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Michigan Gov. Whitmer signs marijuana legislation regulating delta-8 THC products

Product will be regulated by state’s Marijuana Regulatory Agency beginning Oct. 11

FILE - In this Aug. 15, 2019, file photo, marijuana grows at an indoor cannabis farm in Gardena, Calif. The leading cannabis industry group in California announced Tuesday, Jan. 19, 2021, it had reached an agreement with a state credit union that will provide access to checking and other banking services for marijuana companies, ending what had been a longstanding obstacle for many businesses. (AP Photo/Richard Vogel, File) (Richard Vogel, Copyright 2019 The Associated Press. All rights reserved)

LANSING, Mich.Gov. Gretchen Whitmer signed legislation on Tuesday regulating the derivative delta-8 THC, which is currently sold -- untested and unregulated -- in convenience stores, gas stations and smoke shops in Michigan.

According to the Governor’s Office, the products will be regulated by the Michigan Marijuana Regulatory Agency (MRA) beginning Oct. 11. The products were available for sale to people of all ages by businesses that cannot currently sell licensed adult-use or medical marijuana products.

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The package of bills that were signed also upgrades definitions “regarding products derived from the cannabis plant so that all intoxicating substances will be safety-tested through the MRA’s statewide monitoring system and will tracked through the state’s seed-to-sale tracking system.”

“This package of bills continues to show Michigan is the model for the nation in regard to protecting its residents and making sure that those who consume marijuana products do so in a safe manner,” Whitmer said. “I am glad to see Michigan continuing to lead on the implementation and regulation of a safe, secure marijuana industry, which has already brought tens of millions of dollars in new tax revenue to the state, as well as thousands of well-paying jobs.”

The bills signed into law include:

  • House Bill 4745, sponsored by Rep. Jim Lilly (R-Park Township). It will allow telemedicine for Michigan residents participating in the Michigan Medical Marijuana Program.
  • HB 4517, sponsored by Rep. Yousef Rabhi (D-Ann Arbor), 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 promulgate a limit on the total amount of THC that a product intended for human or animal consumption could contain
    • Allow the MRA to promulgate rules to exclude from the definition of THC a tetrahydrocannabinol if the MRA determined, based on specified factors, that it did not have a potential for abuse
  • HB 4740, sponsored by Rep. Pat Outman (R-Six Lakes), amends the Medical Marihuana Facilities Licensing Act to modify the definitions of “industrial hemp”, “marihuana”, and “marihuana-infused product.”
  • HB 4741, sponsored by Rep. TC Clements (R-Temperance), amends the Industrial Hemp Growers Act to modify the definitions of “industrial hemp” and “marihuana”, and defined “THC.”
  • HB 4742, sponsored by Rep. Tenisha Yancey (D-Grosse Pointe), amends the Marihuana Tracking Act to modify the definition of “marihuana.”
  • HB 4743, sponsored by Rep. Julie Calley (R-Portland), amends the Public Health Code to modify the definitions of “marihuana” and “industrial hemp.”
  • HB 4744, sponsored by Rep. Richard Steenland (D-Roseville), amends the Industrial Hemp Research and Development Act to modify the definitions of “industrial hemp” and “THC.”
  • HB 4746, sponsored by Rep. Roger Hauck (R-Mt. Pleasant), amends the Michigan Liquor Control Code to modify the definition of “marihuana.”

“We applaud Governor Whitmer’s decision to sign this package of bills into law,” said Robin Schneider, executive director of the Michigan Cannabis Industry Association. “Regulating Delta 8 rather than banning the product is a smart and progressive move that is in the best interest of public health and safety. We are grateful that medical marijuana patients will have improved access to their certifying physicians and that state licensed cannabis businesses will have clearer standards and improved liability insurance coverage.”

The MRA has created a one-page document with information about delta-8.

More: Michigan marijuana headlines


About the Author
DeJanay Booth headshot

DeJanay Booth joined WDIV as a web producer in July 2020. She previously worked as a news reporter in New Mexico before moving back to Michigan.

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