If you currently sell CBD products or are interested in selling CBD products, call the CBD and MMJ Attorneys at Scott F. Roberts Law today for a free business consultation. Confused about the legality of CBD in Michigan? This guide covers CBD’s legality in Michigan, how to choose legal CBD, and where to buy it near you. Can possessing CBD oil products get you arrested? This article covers this common question. Facing charges? Request a free consultation now.
Is CBD Legal in Michigan?
Due to legal and regulatory changes in the industry, including the 2018 Farm Bill and recent changes in the implementation of Michigan’s 2014 Industrial Hemp Research Act, the information contained in this Article may no longer be accurate. Please contact an attorney before relying on any information contained in this Article. For more information on cultivating hemp, or the Hemp Pilot Program in Michigan, check out our recent article .
As we discussed in our last article, CBD: One Step Forward, Two Steps Back , LARA, the state’s licensing agency, has announced that it considers CBD to be subject to the same regulations as other Marijuana derived products. During a recent LARA Live webcast featuring Andrew Brisbo, the LARA Director of Bureau of Medical Marijuana Regulation, Mr. Brisbo danced around the questions of whether all CBD products are now regulated the same as other marijuana derivatives, like distillate.
The first question asked to Mr. Brisbo was essentially “what gives you the right to do this without any legislation?” His response was that CBD is a derivative of the cannabis sativa plant, and that CBD would now be included in this definition, even if produced from a hemp plant with little to no THC. He said that the federal definition of Marijuana, which finds that cannabis sativa with less than 0.3% THC is not considered regulated Marijuana, is only incorporated into the Michigan’s hemp laws but not its marijuana laws. For its marijuana laws, there is no “THC qualifier”, so in Michigan, any derivative of the cannabis sativa plant other than from sterilized seeds, oil from seeds, and mature stalks is considered a controlled substance.
Confused yet? Here is what he was really saying: CBD derived from cannabis sativa is regulated the same as Marijuana. What he didn’t mention, and what you needed to read between the lines to catch, is that under this definition, CBD derived from the mature stalks or sterilized seeds is legal in Michigan and not subject to the state’s Marijuana laws . This position is in line with the DEA’s position on CBD extracts.
That begs the question—how is LARA going to enforce its interpretation of the state’s Medical Marijuana laws, especially when some CBD products are legal and other almost identical products are not?
Unlike certain other departments, such as the Department of Natural Resources’ Conservation Officers, there is no “LARA police” to enforce the CBD ban. While LARA does have inspectors and examiners, as well as an enforcement division, this division is focused on investigating complaints on licensees and licensed establishments. LARA’s power in this way is limited. Similar to the Bureau of Medical Marijuana Regulation, there is a Liquor Control Commission within LARA that regulates the sale of alcohol. One of LARA’s primary enforcement tool for enforcing liquor laws is the revocation, suspension or of that person’s liquor license. However, the Liquor Control Commission relies on other law enforcement activities to prevent or control the sale of alcohol by unlicensed individuals. In other words, for activities that fall outside this focus, LARA requires the help and assistance of state or local law enforcement.
The bottom line is that if you are a medical marijuana business licensee under LARA, LARA could use its power over licenses and licensees to enforce its CBD ban against you or your company. But this also means that if you do not hold any licenses regulated by LARA, there is currently not much LARA can do at this point.
In his LARA live interview, Mr. Brisbo even said that “when it comes to enforcement of unlicensed activity, that’s really a law enforcement function.” Given that state and local police have yet to show any interest in going after CBD sellers or buyers, that CBD is by all accounts a very popular medicine and treatment, and that prosecutors would need to prove that the CBD was illegally derived in each case, a statewide crackdown is unlikely anytime soon. And a crackdown right before an important and contentious state election in 2018, at least on the state level, seems virtually impossible.
So if this ban has little to no teeth, why did Mr. Brisbo even bother with it? I can see three reasons. First, a recent case governing the federal interpretation of the Controlled Substances Act found that CBD was covered by the Act. Mr. Brisbo is announcing to the public that he reads Michigan’s laws restricting Marijuana, as well as the state’s legal definition of marihuana in the Public Health Code, as including CBD. While he lacks the power and political will to enforce this position at the moment—or as his interviewer stated in LARA Live—“this isn’t the law enforcement ‘time’”—that will likely change unless action is taken to change Michigan’s current marijuana laws.
Second, he is concerned with the unregulated nature of the CBD market and thinks state government should have the power to step in to protect consumers. He mentioned these concerns recently at the Cannacon conference in Detroit, and he may have a point.
The final reason? To help MMFLA licensees! While the reaction from the Michigan Cannabis industry to the CBD ban was visceral, I actually see it at as Mr. Brisbo throwing Michigan MMJ companies a bone. Essentially, the ultimate effect of the ban will be to prevent stores and individuals not licensed under the MMFLA or MMMA from selling CBD. This means that, absent caregivers, dispensaries would be the only place to buy legal weed AND legal CBD. With the market for CBD growing in popularity seemingly by the month, this guidance could have a big effect on licensees down the road—for better or for worse.
If you currently sell CBD products or are interested in selling CBD products, call the CBD and MMJ Attorneys at Scott F. Roberts Law today for a free business consultation.
Where to Buy CBD Oil in Michigan? Hemp Oil Laws & Legality (2022)
If you’re still wondering about CBD’s legality in Michigan, know that CBD extracted from hemp and marijuana are both legal in the state.
Michigan legalized medical marijuana in 2008, allowing the use of marijuana-derived CBD products with high THC levels.
In 2018, the 2018 Farm Bill legalized industrial hemp containing 0.3% THC, giving Michiganders access to hemp-derived CBD products. The state soon aligned its hemp laws with the federal government in 2019.
That same year, the state also legalized recreational marijuana.
This guide walks you through Michigan’s CBD laws and on a federal level.
We’ll also provide you tips in choosing an excellent CBD oil, where to find legal CBD products.
Where to Buy CBD in Michigan?
CBD oils in Michigan are available online and in-store, but buying online gives you more benefits.
Online cannabis shops are convenient, offer more CBD brands, and carry a wider assortment of CBD products — from oils to even pet CBD products. Shopping online also allows you to easily compare the different brands and their prices.
Moreover, buying CBD oil online gives you discounts when you buy in bulk or freebies when you sign up.
Be extra cautious when you buy online and know how to protect yourself.
1. Look for the Product’s COA
You can easily tell that the CBD oil is from a trusted source when you see its COA or the laboratory result by an accredited testing facility.
Trusted brands upload their products’ laboratory test results on their website as proof of their potency and purity. You’ll see its cannabinoid levels as well and know if the product is really as advertised.
The COA also lets consumers know that the product is safe and not contaminated with toxins, residual solvents, or pathogens.
As a consumer, you should avoid CBD products with no COAs.
2. Avoid Brands That Make Too-Good-to-Be-True Claims
Dodgy CBD brands oftentimes make outrageous claims to gain their target market’s attention. They also sometimes advertise their products as the cheapest in the market but of equal quality with the top brands.
If you see CBD brands like these, avoid them.
Not only are they non-compliant with the laws, but they’re also misleading their consumers. More often than not, they’re just after your money and don’t care much for their consumers’ welfare.
When it comes to CBD oil, remember that cheap doesn’t always equate to good quality.
3. Read Reviews
Reading the reviews and feedback left by real customers gives you a good idea about CBD oil and its manufacturer. Through these, you’ll know the expected results of the product and its side effects (if any).
Avoid CBD brands and products that have more negative reviews than good ones. You definitely don’t want to consume something that’s received a lot of bad reviews.
Royal CBD – Full Spectrum
- Rated #1 for overall
- Highest quality hemp oil on our list
- 100% organic, free of pesticides, and artificial ingredients
- Established brand with 24/7 customer support
- 30-day 100% money-back guarantee
- Sourced from US-grown organic hemp
- Contains full-spectrum CBD
- Up to 80 mg CBD/mL
- Great potency range for beginners
- Third-party tested for potency and purity
- Great kiwi-honey flavor
What Type of CBD is Right for You?
CBD products come in three types — pure CBD, broad-spectrum CBD, and full-spectrum CBD.
Pure CBD oil only has CBD in it and doesn’t contain any additional cannabinoids and terpenes. Broad-spectrum CBD oil, on the other hand, has additional cannabinoids and terpenes but without THC. Full-spectrum CBD oil has additional cannabinoids, including THC as well as terpenes.
Of the three types, we recommend full-spectrum CBD oils if you’re after a more potent product. THC strengthens the entourage effect and helps boost the cannabinoids and terpenes’ beneficial effects.
Most full-spectrum CBD oils contain low levels of THC, so they won’t get you high or trigger psychoactive effects.
Recommended and Trusted CBD Retailers in Michigan
Below is a list of our recommended CBD retailers in Michigan’s biggest cities. These stores have a high number of reviews and good ratings.
CBD Stores in Detroit
- House of Dank
- Green Genie
- JARS Cannabis East Detroit
CBD Stores in Grand Rapids
- Shakedown Street
- Green Mitten
- The Grassy Knoll
CBD Stores in Warren
- Smokers Alley Warren
- Wild Bill’s Tobacco
- I Smoke & Vape
CBD Stores in Ann Arbor
- Exclusive Ann Arbor Medical and Recreational Marijuana
- Arbors Wellness
- Bloom City Club
CBD Stores in Lansing
- Cannaisseur Provisioning Center
- Pure Options Lansing South
- Pure Options Lansing East
CBD Stores in Holland
- Jimmy’s Cave
- Deuces Wild Smoke Shop
Is CBD Legal in Michigan?
The popularity of CBD’s health benefits has easily made it a household name, but it’s created a lot of confusion from a legal perspective as well.
Under federal law, CBD from hemp is legal, and CBD from marijuana is not. Under Michigan’s law, both sources are legal.
The state legalized medical marijuana in 2008 when the Michigan Compassionate Care Initiative was signed into law. While this allowed patients diagnosed with qualifying health conditions to grow their own plants, it did not allow the operation of dispensaries.
However, this oversight did not stop dispensaries from opening. Operating under the state’s legal gray area, dispensaries served Michigan’s medical marijuana patients.
It took Michigan almost a decade to finally address the issues with its current marijuana laws. In 2016, Governor Rick Snyder signed into law the bills that would regulate the state’s medical marijuana market, including the operation of dispensaries.
This step finally gave registered patients safe access to legal, medical marijuana products.
When the 2018 Farm Bill was approved in December of 2018, it removed industrial hemp from the list of controlled substances, provided hemp contains no more than 0.3% THC. The 2018 Farm Bill also allowed hemp and all its parts to be used, including hemp-derived CBD.
In January 2019, Michigan passed the Industrial Hemp Research and Development Act to align state laws with federal laws.
Both these laws gave residents legal access to hemp-derived products. However, in line with federal laws, the state also prohibited CBD providers from marketing CBD as a health supplement. Adding CBD into foods and beverages was also prohibited.
In 2019, Rep. Greg Markkanen introduced House Bill 5085. This bill would allow veterinarians to discuss with pet owners the benefits and use of CBD oil and medical marijuana on their pets. In December 2020, the bill was finally signed into law.
Of note, Michigan voters approved Proposal 1 in November of 2018, legalizing marijuana for recreational use for adults over 21 years of age.
Do You Need a Prescription to Buy CBD Oil in Michigan?
Being 100% legal, residents don’t need to provide any prescription, recommendation, or letter from their doctor to buy hemp-derived CBD oil in Michigan. There’s also no possession limit to compliant hemp-derived CBD products.
The state’s recreational marijuana laws also allow you to purchase CBD oil derived from marijuana even without a doctor’s recommendation. However, you’re also limited to what recreational users are allowed to possess.
If the amount isn’t enough for your medical needs, you’ll need to join the state’s medical-marijuana program to be able to legally and safely possess higher amounts of medical marijuana.
Do You Need a Medical Card to Buy CBD Oil in Michigan?
No. You don’t need to get a medical card to buy hemp-derived CBD oil with less than 0.3% THC. Hemp-derived products are available and legal on a state and federal level.
Again, you can buy marijuana-derived CBD oil in Michigan even without a medical card, but if the amount isn’t sufficient to meet your health needs, you’ll need to register with the state’s program and get a medical card.
Being a registered patient with a valid card gives you the advantage of legally possessing more marijuana products for medical use.
Is CBD Legal in Michigan for Minors?
Hemp-derived products are available to people of all ages, but if you’re going to use CBD oil on minors, we suggest talking it over with his pediatrician first for their expert opinion.
As for marijuana-derived CBD products, the minor will be assessed by a board-certified physician and a child disease specialist in Michigan to see if he’s qualified to join the program and get a card.
If the minor qualifies, his primary caregiver will oversee his medical marijuana use.
Is Traveling with CBD legal in Michigan?
Traveling with CBD oil should be fine within Michigan and when crossing state borders, as long as the CBD oil is derived from hemp and contains no more than 0.3% THC.
Traveling with marijuana-derived CBD oil with a higher THC level should also be fine within Michigan.
However, crossing state borders with marijuana-derived CBD oil or any type of marijuana products, for that matter, is prohibited. Under federal law, hemp containing more than 0.3% THC is considered marijuana and illegal.
Can You Fly with CBD?
Flying with hemp-derived CBD oil won’t get you in trouble with the law, as long as the product’s compliant and has no more than 0.3% THC.
When boarding planes, we suggest downloading a copy of the product’s COA or laboratory result to show as proof of its compliance and THC level.
Don’t fly with marijuana-derived CBD oil or marijuana products. Again, marijuana is illegal under federal law, and flying with one can land you in legal problems.
Is Marijuana Legal in Michigan?
Medical and recreational marijuana is legal in Michigan.
The state legalized medical marijuana in 2008 and recreational marijuana in 2018.
Residents and non-registered patients above the age of 21 have access to legal recreational marijuana. All you need to buy legal weed in Michigan is a valid state ID or your driver’s license.
Registered patients need to present their valid registry identification cards to buy medical marijuana.
How Much Marijuana Can I Buy or Grow?
In Michigan, registered patients are allowed to possess up to 16 ounces of marijuana-infused products in solid form, 7 grams in gaseous form, and 36 fluid ounces in liquid form. They’re also allowed to grow up to 12 marijuana plants.
For recreational marijuana, adults are allowed to possess up to 2.5 ounces of marijuana on their person and up to 10 ounces at home. They’re also allowed to possess no more than 15 grams of marijuana concentrates.
Recreational users are also allowed to grow up to 12 marijuana plants for personal use.
Is Smoking Marijuana Legal in Michigan?
Smoking marijuana is legal for both medical and recreational marijuana users in Michigan.
However, the state strictly bans smoking marijuana in public places or when operating vehicles.
What are the Types of Marijuana Allowed in Michigan?
Michigan allows these cannabis forms — flowers, oils, tinctures, edibles, capsules, extracts, topicals, vapes, and pre-rolls.
When Did Michigan Legalize Marijuana?
The state legalized marijuana for medical use in 2008 and recreational use in 2018. Sales for recreational marijuana only began in December 2019.
Final Thoughts — Buying CBD in Michigan
It’s legal to buy hemp-derived and marijuana-derived CBD oil in Michigan.
You can buy hemp-derived CBD oil with less than 0.3% THC even without a medical card or a doctor’s recommendation.
However, you’d need to be of legal age or have a medical card to buy marijuana-derived CBD oil with higher THC content.
Before buying CBD oil in Michigan, be sure to choose the source wisely. Read reviews, look for the product’s COA, and more importantly, only buy CBD oil from law-compliant, trusted brands.
Nina created CFAH.org following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.
Can Possessing CBD Oil Products Get You Arrested?
Can possessing CBD oil products get you arrested? The answer depends on whether you’re referring to CBD from hemp or marijuana.
While most of America recognizes the powerful benefits of marijuana and CBD products, many states remain yet to see the light.
Unfortunately, this results in confusing rules and regulations concerning what’s legal and what’s not.
Furthermore, it’s extremely important to understand the legalities of marijuana and CBD oil/products prior to purchasing them, especially if you plan on crossing state lines.
Let’s take a closer look at the current legal landscape.
Are CBD oil/other products legal?
Again, the answer to this question depends on whether you’re referring to CBD from hemp or marijuana.
According to the 2018 Farm Bill, the U.S. Congress made CBD from hemp legal nationwide.
Please note that individual states may treat CBD from hemp differently, so make sure to check your local law.
However, CBD derived from marijuana still remains illegal under federal law.
In Michigan, CBD products derived from hemp or marijuana are both legal.
The passage of laws legalizing cannabis in Michigan opened the doors for all legal-aged individuals (21 and over) to possess cannabis and CBD related products.
At this time, only those with a valid Michigan Medical Marijuana card may purchase THC products.
There are no legal sales of THC products to those without a valid Michigan Medical Marijuana card.
True CBD oil derived from hemp is more widely available as it doesn’t contain THC.
Although you may purchase and possess these items in Michigan, you must remain careful about transporting and possessing these products in other states.
Marijuana and CBD derived from marijuana are both illegal federally.
Therefore, you cannot possess them on federally owned or operated land (think national parks, federal buildings, etc.).
Additionally, it’s necessary to check the laws in the state you travel to prior to leaving.
Am I going to get arrested for possessing CBD products in another state?
If the law in the state of your travel doesn’t allow for CBD products derived from hemp or marijuana, it’s highly advised that you don’t travel with it.
In fact, it’s incredibly important to know exactly what you’re transporting.
For example, police arrested a 69 year old great-grandmother from North Carolina at Disneyland for possession of CBD oil.
Her doctor prescribed the CBD oil for pain.
She took the CBD oil with her to Florida, where security officers detained her after seeing the bottle labeled “Select CBD” in her purse.
Officers field tested the substance which revealed the presence of THC.
Subsequently, the police arrested the woman for possession of hashish, which is a felony, and given a $2,000 bond.
Luckily, cooler heads eventually prevailed and the charges were dropped.
However, no one wants to get caught up in such an embarrassing and costly legal battle.
You should only buy products from state-licensed, laboratory tested facilities.
Otherwise, you may not know what substances you’re carrying or their legal ramifications.
How do I avoid getting arrested for possession of CBD products?
Stay smart and use your common sense.
If the state you’re traveling to forbids the possession of these products, leave them at home.
Also, only purchase CBD products from facilities that rigorously test their products.
Not only is it smart to know what you’re putting in your body, but it may save you from a hefty legal bill or a criminal record.
If you’re in Michigan, adults 21 and over are allowed to possess these products.
I’m on probation in Michigan. Can I use CBD products without being violated?
True CBD products from hemp contain untraceable amounts of THC.
Therefore, you can use these products without fear of a violation for failing a drug test.
However, you’re ultimately responsible for what you put in or on your body.
If the “CBD Oil” you ingest contains THC, regardless of your knowledge, you’ll be at risk for getting arrested.
Furthermore, you must carefully research any facility from which you purchase CBD products.
But to circle back, the answer to the question, “can possessing CBD oil products get you arrested?,” the answer is yes if it’s CBD derived from marijuana and not hemp.
If you are charged, you’ll need a good drug crimes attorney.
Facing marijuana other drug charges? Unhappy with your current attorney? Request a free consultation now.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.