Delta-8: Is It Legal in Michigan?

September 06, 2021 Blog No Comments »

Delta-8 in Michigan

Delta-8 offers consumers the perfect way to enjoy something with a little more psychoactivity than CBD but without the intense effects of regular THC. Some people call delta-8 “THC Light,” the “New THC,” or even a “Businessperson’s High.”

And since delta-8 is derived from legal industrial hemp, you won’t have to wait in line at the dispensary and pay exorbitant prices for it. You can buy delta-8 products online and have them shipped directly to your home.

But if you live in the Great Lakes State, you may be wondering if Delta-8 is permitted in your area. We have some great news for you: Delta-8 is legal in Michigan.

Let’s check out the details of Michigan’s regulations for hemp and hemp-derived products like delta-8.

Michigan’s Industrial Hemp Research and Development Act

Act Number 641 of Michigan’s House Bill 6330 echoes the text of the federal Farm Bill in its definition of legal hemp and hemp-derived compounds. Published on January 15th, 2019, the Act states:

(i) “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

Michigan’s Official Definitions of Hemp and Marijuana

Both hemp and “marijuana” are cannabis plants. The term marijuana or marihuana was a racist term applied to the plant to further the interests of wealthy industrialists during the 1930s. Unfortunately, old habits die hard, and the United States federal and state governments still use the term.

Historically, lawmakers defined hemp according to its appearance. Hemp plants, traditionally used for fabric, rope, paper, and other industrial uses, grow tall with an exceptionally woody stem that’s ideal for fiber. In the 2018 Farm Bill text, legislators redefined hemp as cannabis plants that contain less than .3% THC. Michigan law conforms with the Farm Bill’s definition.

Michigan distinguishes between industrial hemp and traditional “marijuana” plants in Public Health Code Act 368, originally published in 1978. The definitions appear in section 333.7106, and the state’s definition of hemp is identical to the text above from the Industrial Hemp Research and Development Act. Michigan’s definition of “marijuana” is as follows:

(4) “Marihuana” means all parts of the plant Cannabis sativa L., growing or not; the seeds of that plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. Marihuana does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination. Marihuana does not include industrial hemp.

You can find Michigan’s list of controlled substances in section 333.7212 Schedule 1. Some state authorities argue that delta-8 is a synthetic substance because manufacturers can create the compound by isomerizing CBD extract. This notion is false. Delta-8 is a naturally occurring cannabinoid found in all industrial hemp plants. Michigan specifically omits delta-8 from its definition of synthetics.

(d) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis and synthetic substances, derivatives, and isomers with similar chemical structure or pharmacological activity, or both, such as the following, are included in schedule 1:

  • (ii) Delta-6 cis or trans tetrahydrocannabinol, and their optical isomers.
  • (iii) Delta-3, 4 cis or trans tetrahydrocannabinol, and their optical isomers.

Delta-8 legality in Michigan


Cannabis Legalization in Michigan

Fortunately, Michigan joined the list of legal cannabis states in November of 2018, when 55.9% of the state legislators voted “yes” on Proposal 1. Michigan became the first midwestern state and the 10th state in the nation to legalize recreational cannabis.

According to Proposal 1, any adult over 21 may possess 10 ounces of cannabis at a private residence and transport up to 2.5 ounces for personal use. However, consuming cannabis in public spaces remains prohibited in Michigan.

For now, delta-8 is still legal in Michigan. However, many states, even ones with legal recreational cannabis, have passed bans on hemp-derived delta-8. Now is the time to stock up on your favorite delta-8 products.

Where to Buy Delta-8 Products Online in Michigan

Industrial Hemp Farms ships our superior-quality delta-8 products to all states where the compound is permitted, including Michigan. We carry a wide selection of delta-8 infused items, including:

If you need help selecting delta-8 products, please contact us here at Industrial Hemp Farms. Our friendly support team will be happy to assist you.

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