As of March 29, the Bureau of Marijuana Regulation (BMR) joint with the Michigan Dept of Agriculture & Rural Development (MDARD) have issued guidance on CBD and Industrial Hemp in Michigan. This comes following the recent legalization back in 2018. However, as many of the rules and licences have been surrounding medical and recreational marijuana specifically, it’s also a great idea to outline the guidance on both CBD and Hemp according to LARA too.
What’s the difference?
Now, we mainly know that marijuana is made of the marijuana plant, however, it doesn’t usually refer to products made of the stalks. But when we’re talking about hemp, it refers specifically to products that are made out of the industrial hemp plant. And finally, there’s also CBD (also known as Cannabidiol in the long form), and this is a substance is a product of marijuana plants, but it does not have psychoactive effects, that the other forms do.
Guidance from the Bureau of Marijuana Regulation
First of all, it’s important to note that the BMR have expressly stated that only the facilities they’ve licensed under the MMFLA can grow or process or sell marijuana or any marijuana products on a commercial basis.
The BMR has also stated that they do not regulate marijuana or any marijuana products that have been either grown or produced by medical marijuana patients or their caregivers (under the MMMA), or anyone under the age of 21 (under the MRTMA).
The specific guidance that has come from the BMR on both CBD and hemp are as follows;
- Only CBD products that have been produced by marijuana can be regulated if their THC content is above 0.3%.
- Only edible forms of marijuana that contain CBD that is made by licenced producers and obtained from sources that are also regulated (i.e. those that are licenced under the Michigan state MMFLA) are accepted as legal.
- At this point, the BRM (under both the MMFLA and MRTMA) is in the process of drafting the rules for how growing industrial hemp can be transferred to licensed facilities for sale. Therefore, until he rules are finalized, it is not authorized for industrial hemp to be accessed by licensed dispensaries.
Guidance from the Michigan Department of Agriculture and Rural Development
Initially, it must be noted that the MDARD require growers of industrial hemp to have a licence issued by them. The licensing process is currently in the development phase to ensure that it meets both state and federal laws.
At this point, the guidelines as outlined by the MDARD, also covering both CBD and Hemp are as follows;
- Only products deriving from industrial hemp that have a THC content or 0.3% will be classified as legal and regulated under LARA.
- Industrial hemp products, including CBD oil that are added to food or drink or marketed as supplements must be approved by the U.S. Food and Drug Administration. And note, the FDA has not approved CBD as a dietary supplement when used in food or drink – making it illegal to do so.
- The current GRAS (Generally Regarded As Safe) substance that are approved by the FDA to add to food, include hulled hemp seeds, hemp seed protein and hemp seed oil.