Michigan To Regulate Cannabidiol As Marijuana Amid Confusion On Hemp Products Prohibition


The Michigan Department of Licensing and Regulatory Affairs clarifies that cannabidiol falls under the term "marijuana" as stated in applicable and existing laws within the state.

Cannabidiol Within The Scope Of Term 'Marijuana'

On May 11, LARA-MI issued an advisory bulletin highlighting that CBD, a cannabis compound that treats ailments without making the patient high, is statutorily defined as marijuana under the Michigan Public Health Code Act 368 of 1978, the Michigan Medical Marijuana Act, and the Medical Marijuana Facilities Licensing Act.

This means that purchase, sale, or the mere possession of CBD oil should only be lawful within the guidelines set under these statues. First, it will be illegal for anyone to take CBD if he or she is not a medical marijuana card holder. Second, only CBD extracted from marijuana is allowed for sale and those extracted from hemp are prohibited.

Michigan Advisory For Lawful CBD Use

The advisory highlights that as the Michigan state law stipulates, the statutory term marijuana pertains to the whole part of the plant Cannabis sativa L., may it be growing or not. Marijuana also pertains to the seeds of the plants and the resin extracted from any part of the plant. The term also comprises every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds, or its resin.

On the other hand, the term "marijuana" does not encompass the mature stalks of the plant, the fiber produced from the stalks, and the oil or cake made from the seeds of the plants. The term also excludes any other compound, manufacture, salt derivative, mixture, or preparation of the mature stalks.

With this definition, the LRA considers cannabinoid within the scope of the term marijuana as the ingredient is most abundant in the flowering tops, resin, and the leaves of the cannabis plant.

The advisory emphasizes that there might be traces of cannabinoids found on the surface of seeds and mature stalks, but this has only been the case because of its contact with the resin produced by the Cannabis sativa.

The advisory bulletin also elucidates that the term hemp is exclusively used in state law as part of the Industrial Hemp Research Act, which authorized the growing and cultivating of industrial hemp for research purposes only.

Marijuana-Based CBD oil

Early this month, a panel of medical experts approved arthritis, obsessive-compulsive disorder, spinal cord injury, and chronic pain to be added to the list of medical conditions where the use of medical marijuana is allowed.

The experts, however, excluded mental health disorders. Anxiety and depression, however, are not acceptable reasons to use medical marijuana. Dr. Eden Wells explained the proposed mental health conditions were too broad.

In the fall, Michigan residents could vote on a ballot initiative to legalize recreational marijuana and industrial hemp.

Hemp-Based CBD Oil

Those who are using and selling CBD oil assert that it is helpful in managing seizure for people with epilepsy. Arianna Welsh, a co-owner of the Mother Earth Natural Health that sells hemp-based oil, was concerned about their buyers who only wanted to safely cure their ailments.

She added that most of their patrons buy the hemp products to relieve their pain, inflammation, anxiety, and troubles falling asleep.

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