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Let’s Talk Delta-8 State Legality: Michigan

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Let’s Talk Delta-8 State Legality: Michigan

Michigan is dear to me. I grew up the son of a diehard Wolverine fan, I taught basic photography to a law professor of Michigan University, Tom Brady brought Tampa Bay another Superbowl trophy, and my wife’s family meets in Traverse City in the summer. What makes this beautiful state even better, Detroit. Detroit rules. Don’t let anyone tell you otherwise. Michigan stands out compared to their neighbors because they passed medical marijuana in 2008 with the Michigan Medical Marijuana Act and then finalized recreational use with the Michigan Regulation and Taxation of Marijuana Act in 2018.

So, Delta-9 THC is legal but what about delta 8? Yes, it is legal in the state of Michigan but there are catches.Delta-8 THC has taken notes from other states and has made it legal but matches the same guidelines as traditional marijuana. It has to be purchased from a state registered dispensary. The possession laws are a breeze if you’re not a seller. You can carry up to 2.5 ounces of flower and 15 grams of concentrates. That’s a good amount.

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.

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) “Marijuana” 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. Marijuana 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. Marijuana does not include industrial hemp.

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.