Oct 18, 2021
Michigan Delta-8 Products Now Regulated by Marijuana Regulatory Agency

The Michigan Department of Agriculture and Rural Development (MDARD) is reminding industrial hemp growers and processors that beginning Oct. 11, 2021, it is illegal for businesses to manufacture, possess, transfer, inventory, sell, or give away delta-8 THC or THC-O-acetate without proper licensing from the Marijuana Regulatory Agency (MRA).

Due to public health concerns and the need for rigorous testing of intoxicating cannabis compounds, the Michigan Legislature passed legislation categorizing all THC isomers of the cannabis plant (including delta-8 THC and THC-O-acetate) as marijuana.

While delta-8 THC is present in small quantities in cannabis, it can also be processed in a laboratory from CBD. Delta-8 THC binds to the body’s endocannabinoid system, causing a user to feel high, similar to the “regular delta-9 THC” of marijuana. Delta-9 THC is referenced in the 2018 U.S. Farm Bill, the United States Department of Agriculture’s final rule regarding hemp production, and Michigan’s hemp laws. While delta-8 THC has not been studied extensively, and more research is needed on the effects it has on the mind and body, the Michigan Legislature has taken steps to ensure any cannabis-derived intoxicating compounds are regulated due to public health concerns to protect public health. More information about delta-8 THC is available here.

House Bills 4744/PA 61 of 2021 and 4741/PA 58 of 2021 have updated the definitions of hemp, marijuana, and THC in Michigan’s hemp processor law (PA 547 of 2014, as amended) and grower law (PA 220 of 2020, as amended). Once updated versions of the processor and grower laws are posted on the Michigan Legislature website, links at www.Michigan.gov/IndustrialHemp will be updated.

The MRA has created a document with information about delta-8 and has made it available here. Unlicensed commercial production or sale of delta-8 THC or THC-O-acetate can be reported to the MRA by emailing [email protected]

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