Delta-8 Products Regulated by New Michigan Law

Delta-8 in Michigan is under legal revision.

Michigan Democratic Governor Gretchen Whitmer signed a bill on Tuesday that regulates delta-8 THC, a psychoactive cannabinoid made from hemp. Under the package of laws passed by lawmakers and approved by Whitmer, starting October 11, 2021, Delta-8-THC products will only be available from cannabis retailers licensed by the State Marijuana Regulator (MRA).

“This legislative package continues to show that Michigan is the role model for the nation when it comes to protecting its residents and ensuring that those who consume marijuana products do so safely,” Whitmer said in a written statement. “I am delighted that Michigan continues to lead the way in implementing and regulating a safe marijuana industry that has generated tens of millions of dollars in new tax revenue and thousands of well-paying jobs for the state. ”

More than a dozen states across the country, including New York, have passed laws banning delta-8 THC products, the popularity of which has skyrocketed since the 2018 Farm Bill was passed. Currently, Michigan unregulated Delta-8 THC goods are available at gas stations, convenience stores, and other retail stores. Because the products are not government regulated, most are not tested for contaminants such as pesticides, heavy metals, and microbial contamination.

In April, Wayne State University’s Michigan Poison Center issued a warning about Delta-8 THC, stating that the cannabinoid in products found in the state was incorrectly labeled as CBD. This was followed in June by a report from the US Cannabis Council calling the Delta-8 THC market a “rapidly expanding crisis” that “poses a public health risk with potentially greater implications than the vape crisis”.

Delta-8 legislation updates current regulations

The legislative package updates the legal definitions “relating to products derived from the cannabis plant so that all intoxicating substances are checked for safety by the national surveillance system of the MRA and tracked by the state tracking system from seeds to sale”.

One of the bills, HB 4517, amends the Michigan Regulation and Taxation of Marijuana Act to define THC and changes the definitions of “industrial hemp” and “marijuana”. The measure also requires the MRA to set a THC limit value for products intended for human or animal consumption. Additionally, the bill allows regulators with the authority to exclude tetrahydrocannabinols from the definition of THC if the MRA determines that they do not have a high potential for abuse.

Democratic Rep. Yousef Rabhi, who introduced HB 4517 in the Michigan House of Representatives, said “Michigan voters have chosen to legalize and regulate marijuana in the interests of justice and public health.” He noted that regulating delta-8-THC is a more advanced approach than an outright ban on the cannabinoid.

“We know that banning these substances is not the best way to keep the public safe. But we also know that these psychoactive compounds are currently being sold to everyone with no public health standards, regardless of age, ”Rabhi continued. “Rather than allowing these new hemp derivatives like Delta-8 to bypass our world-class regulated system, this new law will apply the same rigorous testing and trading 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 bill.

“Regulating Delta 8 rather than banning the product is a smart and progressive move that is in the best interests of public health and safety,” said Schneider. “We are grateful that medical marijuana patients will have better access to their certifying doctors and that state-licensed cannabis companies will have clearer standards and improved liability insurance coverage.”