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Michigan Governor Signs Legislation to Regulate Delta-8 THC

Michigan Governor Signs Legislation to Regulate Delta-8 THC

michigan delta 8 law has been passed

MICHIGAN — Today Gov. Whitmer signed legislation that will regulate, and cover delta-8 THC derived starting October 11, 2021.

This bill will update definitions regarding cannabis plant products making sure all intoxicating substances will be safety-tested and tracked through the MRA’s statewide monitoring system Michigan Executive Office of the Governor.

“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,” said Gov. Whitmer. “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 team at the MRA has always been committed to transparency and forward thinking and this was once again the case regarding delta-8,” said MRA Executive Director Andrew Brisbo. “We were proud to work with legislators and industry stakeholders to pro-actively address this issue and move an untested, unlicensed intoxicating synthetic product into our licensed and regulated system.”

“The voters of Michigan chose to legalize and regulate marijuana in the interests of justice and public health,” said Rep. Yousef Rabhi, D-Ann Arbor. “We know that banning these substances is not the best way to keep the public safe. But we also know that these psychoactive compounds are currently being sold with no public health standards to anyone, regardless of age. Instead of allowing these new hemp derivatives like Delta 8 to circumvent our world-class regulated system, this new law will apply the same rigorous testing and commercial standards that currently protect consumer safety in the legal marijuana marketplace.”

“I appreciate the support of Governor Whitmer and my legislative partner Representative Rabhi in helping Michigan take an important step in streamlining regulations for the safety of cannabis businesses and people around our state,” said Rep. Jim Lilly, R-Park Twp. “By mirroring Michigan’s existing liquor dram shop law and clearly defining the requirements for a proper injury lawsuit, we are bringing clarity to a previously murky area of our cannabis laws. I am extremely excited to see the Governor not only sign these bills, but also sign bills to protect Michigander’s from unregulated and untested Delta-8 hemp products. This legislation does the right thing by taking these products out of the unregulated marketplace and bringing them under the purview of a well-functioning Marijuana Regulatory Agency.”

Michigan Marijuana is Legal But You Can’t Buy It Anywhere

Michigan Marijuana is Legal But You Can’t Buy It Anywhere

Michigan marijuana is now legal for adults to consume and grow. But where can they buy it?

The answer is nowhere. Michigan marijuana is legal for adults to grow, consume, and even “gift” to one another now. Yet there isn’t a single dispensary plan in place yet.

This may read similar to another article I wrote regarding Massachusetts legalization. They had a similar problem establishing a legal marketplace for consumers. While Massachusetts has finally opened two dispensaries for the entire state after two years of legalization, Michigan is poised to move more quickly.

Michigan Marijuana Laws

While Michigan has legalized cannabis for adult use, I wouldn’t go packing your bag for a vacation to the Great Lakes quite yet. Adults can grow 12 of their own plants (twice as many as Colorado) and possess up to 10 ounces in their homes. There’s a line in Proposition 1 that allows adults to “purchase” recreational cannabis. But there is none to buy.

Massachusetts, Maine and Vermont all did something similar. All these states have legalized cannabis for adults, but have no market to legally purchase cannabis. Basically, because of poorly written laws, these states have given a free pass to private market businesses. 

Not Getting Stuck

The Michigan marijuana market is ahead of the curve, even if just slightly. Proposition 1 included a mandatory deadline for establishing a regulated market.

A year from now, a plan should be approved and in place to begin legal sales of recreational cannabis in Michigan. An additional rider was included that allows people to apply for licensing directly through the municipality. This acts as an assurance that the local governments stay on track.

To elaborate, Massachusetts had no such deadline or rider in place to ensure a timely roll out of a regulated marketplace. Because of this, local municipalities that did not approve of the state’s decision could refuse applications simply on the basis of not wanting legal cannabis in their town.

Michigan’s rider in Proposition 1 will guarantee that local governments don’t stand in the way of legalization. So while Maine’s governor fights legalization tooth and nail, and Vermont has no plans for a legal market yet, Michigan is already planning ahead.

A Big Step For Cannabis

Michigan is the first Midwestern state to legalize cannabis for adult use. Other states in the region will certainly be watching to see how the market turns out.

For now, however, state residents craving some fresh Michigan marijuana will either have to grow it themselves or buy it on the private market. So for now — even though cannabis is legal — unless you’re growing it, you’re still breaking the law in Michigan. Hopefully that changes soon!