This morning The Bureau of Marijuana Regulation (BMR) and the Michigan Dept. of Agriculture and Rural Development issued a joint statement about industrial hemp and CBD (also known as cannabidiol). We have been anticipating this announcement since December 12, 2018, when the United States Congress passed the $867 billion dollar Farm Bill that was signed by President Trump on December 20, 2018.
As of March 29, 2019, here is where the law stands in Michigan on farming hemp and producing products made from hemp. Any CBD (cannabidiol) products produced from marijuana that contain less than 0.3 percent THC will not be regulated. If you are interested in making edible food products that have CBD as an ingredient, those may only be made if you obtain the CBD from a regulated source. A regulated source is either a Michigan licensed processor or a Michigan licensed grower under the MMFLA. This means that the source cannot be an individual who has land, has planted hemp plants in a field, and is not licensed under the MMFLA. In other words, do not attempt to cut a deal with an individual who does not have a license for a marijuana facility given to him/her by the Bureau of Marijuana Regulation. “Only facilities licensed by the Bureau of Marijuana Regulation (BMR) under the MMFLA can commercially grow, process, and sell marijuana and marijuana products” per the bulletin issued today.
Also note that the bulletin issued today qualifies the information by stating “BMR does not regulate marijuana or marijuana products grown or produced by registered qualifying patients or designated primary caregivers under the MMMA or individuals over 21 for personal use under the MRTMA.”
The Michigan Dept. of Agriculture and Rural Development provided guidance on the fact that CBD is not for use in food or drink products, nor is it permissible to use in dietary supplements. The reason for this mandate is due to the FDA (Food and Drug Administration) having not approved CBD for use in food, drinks and dietary supplements yet. However, hulled hemp seeds, hemp seed protein and hemp seed oils are considered “generally regarded as safe” products as of December 20, 2018, when President Trump signed the Farm Bill. Thus, hulled hemp seeds, hemp seed proteins and hemp seed oils are permissible as ingredients for edible products. Dietary supplements must first get approval from the Food and Drug Administration before being made available to consumers.
In order to grow hemp in the state of Michigan, you must obtain a license from the Michigan Department of Agriculture and Rural Development (MDARD). MDARD is currently working on its licensing program for growers. The program will meet both the state and federal guidelines and laws so that products may be transported from state to state.
Just this week, CVS and Walgreens have announced that their retail outlets will start carrying CBD topicals for sale. Please see the announcements we have posted about this. In addition, take a look at our timeline on the history of Hemp in Michigan and throughout the U.S. since the early twentieth century. As you will see, we have come full circle from 1937, when the Marijuana Tax Act placed taxes on all cannabis sales, including hemp. We just need to fast forward back to 8,000 BCE, when evidence shows hemp being used to make pottery and food (seeds and oil) in ancient China and Taiwan. Every little step counts.