Why Is Michigan State Saying CBD Oil Is Illegal?
The Shock Factor
It pretty often that tabloid style news outlets feature articles with head-turning headings. They bring the shock factor and make you want to read them (despite your best judgements).
There also the people who dont actually read the articles and find themselves mislead. Once read, you could find the headline is usually only half the story or a far stretch from the truth. And, in other unrelated news… Michigan State Officials have reportedly claimed that CBD Oil is in fact illegal.
Changes in Law
New legal framework that was created by the 2018 U.S. Farm Bill seen cannabidiol or CBD no longer considered to be marijuana in the state of Michigan. It was due to take effect in March and basically meant any CBD with less than 0.3% THC by dry weight was considered hemp.
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The changes in law came about following May 2018 when officials at the Department of Licensing and Regulatory Affairs announced that they regarded CBD oil to be the same as marijuana. This understandingly sparked a backlash from a number of users who werent fond of the idea of having to get a medical marijuana card to obtain a product that contained little to no THC.
Michigan’s Licensing Agency
Back in May 2018, Michigan’s licensing agency decided that people who buy or sell CBD oil must conform to the state’s medical marijuana laws. This ruling lead to widespread confusion and anger among both buyer and sellers of CBD oil in the state.
So, What is Michigan State Saying?
Officials have advised Michigan residents that CBD foods and drinks infused with CBD oil are not quite legal yet. The laws in Michigan however are confusing to say the least, in fact as of December 2018 it became legal to possess recreational marijuana in the state- but you just cant sell it. Since this legalization and the 2018 U.S. Farm Bill there been a proliferation of CBD products across the state.
As it stands, the state of Michigan await federal rules for hemp and CBD oil and this is the guidelines they have issued…
1. CBD to be Treated the Same as Hemp
This is of course as long as the THC content is under 0.3%; anything above is considered to be marijuana and not hemp.
2. Youll Need a Medical License for Edibles
For now CBD edibles can only be extracted and made by regulated sources, those being medical marijuana license holders. This also means they can only be sold to registered medical marijuana patients.
3. CBD in Food and Drink is Illegal
For food or drink to be infused with CBD oil, it first needs to be approved by the FDA (U.S. Food and Drug Administration). The FDA has yet to set out rules for Michigan so it is technically illegal at this time.
4. No Industrial Hemp Program Until 2020
Michigan Department of Agriculture and Rural Development are currently waiting on the FDA to write it hemp programme regulations so they can come up with their own set of rules. But, this wont be happening until 2020.
What This Means…
So far in Michigan restaurants and cafes attempting to sell CBD infused food or cocktails have been shut down, but it is unlikely they will face a criminal charge. The only crux is that they may face scrutiny in future if they attempt to seek a hemp license.
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Lawyer and president of the Michigan Medical Marijuana Association, Michael Komorn says the whole thing is “Fascinating… “It not a crime, it a regulatory fine. You wont get arrested, but it may prevent you from getting a license to do that in the future.â€
For the average person buying CBD products or CBD infused food or drink the chances are that youll not be getting chased down by officials anytime soon…
