Is Delta-8 THC Legal in Michigan?

By | last updated December 20, 2021

Evidence Based 4

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Delta 8 is legal but regulated in Michigan. That means you can only buy delta-8 THC products from licensed cannabis retailers.

Here’s a closer look at delta 8 legality in the Great Lakes State.


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Michigan Delta-8 THC Laws

Since October 11, 2021, it’s illegal to sell delta 8 THC in Michigan outside the state’s regulated marijuana market.

That’s because of House Bill 4517, which changes some rules and definitions around tetrahydrocannabinol (THC). 

More specifically, the bill defines all forms of THC (including delta-8 THC) as marijuana. The bill also redefines hemp products as containing no more than 0.3% of any type of THC rather than just delta-9 THC.

Here are the key passages from the bill:

(w) “THC” means any of the following…

(ii) Unless excluded by the marijuana regulatory agency under section 8(2)(c), a tetrahydrocannabinol, regardless of whether it is artificially or naturally derived.

(iii) A tetrahydrocannabinol that is a structural, optical, or geometric isomer of a tetrahydrocannabinol described in subparagraph (ii).

(e) “Marihuana” means any of the following…

(vii) A product with a THC concentration of more than 0.3% on a dry-weight or per volume basis in the form in which it is intended for sale to a consumer.

(c) “Industrial hemp” means any of the following…

(v) A product to which 1 of the following applies:

(A) If the product is intended for human or animal consumption, the product, in the form in which it is intended for sale to a consumer, meets both of the following requirements:

(I) Has a THC concentration of 0.3% or less on a dry-weight or per volume basis.

(II) Contains a total amount of THC that is less than or equal to the limit established by the marijuana

regulatory agency under section 8(1)(n).

Michigan House Bill 4517

This means that hemp-derived delta 8 THC is now a regulated cannabis product in Michigan.

Delta 8 products have to adhere to strict testing and labeling requirements and can only be sold at licensed cannabis retailers.

What is Delta-8 THC?

Short for delta-8-tetrahydrocannabinol, delta 8 is a form of THC, the cannabis compound that gets you high. Most people are only familiar with delta-9, the most common form of THC found in cannabis plants.

Delta 8 is present in very small amounts in cannabis, which is why it’s usually made from CBD. Although it’s less potent than delta 9 THC, its effects are essentially the same (1).

Why Delta-8 THC is Federally Legal

Delta-8 is federally legal because of a loophole in the 2018 Farm Bill. The bill legalized hemp products as long as they contain no more than 0.3% delta-9 THC. But it didn’t create a similar limit for delta-8 or other forms of THC.

It’s possible to make large amounts of delta 8 from hemp-derived CBD through the chemical conversion process. Since it counts as a hemp product, it’s perfectly legal under the bill.

States Where Delta-8 THC is Illegal

Each state can regulate delta 8 THC as it sees fit. 

Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Michigan

Delta-8 THC is legal and regulated in Michigan. That’s unlike to change because regulation is the most likely endpoint for both delta 8 and recreational cannabis as a whole.

We expect all states to eventually regulate delta 8 the same way as adult-use cannabis because it has similar psychoactive effects.

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