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Michigan’s Position on Cannabidiol, CBD and Industrial Hemp Products

May 14th, 2018 Marijuana Laws Michigan’s Position on Cannabidiol, CBD and Industrial Hemp Products

Michigan’s Michigan Medical Marihuana Act (MMMA), and the Medical Marihuana Facilities Licensing Act (MMFLA) both contain a series of new laws that are subject to interpretation.  As medical marijuana licensing continues, LARA (Department of Licensing and Regulatory Affairs) periodically issues opinions on various matters requiring such interpretation, and recently this included the issue of CBD.

It is the opinion of LARA that the possession, purchase, or sale of CBD must be done in compliance with the MMMA and MMFLA.  This means CBD can only be purchased, used or possessed by Michigan medical marijuana licensees.

By way of background LARA advisory suggests that the cannabis plant has over 100 cannabinoids and included among them is CBD. These cannabinoids are found primarily in the flowering tops, resin, and leaves of the cannabis plant. However, CBD is found in only trace amounts within the seeds or the mature stalks.

Michigan’s state law indicates that marihuana includes:

  • 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
  • every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin

Michigan law contains exclusions as well.  According to Michigan law 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

According to LARA, marihuana does not include industrial hemp that is grown or cultivated for research  pursuant to the industrial hemp research act. It is important to understand that this limitation does not authorize the sale or transfer of industrial hemp.

Finally, it’s also important to know that LARA’s opinions and interpretations are “advisory” only.  This issue regarding CBD, and many more, will eventually need to be definitively resolved by our courts.  In the meanwhile, to avoid violating the law, it’s best to not purchase, own, use or possess CBD unless you are a Michigan medical marijuana licensee.  This includes being a Michigan medical marijuana patient.