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. Michigan companies must not only follow this guide, but also comply with other state and federal laws that apply to their product, such as the US Food and Drug Administration regulations, the Michigan Food and Dairy Laws, the Commercial Feed requirements, and the Michigan Weights and Measures Program.
Industrial Hemp Products For Human Consumption – Legal
The products below, processed from industrial hemp, are Generally Recognized As Safe (GRAS) by the FDA 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
Currently, products processed from industrial hemp are not considered GRAS for animal feed and therefore NOT LEGAL to process and sell in Michigan for Animal Consumption. Such products are governed by the FDA and guidance can be found on the Association of American Food Control Officials website.
Industrial Hemp CBD Products For Human Topical Use – See LEGAL Products Below
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 in effect up through October 31, 2020. Also, manufacturers will need a Hemp Processor-Handler License ($1,350) to process and sell these products in the State of Michigan. These products are regulated by the FDA who 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.”
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