Michigan Regulates Marijuana Derivative Delta-8 THC

Michigan Governor Gretchen Whitmer recently signed legislation into law that regulates Delta-8 THC, a compound derived from marijuana that produces a similarly intoxicating effect.

On Oct. 11, 2021, the products, which were available to all ages at convenience stores, gas stations, and tobacco shops, will be covered by state law and regulated by the state’s Marijuana Regulatory Agency (MRA).

The law ensures intoxicating products are not sold at retail stores under the guise of hemp but instead are regulated akin to adult-use cannabis, restricted to adults, and monitored for safety and potency.

House Bill 4745 amends the Michigan Regulation and Taxation of Marihuana Act to:

  • Define “THC” and modify the definitions of “industrial hemp” and “marihuana”;
  • Require the MRA to declare a limit on the total amount of THC that a product intended for human or animal consumption could contain; and
  • Allow the MRA to promulgate rules to exclude from the definitions of THC tetrahydrocannabinol if the MRA determined, based on specified factors, that it did not have a potential for abuse.

The legislation brings these products out of the unregulated marketplace and under the scope of the MRA.

Help is available

The attorneys at O’Reilly Rancilio are available to answer your questions regarding the newer marijuana laws. For information, please call 586-726-1000 or visit our website.

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