Is Delta 8 THC Legal In Michigan?

YES

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Delta 8 THC may be legal according to Michigan state law. While the hemp law specifically says all cannabinoids, isomers, and derivatives of hemp are legal, Michigan’s controlled substances policies say that Delta 8, as an isomer and derivative is not legal. Because these laws conflict, there seems to be a grey area surrounding the use of Delta 8 THC in Michigan.

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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HOUSE BILL NO. 6330 – INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT


Act No. 641


EFFECTIVE DATE: January 15, 2019


(i) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

(v) “THC” means tetrahydrocannabinol.

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PUBLIC HEALTH CODE (EXCERPT) ACT 368 OF 1978


333.7106 Definitions;


(2) “Industrial hemp” means the plant Cannabis sativa L. and any part of that plant, including the viable seeds of that plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis. Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from the plant Cannabis sativa L. with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

(4) “Marihuana” means 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; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. 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, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination. Marihuana does not include industrial hemp.

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333.7212 Schedule 1; controlled substances included.


(d) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis and synthetic substances, derivatives, and their isomers with similar chemical structure or pharmacological activity, or both, such as the following, are included in schedule 1:

(i) /\1 cis or trans tetrahydrocannabinol, and their optical isomers.

(ii) /\6 cis or trans tetrahydrocannabinol, and their optical isomers.

(iii) /\3,4, cis or trans tetrahydrocannabinol, and their optical isomers.

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