The Michigan Legislature recently passed a law protecting the use of cannabidiol (CBD) oil derived from hemp. The legislation dovetails with the recently enacted 2018 Farm Bill, which provides that hemp is no longer an illegal substance under federal law.
State Representative, Steve Johnson, a sponsor of the Michigan legislation, stated: “CBD oil derived from hemp doesn’t get you high. It contains no more than 0.3 percent Tetrahydrocannabinol (THC). But the Michigan Department of Licensing and Regulatory Affairs (LARA) decided last summer to start classifying it the same way they do marijuana, which contains 5 to 35 percent THC.”
The new legislation clarifies that CBD oil derived from hemp falls under the definition of industrial hemp, rather than the definition of marijuana. Therefore, a medical marijuana card is not necessary to purchase CBD oil in Michigan.
Although the legislation provides welcome clarity, it does not mean that CBD oil is a completely unregulated substance in Michigan. Hemp/CBD companies need to continue to be mindful of Food and Drug Administration regulations which govern the use of CBD in food and dietary supplements. It is also anticipated that LARA will issue additional regulations regarding CBD oil. Until new federal and state regulations provide further guidance, navigating the CBD landscape will continue to be challenging.
Comments
Add a comment
Subscribe
RSS Plunkett Cooney LinkedIn Page Plunkett Cooney Twitter Page Plunkett Cooney Facebook PageTopics
- Cannabis
- Regulatory Law
- Medical Marijuana
- Zoning and Planning
- Tax Law
- COVID-19
- Coronavirus
- Environmental Legislation
- Environmental Regulation
- Public Policy
- Bankruptcy
- Commercial Real Estate
- Internal Revenue Service (IRS)
- Environmental Liability
- Environmental Protection Agency
- Energy
- Business Torts
- Commercial Liability
- Insurance
- Business Risk Management
- Banking Law
- Lending
- Solid Waste
Recent Updates
- Can Zoning Ordinances Stunt Cannabis Growth?
- Biden, Democrats Reject Cannabis Legalization for Party Platform but Back Decriminalization
- Michigan Regulatory Agency Updates COVID-19 Guidance for Cannabis Industry
- Michigan Requires Cannabis Businesses to Operate in Manner That Limits Spread of COVID-19
- Federal COVID-19 aid to Currently ‘Essential but not Eligible’ Cannabis Businesses may be Forthcoming
- Federal Treasury Inspector General Report Indicates Need for More Tax Compliance Efforts, Cannabis Business Guidance
- Michigan Governor Deems Cannabis Businesses as ‘Essential’ During COVID-19 Outbreak
- Simple Rules for Cannabis Possession in Michigan
- 2020 Presidential Election may be Best Chance to win Voter Approval for Local Cannabis Ballot Proposals
- Court Says no tax Deductions for Legally Operating Cannabis Business