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Michigan Regulators Clarify CBD Rules Under State Cannabis Programs

Detroit skyline with the MacArthur bridge leading to Belle Isle and Detroit Boat Club in the foreground.Detroit skyline with the MacArthur bridge leading to Belle Isle and Detroit Boat Club in the foreground.

Michigan regulators have announced that, as per federal law, hemp-derived CBD foods and beverages can only be distributed via licensed cannabis dispensaries. Other industrial hemp products, however — such as hulled hemp seeds, hemp seed protein, and hemp seed oil — can be produced and sold commercially in the state.

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In accordance with federal rules, CBD not produced under Michigan’s medical or recreational cannabis guidelines cannot be added to food and beverages in the state, the state Bureau of Marijuana Regulation and the state Department of Agriculture and Rural Development clarified in a joint guidance last week.

“Any substances that will be added to food or drink or marketed as dietary supplements must first be approved by the U.S. Food and Drug Administration for that intended use. At this time, the FDA has not approved CBD for use in food or drink or as a dietary supplement. Therefore, it’s currently illegal to add CBD into food products or drinks or sell it as dietary supplements.” – Michigan Offers Guidance on CBD and Industrial Hemp document published March 29

The state will allow CBD food and drinks to be sold to consumers 21 and older and those enrolled in the state medical cannabis program at retail dispensaries.

The document clarifies that several industrial hemp-derived products, such as hulled hemp seeds, hemp seed protein, and hemp seed oil, are considered Generally Regarded As Safe by the FDA and are permitted to be produced and sold commercially in the state.

The agencies are still writing rules pertaining to how products grown under the state’s Industrial Hemp Research and Development Act will be transferred to state-licensed cannabis producers.

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