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Michigan Officials Stall The Addition Of CBD Oil In Food & Drinks Until Further Confirmation


Michigan officials are educating residents about the awaiting legality of food and drinks infused with CBD oil. Josh Colton, a lawyer based in Michigan pointed out that, “Being decriminalized and being legal are two different things.”

About CBD Oil

CBD oil or cannabidiol serves as a highly demanded alternative in the remedy market. In spite of being extracted from hemp or marijuana, it does not lead to similar psychoactive effects coupled with its low THC content. Martha Stewart announced her very own line of CBD products while Walgreens and CVS showed a green signal to CBD products at certain stores on a global scale.

Legal Backing

Legal hemp and consumption of marijuana by adults was legalised by the 2018 U.S. Farm Bill which was followed by rapid expansion of CBD products in the state. Colton said in this regard that, “The writing seems to be clearly on the wall that CBD and all the products associated with hemp will become mainstream. Generally, across the country there’s not been an effort to enforce on CBD. There’s no serious health risk; the strongest claims against it is that it’s pseudo-science and people selling snake oil. That’s why we need research.”

Latest Guidelines Issued By Michigan Officials

1. Similarity in treatment

 CBD is not considered to be marijuana in Michigan provided the THC content remains below 0.3%. This has been prescribed by the Department of Licensing and Regulatory Affairs. Thus, in most cases the treatment of CBD and hemp will be similarly regulated. CBD product having THC content exceeding 0.3% is treated in similar terms as that of marijuana. The cannabis sativa L. plant having less than 0.3% THC in dry weight is considered by the federal government to be hemp.

2. It Is Illegal To Consume CBD Oil In The Form Of Dietary Supplement

Before CBD oil receives the green signal of being marketed as a dietary supplement or gets added to food, it needs to receive the approval of the U.S. Food and Drug Administration. Since specific rules have not yet been formulated by the FDA, the Michigan Department of Agriculture and Rural Development considers it illegal to carry on such activities in the state. Local health departments have shut down all attempts made by coffee shops and restaurants to sell lattes and cocktails infused with CBD oil in the locality.

Colton feels that,“CBD … will be on the shelves even before federal regulations give it the go-ahead. Being a little cautious right now is valuable.” Although people trying to sale CBD oil might not face criminal charge, they will fall under the scrutiny of state regulators while trying to seek out a hemp license in upcoming days.

Michael Komorn, a lawyer and president of the Michigan Medical Marijuana Association feels that, “The whole scheme is fascinating. It doesn’t make the subject matter into an illegality. It’s a not a crime, it’s a regulatory fine. You won’t get arrested, but it may prevent you from getting a license to do that in the future.” However, people can add hemp seed protein, hulled hemp seeds and hemp seed oil while preparing or while dressing their food.

3. Medical Marijuana Patients Can Purchase CBD Edibles

As per regulators, only CBD grown at structured setups can be used for being mixed with edibles. Medical marijuana license holders are the solitary regulated source at present who can sale the same to registered medical marijuana patients. Although there is no means for medical marijuana businesses of obtaining industrial hemp in a legal manner presently, new options are bound to spring up in days to come.

4. Industrial Hemp Program Won’t Be Launched On A State Level Prior To 2020

The federal government has to come up with the hemp program regulations before devising its very own rule set. This whole thing does not have much chance of transforming into a reality prior to 2020. James Averill, deputy director for MDARD revealed that,“It won’t be until 2020 until a state government can have a state plan for raising industrial hemp in their state.”

The 2014 Farm Bill however allows farmers to grow industrial hemp by collaborating with state departments of agriculture and universities. Averill said Michigan is trying to add inertia to this process by providing all forms of assistance to the farmers.

Averill was quoted as saying that, “For putting seed in the ground this year — we have to work off the 2014 Farm Bill and that is a conversation that we’re continuing to have with the administration.” It was previously difficult for the state to authorize hemp farmers due to the U.S. Drug Enforcement Administration. Things have changed for the better with the introduction of the 2018 Farm Bill.

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Ivan writes about Cannabis at The Cannabis Radar. He has a degree in Nutrition Sciences from University of Oklahoma Health Sciences Centre. He likes to spend his spare time reading to his daughter or spending time with his wife.

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