Michigan regulators have announced that CBD products – even those derived exclusively from industrial hemp – are subject to regulation under the Michigan Medical Marihuana Act and the Medical Marihuana Facilities Licensing Act.
“Cannabidiol (CBD) comes from the marihuana plant. Based on the statutory definitions related to “marihuana” found in the Michigan Public Health Code (Act 368 of 1978), the [MMMA], and the [MMFLA], any extracts of marihuana or extracts of the marihuana plant will continue to be treated as marihuana. The possession, purchase, or sale of marihuana or any marihuana product – including CBD – must be done in compliance with the MMMA and MMFLA.” – Michigan Licensing and Regulatory Affairs May 10 Advisory Bulletin
Other products derived from industrial hemp are not subject to the MMMA and MMFLA, the bulletin says. However, it does note that the state’s Industrial Hemp Research Act “limits industrial hemp to cultivation or research and does not authorize its sale or transfer.”
“Any possession or transfer of industrial hemp – or any product claimed to be “hemp”-related – must be done in compliance with Michigan’s Industrial Hemp Research Act.” – LARA in the May 10 bulletin
The IHRA only authorizes the Department of Agriculture and Rural Development to license colleges and universities to grow hemp for research purposes. The IHRA defines hemp as “the fiber and the seed part of the Cannabis sativa L. plant.”