CBD Oil Michigan

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If you currently sell CBD products or are interested in selling CBD products, call the CBD and MMJ Attorneys at Scott F. Roberts Law today for a free business consultation. Looking to buy CBD in Michigan? Read this in-depth article to familiarize yourself with the local laws and find the best nearby suppliers!

Is CBD Legal in Michigan?

Due to legal and regulatory changes in the industry, including the 2018 Farm Bill and recent changes in the implementation of Michigan’s 2014 Industrial Hemp Research Act, the information contained in this Article may no longer be accurate. Please contact an attorney before relying on any information contained in this Article. For more information on cultivating hemp, or the Hemp Pilot Program in Michigan, check out our recent article .

As we discussed in our last article, CBD: One Step Forward, Two Steps Back , LARA, the state’s licensing agency, has announced that it considers CBD to be subject to the same regulations as other Marijuana derived products. During a recent LARA Live webcast featuring Andrew Brisbo, the LARA Director of Bureau of Medical Marijuana Regulation, Mr. Brisbo danced around the questions of whether all CBD products are now regulated the same as other marijuana derivatives, like distillate.

The first question asked to Mr. Brisbo was essentially “what gives you the right to do this without any legislation?” His response was that CBD is a derivative of the cannabis sativa plant, and that CBD would now be included in this definition, even if produced from a hemp plant with little to no THC. He said that the federal definition of Marijuana, which finds that cannabis sativa with less than 0.3% THC is not considered regulated Marijuana, is only incorporated into the Michigan’s hemp laws but not its marijuana laws. For its marijuana laws, there is no “THC qualifier”, so in Michigan, any derivative of the cannabis sativa plant other than from sterilized seeds, oil from seeds, and mature stalks is considered a controlled substance.

Confused yet? Here is what he was really saying: CBD derived from cannabis sativa is regulated the same as Marijuana. What he didn’t mention, and what you needed to read between the lines to catch, is that under this definition, CBD derived from the mature stalks or sterilized seeds is legal in Michigan and not subject to the state’s Marijuana laws . This position is in line with the DEA’s position on CBD extracts.

That begs the question—how is LARA going to enforce its interpretation of the state’s Medical Marijuana laws, especially when some CBD products are legal and other almost identical products are not?

Unlike certain other departments, such as the Department of Natural Resources’ Conservation Officers, there is no “LARA police” to enforce the CBD ban. While LARA does have inspectors and examiners, as well as an enforcement division, this division is focused on investigating complaints on licensees and licensed establishments. LARA’s power in this way is limited. Similar to the Bureau of Medical Marijuana Regulation, there is a Liquor Control Commission within LARA that regulates the sale of alcohol. One of LARA’s primary enforcement tool for enforcing liquor laws is the revocation, suspension or of that person’s liquor license. However, the Liquor Control Commission relies on other law enforcement activities to prevent or control the sale of alcohol by unlicensed individuals. In other words, for activities that fall outside this focus, LARA requires the help and assistance of state or local law enforcement.

The bottom line is that if you are a medical marijuana business licensee under LARA, LARA could use its power over licenses and licensees to enforce its CBD ban against you or your company. But this also means that if you do not hold any licenses regulated by LARA, there is currently not much LARA can do at this point.

In his LARA live interview, Mr. Brisbo even said that “when it comes to enforcement of unlicensed activity, that’s really a law enforcement function.” Given that state and local police have yet to show any interest in going after CBD sellers or buyers, that CBD is by all accounts a very popular medicine and treatment, and that prosecutors would need to prove that the CBD was illegally derived in each case, a statewide crackdown is unlikely anytime soon. And a crackdown right before an important and contentious state election in 2018, at least on the state level, seems virtually impossible.

So if this ban has little to no teeth, why did Mr. Brisbo even bother with it? I can see three reasons. First, a recent case governing the federal interpretation of the Controlled Substances Act found that CBD was covered by the Act. Mr. Brisbo is announcing to the public that he reads Michigan’s laws restricting Marijuana, as well as the state’s legal definition of marihuana in the Public Health Code, as including CBD. While he lacks the power and political will to enforce this position at the moment—or as his interviewer stated in LARA Live—“this isn’t the law enforcement ‘time’”—that will likely change unless action is taken to change Michigan’s current marijuana laws.

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Second, he is concerned with the unregulated nature of the CBD market and thinks state government should have the power to step in to protect consumers. He mentioned these concerns recently at the Cannacon conference in Detroit, and he may have a point.

The final reason? To help MMFLA licensees! While the reaction from the Michigan Cannabis industry to the CBD ban was visceral, I actually see it at as Mr. Brisbo throwing Michigan MMJ companies a bone. Essentially, the ultimate effect of the ban will be to prevent stores and individuals not licensed under the MMFLA or MMMA from selling CBD. This means that, absent caregivers, dispensaries would be the only place to buy legal weed AND legal CBD. With the market for CBD growing in popularity seemingly by the month, this guidance could have a big effect on licensees down the road—for better or for worse.

If you currently sell CBD products or are interested in selling CBD products, call the CBD and MMJ Attorneys at Scott F. Roberts Law today for a free business consultation.

Where to Buy CBD in Michigan in 2022

The CBD industry is brand new and constantly changing. As a result, there are a ton of companies that are trying to make a quick buck from the sudden surge of people buying CBD.

It’s essential that you educate yourself on the laws and regulations regarding CBD, so you don’t fall victim to these shady companies.

This article will clear up any concerns you might have about the law and point you in the direction of reliable suppliers in Michigan.

5. All Cannabis Products Legal Except Δ8

Table of Contents

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  • Royal CBD Oil— Best CBD Oil Overall
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  • CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
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What is CBD?

CBD (cannabidiol) is a compound found in marijuana and hemp plants. CBD is separate from THC, which is the part of marijuana that causes the user to feel high.

CBD is useful as a treatment for many different medical conditions and offers relief from seizures, pain, anxiety, and inflammation. Researchers have discovered more medicinal applications as the Federal Government relaxes the laws regarding marijuana and increases research funding.

Flowering marijuana plants will produce CBD that contains higher levels of THC; this means that you will probably experience the high associated with marijuana if you use these products.

On the other hand, CBD derived from industrial hemp contain only trace amounts of THC (usually less than 0.3%) and won’t get you high. These products are a great way to take advantage of the benefits of CBD without worrying about psychoactive effects.

The laws regarding CBD change from state to state and largely depend on the source.

So, let’s take a look at the laws in Michigan.

Is CBD Legal in Michigan in 2022?

YES! CBD is legal to purchase across the Great Lake State. As mentioned earlier, however, the laws change if your oils are marijuana- or industrial hemp-derived.

If you are approved for a medical marijuana license, you can purchase marijuana-derived CBD from your local dispensary.

But, without a medical marijuana license, there is currently no legal way to obtain these CBD products in Michigan.

However, this is not the case with CBD products made using industrial hemp.

Since 2018, CBD derived from industrial hemp has been legal to purchase across the United States thanks to the Agricultural Act.

When the Federal Government passed the Agricultural Act, it took industrial hemp off of the list of controlled substances; this meant that farmers were now legally allowed to grow hemp to produce paper, fuels, clothing, food, and extracts.

How to Buy CBD in Michigan

You should have no problem tracking down your favorite CBD products in Michigan. Now that marijuana is legal, you will see CBD pop up in stores across the state.

However, you need to take care when purchasing CBD. This is because some companies are using CBD’s sudden rise in popularity to take advantage of uneducated customers.

So don’t waste your money on low-quality CBD products. Here are a few tips for finding high-quality products online and in-store.

How to Protect Yourself from Shady CBD Companies

  1. Only purchase from companies that have had their products tested by an outside lab.The Food and Drug Administration has found that some products claiming to contain CBD have a CBD content of nearly 0%. Don’t get scammed into buying from one of these companies.
  2. Double-check the THC content. Currently, only industrial hemp CBD is legal in all 50 states. Make sure the company isn’t dodging any local laws or regulations before placing an order.
  3. Buy products that are made using CO2 extraction. CO2 extraction is by far the cleanest way to make CBD products. It doesn’t require any additional solvents or heat to extract CBD from the plants. This means that your product will be pure and shouldn’t contain any unwanted chemicals.
  4. Avoid the cheapest stuff you can find. Making CBD products is technical and careful work. The cheapest options on the market aren’t the best choice for a product used to boost your overall health.
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If you do your research before making a purchase, it’s easy to find a trustworthy supplier of CBD in Michigan.

Check out our guide for buying CBD online below.

1. Online Shops

Buying CBD online will save you time and money. There are many reliable suppliers for all your CBD needs just a click or two away.

Shopping online for your CBD offers many benefits that make your life easier.

First of all, there is no need to drive all around the city to find the products you want. There is a huge variety of CBD products available online (creams, lotions, tinctures, wax, etc.) to suit your personal needs.

Second, online suppliers will send your CBD products straight to your door. Are you starting to run low? No problem, place an order with your favorite store and it’ll show up on your steps in a matter of days.

Third, shopping online is almost always less expensive than going to a store. Buying directly through the supplier cuts out the middleman, which allows the savings to be passed directly onto you.

Lastly, you can easily look up information about the supplier and make your purchase with confidence. As a health supplement, you want the best CBD you can find. Making your purchase online allows you to quickly do a background check on the supplier and make sure they are the real deal.

However, there are many stores in Michigan that can help you with your CBD needs. So, if you would prefer to check out CBD products near you, take a look at our list below for a few reliable recommendations!

2. Local Stores in Michigan

Now that recreational marijuana is legal in Michigan, you will be seeing a ton of shops around the state selling CBD over the counter.

If you are a medical marijuana patient, your best bet is always your local dispensary.

For those of you waiting for recreational dispensaries to open up, you’re looking at about two years before they’re ready for business.

But if you can’t wait that long, don’t stress! You should still be able to find industrial hemp CBD in vape stores and natural health retailers.

Is Marijuana Legal in Michigan in 2022?

In November 2018, Michigan joined a growing number of states that have legalized marijuana for recreational use. A medical marijuana program has been in place for nearly a decade already.

Michigan has generally been pretty relaxed when it comes to marijuana. The city of Ann Arbor decriminalized marijuana possession in 1971. Back then, the fine for possession was only $5 (approximately $30 in today’s standards).

If you require marijuana for medical purposes, Michigan is one of the best places to be in America. Here’s why …

Medical Marijuana

Michigan first passed a medical marijuana law in 2008. Voters passed Proposal 1 with a 63% majority.

This result led to the creation of the Michigan Medical Marijuana Act, under which eligible patients can legally grow up to 12 plants and have a maximum of 2.5 ounces.

Unfortunately, these numbers might be reduced as legislators weigh the Michigan Cannabis Safety Act (House Bills 5300-5302). If passed, the number of plants goes from five to one, among other measures that make the job more difficult.

You can also apply to be a licensed medical marijuana grower. Anyone can do this. However, there are a few circumstances that automatically make an applicant ineligible.

You Cannot Apply to Be a Medical Marijuana Grower If You:
  1. Have not been a resident of Michigan for the past two years.
  2. Have already filed a knowingly false application to become a grower in the past.
  3. Are a member of the Medical Marijuana Licensing Board.
  4. Have been convicted of a felony within the past ten years.
  5. Have been convicted of a misdemeanor involving a controlled substance, theft, dishonesty, or fraud in any state within the last five years.
  6. Are unable to obtain premises liability and casualty insurance.
  7. Are an elected official.

If any of these apply to you, then, unfortunately, you can’t currently become a legal, medical marijuana grower in Michigan.

However, if you are approved for a growing license, then you can provide marijuana for up to five patients. This number rises to six if you are also a patient.

That means, if you are a licensed medical marijuana grower in Michigan, you could potentially grow up to 72 plants.

Pretty awesome, hey?!

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How do I get Medical Marijuana in Michigan?

If you wish to become a medical marijuana patient in Michigan, the process is relatively simple.

First, you will have to meet the following basic criteria:

  1. 18 years of age or older
  2. Resident of Michigan
  3. Possess a valid form of Michigan-issued ID (driver’s license, voter registration card, or personal identification card)
Additionally, you must have one of the following eligible medical conditions:

If you fit those qualities, then you will need to download and complete the Michigan Medical Marijuana Program application found here and schedule an appointment with a state-licensed marijuana doctor.

Unfortunately, the state doesn’t provide a list of approved doctors, so you will have to do the legwork yourself and reach out to local physicians.

There is a $60 fee for applying.

If you are interested in medical marijuana, consult your family doctor for more information.

Recreational Marijuana

Congratulations Michigan — recreational marijuana was made legal on December 6, 2018.

Although marijuana is now legal for recreational purchases, it might be tough to get your hands on legal weed at the moment. You likely won’t see any recreational dispensaries opening until 2020.

It will take some time before the state establishes a legal framework for recreational marijuana.

The new Michigan Recreational Marijuana Bill allows:

  1. People aged 21 or older to purchase, possess, and use marijuana.
  2. Growing up to 12 plants for personal use.
  3. Transporting up to 2.5 ounces in secure containers and having up to 10 ounces at home.

However, there are conditions. For instance, a landlord is allowed to prohibit the use or cultivation of marijuana on their properties, and your boss can still fire you for using marijuana.

You may not smoke marijuana in public.

Is Delta 8 THC Legal in Michigan in 2022?

Michigan has banned delta 8 THC. You won’t be able to access this cannabinoid until the state changes its laws.

Other states have banned delta 8 because it’s so similar to delta 9 THC. Even though the health benefits are similar, it also causes a high (but it’s milder and less likely to cause side effects).

Even though adults in Michigan have access to marijuana, many prefer delta 8 simply because it’s more mellow and less psychoactive. This is especially important for those prone to anxiety.

Why would a state ban delta 8 when marijuana is legal? There are a few reasons. Delta 8’s extraction process has some people concerned that it’s a synthetic cannabinoid. It occurs naturally, but in too small amounts to be useful. A special process speeds things up, allowing for larger amounts to occur quicker. Does this make delta 8 synthetic? No, but lawmakers like to use it as a way to ban it.

Another reason delta 8 gets banned is due to the lack of research on it. Public safety is another concern that causes states to outlaw delta 8. Again, there’s little reason to be afraid of it; after all, studies show delta 9 is relatively safe, and delta 8 acts on our body in pretty much the same way.

How to Buy Delta 8 THC

You can’t buy delta 8 THC in Michigan, but if you travel or if the laws change, you’ll need to keep a few things in mind.

  1. Always check for third-party tests
  2. Read customer reviews

Delta 8 is unregulated, and anyone can sell whatever they want. This puts you at risk, and at best is a waste of money. Who wants to spend money on delta 8 and then be disappointed with the results?

You’ll find the best delta 8 online, and the product selection will keep you busy for a long time. It works out perfectly — you’ll also save money, which means you can buy more and test them all out.

Check out the following companies for the highest-quality delta 8 around:

Recommended CBD Retailers in Michigan

Detroit

Grand Rapids

Ann Arbor

Head into one of these shops and ask them for their advice.

However, once recreational dispensaries open up, they will be your most reliable source for CBD products locally.

If you don’t see your city on our list, try the vape shops in town or take a look online!

Final Notes on Buying CBD in Michigan

With recreational marijuana now legal in Michigan, the Great Lake State is well on its way to becoming a hot spot for CBD.

If you are interested in marijuana-derived CBD products, you will need a medical marijuana license to purchase them legally for the time being.

Until the recreational dispensaries open, you can legally purchase industrial hemp CBD today! We always recommend making your purchase through a reliable online supplier, but you shouldn’t have any trouble tracking it down in-store.

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