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Delta-8 THC State Regulations Begin: Michigan First to Restrict Following New Legislation  

Delta-8 THC is one of many compounds found in hemp and cannabis plants. One major difference: the previously loose regulation surrounding delta-8 THC in comparison to traditional THC (delta-9 THC) or even other natural cannabinoids like CBD. That is about to change, at least in some states.

Beginning on Oct. 11, 2021, the regulation on delta-8 THC will be reined in by Michigan’s Marijuana Regulatory Agency. Gov. Gretchen Whitmer signed a series of new marijuana bills into law on Tuesday. These new regulations remove some of the grey area surrounding delta-8 THC. Businesses selling delta-8 without licensing, testing or other regulations will be barred and must follow the same permitting and guidelines in place for recreational marijuana.

The unfastened parameters delta-8 previously fell under led to an influx of unlicensed retailers selling the compound, from gas stations to online vendors like Amazon and just about everything in between. Some manufacturers process delta-8 through the extraction of hemp, allowed by the 2018 Farm Bill to be grown legally in US if the THC threshold is .3% or less. Hemp is not regulated under state marijuana laws; however, all THC products will now be subject to appropriate licensing, testing and tracking.

The new ban on delta-8 THC products being sold by businesses or manufacturers that are not licensed as marijuana retailers also moves to include any other potentially intoxicating compounds that may be derived from the cannabis plant. The new legislation categorizes all THC-based products, including delta-8, to be classified as marijuana, which will be regulated by the state’s Marijuana Regulatory Agency.

If you are a CBD connoisseur used to buying hemp-derived cannabidiol products, you should be in the clear when turning to legitimate manufactures and distributors. The new regulation is seen as a bridged win by some cannabis advocates, instead of an outright ban on the substance.

Michigan’s Cannabis Manufactures Association Board Chair Shelly Edgerton told news outlets “This law is a major victory for product and consumer safety in Michigan’s regulated cannabis market. It takes a giant step toward enforcing the same strict high testing, health and safety guidelines for any product that mimics a cannabis high that is either inhaled or ingested followed by our state’s licensed growers and processors.”

The changes to legislation mean that anyone producing or selling delta-8 THC must be licensed, with tracked and tested products, similar to established and sold marijuana products. With the new legislation, Gov. Whitmer also made telemedicine certificates for medical marijuana users permanent, allowing for patient cards to be issued in similar remote ways as done throughout the pandemic. The package of bills should make accessing THC-based products safer and update definitions regarding cannabis plant products.

“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,” Gov. Whitmer told Fox News of West Michigan. “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.”

For more information about delta-8 and how it impacts the brain body compared to traditional delta-9 THC, click here.

** This article was last updated on July 14th, 2021 **