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Is CBD Legal in Michigan? CBD Laws 2022

Is CBD Legal in Michigan? CBD Laws 2022

Is CBD legal in Michigan? Per Michigan state legislations and the 2018 federal Farm Bill, CBD is legal to grow, manufacture, purchase, possess and use in Michigan. 

CBD is legal in Michigan, and there are no legal age restrictions when purchasing hemp-derived CBD oil.

But, federal and state laws differ with regards to CBD legality — while industrial hemp-derived CBD products are legal for anyone of any age to produce, purchase, possess or use, marijuana-derived CBD is still on the federal government's list of controlled substances. 

CBD Laws in Michigan: What You Need to Know

Four pieces of legislation (three state-wide and one federal) stipulate Michigan CBD laws and regulate the production and use of cannabis and hemp in the state of Michigan:

  1. Michigan Compassionate Care Initiative – In 2008, The Michigan State Legislature failed to pass the Michigan Compassionate Care Initiative despite the submission of a petition signed by sufficient supporters — so, the vote went to the November 2008 ballot, where 63% of Michigan residents voted to legalize medical marijuana. The law allowed patients with qualifying health conditions to grow their own plants, but it didn’t legalize dispensaries. However, dispensaries still opened, operating in a legal gray area until a 2016 executive order by then-Governor Rick Snyder set regulations for the state’s medical marijuana market. 
  2. The Farm Bill – In 2018, the US changed existing laws governing hemp products via the Agricultural Improvement Act. The legislation legalized the growing, production, sale and use of industrial hemp products (cannabis products featuring 0.3% or less THC content) and all of their components — including hemp-derived CBD products, like hemp-derived CBD oil. The bill also made it legal for anyone of any age to purchase and possess hemp-derived products. These limited age restrictions contradicted numerous state laws governing marijuana products at the time. 
  3. Proposal 1 – In 2018, Michigan voters legalized recreational marijuana growth, production, purchase, possession and use by anyone over the age of 21. Since CBD can be a marijuana-derived product, CBD sourced from the marijuana plant was legalized as a part of Proposal 1. Users may possess up to 2.5 ounces of marijuana at a time, but consumption is only allowed in private areas. 
  4. The Industrial Hemp Research and Development Act – Simply put, this 2019 legislation aligned Michigan state laws regarding industrial hemp with the Farm Bill’s federal regulations. Both laws prohibited CBD providers from marketing the substance as a health supplement and adding hemp-derived CBD to food and beverage products. In the US, CBD edibles and infused drinks must only contain CBD extracted from non-industrial hemp sources, but this is difficult to enforce. 

Since recreational marijuana use is legal in Michigan and the Farm Bill legalized industrial hemp and products derived from it nationwide for people of all ages, CBD is legal and available in Michigan.

But, anyone under 21 who’s interested in purchasing CBD should take note of an important distinction: 

  • Industrial hemp CBD – CBD oil derived from industrial hemp is legal for anyone of any age under the Farm Bill. However, CBD products derived from industrial hemp may not be added to food and beverage products in Michigan. So, even if a dispensary allows you to purchase CBD edibles or a CBD-infused beverage under the age of 21, you may still be breaking the law by possessing these items. 
  • Non-industrial hemp CBD – CBD derived from non-industrial hemp sources (marijuana) is legal for anyone over the age of 21 per Proposal 1, Michigan’s recreational marijuana legislation. CBD from non-industrial hemp sources may be added to food and beverage products, but these products are usually subject to the state’s age restrictions, preventing adults between the ages of 18 and 20 from purchasing them. 

Is CBD Legal in Michigan?

Is CBD oil legal in Michigan? Yes — both Michigan’s Proposal 1 and the US Farm Bill (both passed in 2018) stipulate legal growth, production, purchase, possession and use of CBD and other cannabis products. 

Following the Agricultural Act of 2018, also known as the Farm Bill, Michigan legalized the production and sale of industrial hemp and CBD products. The Farm Bill also removed hemp and cannabis Sativa that contains no more than 0.3% THC from the Controlled Substances Act.

But, per Proposition 1, Michigan producers can add marijuana-derived CBD products (and other marijuana-derived cannabinoids, like THC) to food and beverage products available to consumers. 

Can I Buy CBD in Michigan?

Consumers can purchase hemp-derived and marijuana-derived CBD across Michigan. 

Marijuana-derived CBD products can be bought by those who are 21 years or older, and consumers can possess 10 ounces of marijuana CBD when at home. Hemp-derived CBD products can be purchased by those of any age. 

CBD products available in Michigan include:

  • Tinctures
  • Lotions
  • Wax
  • Vape liquids
  • Pet products

That said, consumers cannot purchase food and beverage products infused with industrial hemp-derived CBD. So, CBD edibles and drinks will almost always be infused with marijuana-derived CBD. 

Can I Buy CBD Online?

Michigan residents can buy CBD online and have their products delivered to their homes. Buying CBD online provides consumers with convenient purchasing options as well as visibility into the production of the CBD product.

Reputable retailers like Zebra CBD can verify the product label and detail the potency of certain cannabinoids, THC content and contaminant levels with a Certificate of Analysis (COA). The COA is verified by a third-party lab to ensure the product meets content claims.

Can I Buy CBD at a Dispensary?

The number of dispensaries and licensed retailers that sell CBD are growing in Michigan. However, consumers must be at least 21 years old to purchase CBD at a dispensary.

Fortunately, CBD is also available at licensed health food stores, vape shops and CBD boutiques across the state.

Legal Status of CBD in Michigan

CBD is legal in Michigan, and there are no legal age restrictions when purchasing hemp-derived CBD oil. But, marijuana-derived CBD products may only be purchased by people 21 years of age or older. 

CBD laws in Michigan are liable to change as federal and state regulations develop. 

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.

FAQ

1. Is CBD legal in Michigan?

Yes, CBD products are legal in Michigan when sold by licensed cannabis retailers.

2. How old do you have to be to buy CBD in Michigan?

There are no legal age restrictions when purchasing hemp-derived CBD in Michigan. However, marijuana-derived CBD products may only be purchased by consumers who are at least 21 years of age.

3. Can I sell CBD products in Michigan?

Licensed cannabis producers and processors can sell CBD products that have undergone state-required testing and screening for cannabinoid potency and toxin levels.

Source: 

Marijuana Policy Project.Michigan. https://www.mpp.org/states/michigan/

Marijuana Policy project. Michigan’s Adult-Use Marijuana Regulation Law. https://www.mpp.org/states/michigan/michigans-adult-use-marijuana-regulation-law/

Congress.gov. H.R. 2 – Agriculture Improvement Act of 2018. https://www.congress.gov/bill/115th-congress/house-bill/2/text