Delta-8 Products Regulated by New Michigan Law

As of June 8, 2018, the Michigan legislature passed House Bills 4277 and 4281, which would establish a licensing program for the manufacture, marketing, and distribution of delta-8-THC- or delta-9-THC-based products. The legislation would also establish a framework for licensing, regulating, inspecting, and monitoring the manufacture, wholesale, and retail distribution of the products.

On October 15, Michigan Governor Rick Snyder signed into law the Michigan Medical Marihuana Act, calling for drug testing of all employees of medical cannabis dispensaries. Without question, the law will have a huge impact on popular cannabis products available in Michigan.

Delta-8 in Michigan gets legislative approval.

Michigan’s Democratic governor, Gretchen Whitmer, signed a bill Tuesday to regulate delta-8 THC, a psychoactive cannabinoid derived from cannabis. According to the package of laws passed by the legislature and approved by Whitmer, products containing delta-8 THC may be sold from the age of 11. October 2021 can only be legally sold in retail outlets licensed by the state’s Marijuana Regulatory Authority (MRA).

This package of bills shows that Michigan is setting an example for the rest of the country when it comes to protecting residents and ensuring the safety of those who use marijuana products, Whitmer said in a written statement. I am pleased that Michigan continues to lead the way in establishing and regulating a safe and reliable marijuana industry that has already brought the state tens of millions of dollars in new tax revenue, as well as thousands of well-paying jobs.

More than a dozen states across the country, including New York, have passed laws banning products containing THC delta-8, which has skyrocketed in popularity since the 2018 Farm Bill. Currently in Michigan, unregulated products containing Delta-8 THC can be found in gas stations, convenience stores and other outlets. Since these products are not regulated by the government, most are not tested for contaminants such as pesticides, heavy metals and microbial contamination.

In April, the Michigan Poison Center at Wayne State University warned about Delta-8 THC because this cannabinoid was mislabeled as CBD in products in the state. The decision follows a June report by the US Cannabis Council, which called the THC Delta 8 market a rapidly spreading crisis that poses a risk to public health and could have greater consequences than the vape crisis.

Delta-8 Updating of legislation Existing regulations

The legislative package updates the legal definitions of products derived from the cannabis plant so that all toxic products are tested for safety by the state’s MRA monitoring system and tracked from seed to sale by the state’s tracking system.

One of the bills, HB 4517, amends the Michigan Marijuana Regulation and Taxation Act to define THC and changes the definitions of industrial hemp and marijuana. The measure also requires the Ministry of Agriculture to set a limit on THC content in products intended for human or animal consumption. In addition, the bill allows authorities to exempt tetrahydrocannabinols from the definition of THC if the MRA determines that they do not have a high abuse potential.

Democratic Representative Yousef Rabhi, who filed HB 4517 in the Michigan House of Representatives, said Michigan voters have decided to legalize and regulate marijuana in the interest of fairness and public health. He noted that regulation of delta-8 THC is a more progressive approach than a total ban on the cannabinoid.

We know that banning these substances is not the best way to ensure public safety. But we also know that these psychoactive substances are now being sold to everyone, regardless of age, with no regard for public health standards, Rabhi added. Instead of allowing these new cannabis derivatives like Delta-8 to bypass our highly regulated world-class system, this new law would apply the same rigorous testing and trade standards that currently protect consumer safety in the legal marijuana market.

Robin Schneider, executive director of the Michigan Cannabis Industry Association, welcomed Whitmer’s decision to sign the legislative package.

Regulating Delta 8 rather than banning the product is a reasonable and progressive step toward public health and safety, Schneider said. We are grateful that medical marijuana patients have better access to their certified doctors and that state-licensed cannabis businesses have clearer standards and better liability insurance.

Frequently Asked Questions

The Delta 8 cartridges are legal in the United States.

Is Delta 8 a controlled substance?

Delta 8 is not a controlled substance.

Delta 8 is legal in all 50 states.

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