf/2019-HAR-0104.pdf

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