Processed Industrial Hemp and CBD Products: A Guide on Legality in MichiganDOWNLOAD FILE
January 13, 2020 - Author: Michigan State University Extension
The Bureau of Marijuana Regulation (BMR) and the Michigan Dept of Agriculture & Rural Development (MDARD) issued joint guidance on March 29, 2019 regarding CBD (cannabidiol) and industrial hemp. Based on this document and correspondence with staff from MDARD and the Michigan Liquor Control Commission’s (MLCC) Enforcement Division, the following is a quick guide for Michigan processors.
Industrial Hemp Products For Human Consumption – Legal
The products below, processed from industrial hemp, are Generally Regarded As Safe (GRAS) and therefore LEGAL to process and sell in Michigan for Human Consumption. This requires a Processor-Handler License ($1,350) which includes passing a background check.
- Hulled Hemp Seed
- Hemp Seed Protein
- Hemp Seed Oil
Industrial Hemp Products for Animal Feed – Not legal
The products below processed from industrial hemp are not considered GRAS for animal feed and therefore NOT LEGAL to process and sell in Michigan for Animal Consumption.
- Hemp Seed
- Processed Hemp Seed and It’s Derivatives
- Hemp Seed Oil
Industrial Hemp CBD Products For Human Use – See legal products
The below products derived from industrial hemp with THC concentration below .3% are LEGAL to process and sell in Michigan.
MDARD requires meeting the requirements of the Industrial Hemp Ag-Pilot Program and having a Hemp Processor-Handler License ($1,350) to process and sell these products in the State of Michigan. These products are regulated by the U.S. Food and Drug Administrations (FDA) who is currently working on a regulatory framework.
- CBD Oil (label cannot state it is for human consumption)
- Cosmetics : As defined by FDA, Cosmetics include “skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup, cleansing shampoos, permanent waves,hair colors, and deodorants, as well as any substance intended for use as a component of a cosmetic product.”
Industrial Hemp CBD Products – See Products not legal
According to MDARD, the below products derived from industrial hemp with THC concentration below .3% are NOT LEGAL to process and sell in Michigan since they are not approved by FDA at this time.
- Dietary Supplements as defined by FDA
- Drugs as defined by FDA
- Food and Beverages for Human Consumption
- Beer and Wine (governed by the MLCC)
- Animal Feed (governed by Michigan Feed Law )