Michigan Representative Clarifies Legality of CBD

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LANSING, Mich.- Michigan state Rep. Steve Johnson has announced that consumers do not need a medicinal cannabis card to legally purchase CBD products.

In a news release, Johnson said that Public Act 642 of 2018 already categorizes CBD oil and other hemp derived products are considered industrial hemp, not cannabis. Unlike THC, CBD is a cannabinoid that is used primarily for medicinal reasons, not for recreation. According to the Michigan Legislature’s website, Public Act 642 of 2018 was approved on December 28, just days before Governor Snyder’s term ended.

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“CBD oil derived from hemp doesn’t’ get you high,” Johnson said in a statement. “It contains no more than 0.3 percent Tetrahydrocannabinol (THC). But the Michigan Department of Licensing and Regulatory Affairs decided last summer to start classifying it the same way they do marijuana, which contains 5 to 35 percent THC.”

Last month, the farm bill legalized industrial hemp. This is largely seen as good news for the cannabis industry. Though, there have been some exceptions, as one producer in Arizona had a package containing his CBD products seized by U.S. Postal authorities as well as products taken during a raid of a headshop in Yuma.

Michigan’s decision to take the guessing game as to hemp derived CBD’s legality is being applauded by some members of the cannabis industry

“This seems to be an example of the legislature clearing up some confusion that led to a misinformed decision by regulators and is exactly how things should work with legal products,” Morgan Fox, Director of Media Relations at NCIA, a national cannabis trade organization, told mg.

Safe access to cannabis is often a concern for patients that may not know exactly what is considered legal and what is considered illicit. The Michigan approach could set a precedent for other states and could also provide the potential for relief for patients experiencing discomfort that may not be specifically listed on the state’s list of qualifying conditions.

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