Is CBD Oil Legal in Michigan?

person Larry Ostrovsky
calendar_today Aug 06, 2018

Is CBD oil legal in Michigan? The answer is—as usual with all things legal—multifaceted and complicated, but we'll keep it short and sweet for you.

Simply put, Michiganders will not be criminally charged for possession if they are enrolled in the Michigan Medical Marijuana Program (MMMP) and possess a valid, state-issued medical marijuana card.

Is CBD oil legal in Michigan?

CBD Oil, Michigan, And the Law

In addition, the Michigan Department of Licensing and Regulatory Affairs (LARA) recently released an advisory bulletin to clarify their position on CBD oil legality.

"The possession, purchase, or sale of marihuana or any marihuana product—including CBD—must be done in compliance with the MMMA and MMFLA." [1]

If this statement clarifies exactly nothing for you, you're not alone. After the release of the advisory bulletin, LARA was inundated with inquiries from Michiganders as confused as we are. The bulletin certainly didn't answer the question: "Is CBD oil legal in Michigan?" clearly, or any other query to do with the compound's legality.

For this reason, LARA held two interviews with Andrew Brisbo, director of the Bureau of Medical Marijuana Regulation, in a bid to clear up the confusion. Brisbo explained that CBD legality rests on the definition of “marijuana.”

According to federal law, marijuana constitutes all parts and products derived from the Cannabis sativa L. plant, excluding the following:

stalks of the mature hemp plants
oil from hemp seeds
sterilized hemp seeds

So, in other words—according to Brisbo, if the CBD oil you are using is derived from any of the mentioned parts of the cannabis plant, you are legally safe. [2]

Cursory Glance at Marijuana and CBD Michigan Legal History

In 2008, the "Michigan Marihuana Act" became active and allowed individuals with one or more debilitating medical conditions to use and possess medical marijuana. Since then, nearly 300,000 have joined the program. That's almost 3% of the state's population!

In 2012, the Michigan medical marijuana law was amended, making it illegal to “transport or possess usable marijuana by car unless it is enclosed in a case that is carried in the trunk of the vehicle.”

In 2013, another two House bills amended the law again, changing some regulatory details regarding the medical marijuana card and physician procedures.

Three more bills were signed into law in 2016 that created a "regulatory system for medical marijuana businesses" and updated protections for patients. The program had proven hugely successful, but no regulations were established for product cultivators, providers, and other vendors. This amendment was sorely needed. [3]

The recent bill is not without controversy, but for users and vendors of CBD oil, Michigan is still a rather friendly state. Moreover, the Great Lake State expanded the list of qualifying health conditions for the program, which augurs well for many.

Medical Conditions Qualifying for the Medical Marijuana Program

Possession of marijuana for recreational use will still land you in hot water. Yet you will not be charged for unlawful possession if you suffer from one or more of the following 22 health conditions and have a state-issued medical marijuana card:

Agitation of Alzheimer’s disease
Arthritis
Autism
Cancer
Chronic pain
Colitis
Crohn’s disease
Cachexia or wasting syndrome
Chronic or debilitating nausea
Inflammatory bowel disease
Glaucoma
Positive HIV status
Acquired immune deficiency syndrome (AIDS)
Hepatitis C
Amyotrophic lateral sclerosis (ALS—Lou Gehrig’s Disease)
Nail-patella
Severe pain and chronic pain
Seizures (including epilepsy)
Spinal cord injury
Persistent and severe muscle spasms (including multiple sclerosis)
Obsessive Compulsive Disorder (OCD)
Parkinson’s disease
Rheumatoid arthritis
Tourette’s syndrome
Ulcerative colitis [4]

Unfortunately, the program still excludes mental illnesses such as depression and anxiety.

Benefits of the MMMP

By now, "Is CBD oil legal in Michigan?" is not a question that should bug you any longer. The state registry program requires you to register with the Department of Licensing and Regulatory Affairs for a medical marijuana card. Out-of-state registry cards will also exempt you from the state's criminal law. Here are some of the benefits of registering and obtaining a Michigan Marijuana Card:

Ease of Access to Good Products - You will be able to walk into any authorized, regulated dispensary for the best types of marijuana products.
No Problems with the Law - You and your registered caregiver are given immunity against the law, which means that you cannot be arrested, penalized, or denied any right or privilege covered by this state law when carrying the permissible amount of cannabis. You are allowed to carry 2.5 ounces of medical marijuana at any time. Your employer also cannot harass you, as long as you take the cannabis as prescribed by your physician.
Grow Your Own Medicine - The law furthermore allows you and your caregiver to grow your own medicine of up to 12 marijuana plants. These need to be kept in a locked room.
You Can Order Online with Ease - If you have found an online distributor whose products agree well with you, you can order and buy without fear of prosecution. [5]

CBD and other marijuana-derived products as an alternative to pharmaceuticals are here to stay, and countrywide, the law is catching up. The Great Lakes State is not in a bad spot as far as the law and cannabis are concerned, and especially regarding CBD, Michigan is crystal clear on legality. If you don't want to cultivate your own marijuana to smoke or make your own products, be sure that you purchase a quality CBD oil. This will ensure the best results for any condition for which you need it.

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