The state known as the car capital of the world will no longer have to wait for anymore before they start using the magic of CBD oils to relieve their pain from driving too hard.
Is CBD oil Legal
Yes it is legal to possess CBD oil in Michigan.
If you are a registered medical marijuana patient, you can also buy it from a registered provisioning center. CBD has been decriminalised in the state of Michigan and is now easily available and completely legal to sell and use. Further legal aspects towards the cultivation, storage, sale and usage are still being written by the respective Departments.
What's Legal, What's Not!
On 28 December 2018, with the House Bill 6331 Michigan allowed its citizens the use of all CBD products and their derivatives. House Bill 6330 was created along with House Bill 6331 to amend the Industrial Hemp Research and Development Act and will create an industrial hemp licensing program that will allow the license to grow, process and handle industrial hemp.
It will also create a framework for farmers who will fall under this act and finalise the administrative fees and respective fines. House Bill 6331 is aimed to amend the Public Health Code as per this now revised Industrial Hemp Research and Development Act.
In 2018 when Michigan passed Proposal 1, they legalised the use of marijuana and industrial hemp for adults. The US Farm Bill had already legalised hemp production nationwide earlier and individual states needed only make their own further rules to regulate the products.
This Proposal 1 which is awaiting federal rules for hemp and CBD oil issues guidelines on how it can be regulated in the industry. In a nutshell, it states that any product that contains CBD is not to be treated as marijuana as long as the THC content is less than 0.3%.
This is due to the fact that the Federal Government has defined hemp to be those parts of the cannabis sativa plant that have less than 0.3% THC by dry weight.
Proposal 1 further states that edibles in any form made with CBD have to be procured from a regulated source. This means that only medical marijuana license holders can buy such a product and that too from registered provisioning centres as the only regulated sources of CBD products at present are these centres.
Yes, many store owners have cakes, shakes, candies, etc. that they are selling but from a legal point of view they are all illegal at present. There is no legal way for store owners to obtain industrial hemp to make these items and sell them.
Similarly, any CBD in the form of dietary supplements is at present illegal whether as tablets or any other sort of edible forms. The CBD oil in the state of Michigan at present has to be approved by the US FDA who have yet to write the rules for such products. So, please stay away from these products available in the open market in stores and other places unless you have a valid medical card.
The future is bright once the Federal Government approves the Proposal but at present it is all illegal. Once approved, people will be allowed to add hulled hemp seeds, hemp seed oil and hemp seed protein to food products with less than 0.3% THC content.
Businesses in the state are in a state of readiness for these laws to come into effect and soon you shall be able to buy and use CBD products to your heart’s content. But at present, they are all illegal products and local health departments have shut down businesses who were found selling cocktails and lattes with CBD oil. Though it is unlikely that anyone who is at present selling CBD oil will face a criminal charge and might just involve a small fine. But it will affect them later on when they apply for a hemp license from state regulators.
The state of Michigan plans to launch this industrial hemp programme through the Department of Agriculture and Rural Development after Federal approval but not until 2020 once they have formed their own set of rules and regulations for the same.
In the meantime, farmers can grow industrial hemp through either various universities or with the state departments of agriculture through the 2014 Farm Bill stipulations.
State Regulation drug code 7350 only allows cannabinoids in trace amounts in the CBD products for use by the general public. However, it is not possible to produce an extract from the hemp plant that has only CBD and no other cannabinoids. Such an extract will fail as per the directions of the new drug code. So this code was modified to clear that it includes cannabis extracts that contain only one cannabinoid.
Both the original drug code 7360 for marijuana as well as the modified drug code 7350 for marijuana extracts are limited to what falls under the Controlled Substances Act definition of marijuana. The DEA amended it via 21 CFR 1308.11(d) to include a new subparagraph (58), towards the use, sale and purchase of CBD which will lead to a potential violation of federal drug laws under the CSA.
Only qualified patients with a state authorised physician as per HB 4851 and diagnosed with one of the following health conditions are approved as per the law to buy and use CBD with the medical marijuana card.
The physician is directed to follow the directions of this bill in terms of approving the usage of CBD oil and other derivatives under a set of “bona fide physician-patient relationship” clauses.
The approved maladies as per the law are restricted to 24 diseases and conditions that include Alzheimer’s disease, cancer, HIV/AIDS, Crohn’s disease, Spinal Cord Injury, seizures, etc. Michigan does not have any marijuana dispensaries where CBD can be procured even after you have a valid medical card.
Also, caregivers and patients cannot transport any marijuana or its various derivatives including CBD oil in their vehicle which is a crime punishable with a $500 fine and 93 days in prison. Qualified patients however are allowed to either grow their own marijuana flowers or to use CBD enhanced oils, edibles and lotions that they may procure legally.
Where to buy CBD oil
Until further laws are written from a legal standpoint if you want to buy any CBD product whether oil or in its many other forms, do so in the state of Michigan from an authorised dispensary or from a provisioning center.
Though the law enforcement will most probably not swoop down upon you in case you buy them from say a retail shop, of which there are a few around who sell CBD products over the counter quite openly. It is a risk which you may want to avoid till the laws are written and everything is in black and white.
But if you are one of those risk takers, there are still a few places where you may buy CBD oil:
- Golden Glow CBD, Glass & Canvas shop, Niles, Michigan
- Om of Medicine, Ann Arbor, Michigan
Horrors of Buying CBD locally
Till date without proper legislation in place, many local shops were selling all sorts of cannabidiol. There is no proper checking in place to see if the product actually has less than 0.3% THC as advertised on their label or not.
As it stands, most local stores have no idea about the validity of the sources unless they have a proper third party testing certificate and buying from such places is unsafe from both the health as well as a legal perspective .
How to get CBD Oil Online
Buying it online or offline from a retail store is now allowed in the state. Do please check for a proper third party test certificate which will put you at ease regarding the quality of the product.
Final Thoughts on CBD Oil in Michigan
CBD and its products are completely legal now in Michigan. There are a few stores that sell CBD oils and other products which you may want to visit. Also, the state government is expected to further clarify its stance on the issue in the coming months.