Is Michigan Changing Their Stance on Hemp Derived CBD?
Industrial Hemp is Cannabis Sativa L with less than .3 percent tetrahydrocannabinol (THC) by dry weight. This country consumes more hemp than any other. Industrial Hemp produces a variety of products including paper, clothing, construction materials, cosmetics foods and dietary supplements. CBD extracted from industrial hemp has recently been the topic of conversation due to a recent 9th Circuit Court opinion in a lawsuit against the DEA. Hemp contains a good number of cannabinoids the most popular of which is cannabidiol (CBD). CBD had medicinal properties and benefits. The CBD extracted from hemp has been commercially infused in water, foods, topical treatments, and nutritional supplements. These products have been sold at retail establishments and online for years without any law enforcement interference presuming that the CBD extract was from industrial hemp. If you would like to learn more about how to get these types of CBD products then you could easily check out something like CTFOCBDonline, as long as it’s CBD extract there shouldn’t be a problem. There are loads of different CBD products that you could use to help with whatever ailment you have. You just have to find the right CBD product for you. This might mean you use something like this cbd vape oil or you might prefer CBD gummies, it all depends on what workds best for you. On May 11, 2018, the Bureau of Medical Marijuana Regulation announced that CBD products are considered medical marijuana and any production and sale shall be pursuant to the Michigan Medical Marijuana Facilities Licensing Act. What does this mean and why is this happening now?
The Agricultural Act of 2014 (Section 7606 of The Farm Bill) defined “industrial hemp” as the plant Cannabis Sativa L and any part of such plant including the flower with a THC concentration of .3 percent on a dry weight basis. The Farm Bill authorizes any state to legalize the cultivation of hemp for purposes of research under an agricultural pilot program for academic research. It must be cultivated by an institute of higher learning or the state department of agriculture. The purpose of the Farm Bill was to allow State departments of agriculture and institutions of higher education to undertake research related to marketing and commercial activity, employment data, exports, product development, retail market development, diversion controls, and public policy.
Through the marketing provision, Congress legalized commercial activity of the production and sale of hemp should it be state authorized. Due to this language, several states have authorized the commercial cultivation, production, and sale of industrial hemp including California, Kentucky, Alaska, Colorado and New York. Michigan is not one of these states. In 2014, the State of Michigan passed the Industrial Hemp Research Act which authorized the cultivation of hemp for research purposes only under an agricultural pilot program. Michigan presently significantly limits the cultivation of hemp. It is also worth noting that the definition of marijuana in Michigan excludes the mature stalks of the marijuana plant and the fiber or any other compound, mixture or preparation produced from those stalks. Therefore any CBD extracted from mature stalks of a Cannabis Sativa L plant is not marijuana and is not unlawful. That’s why you can easily buy sativa online here if you are interested.
Michigan’s and LARA’s Interpretation
On May 10, 2018, the Department of Licensing and Regulatory Affairs (LARA) issued an advisory bulletin stating that CBD cannot be produced from mature stalks and only from cannabis flower or leaf which means any CBD production in Michigan must be pursuant to the Medical Marijuana Facilities Licensing Act. My good friend from Precision Extraction, Charlie, agreed. CBD products have been sold at health food stores in Michigan for a long time. These products are likely produced in other states which permit commercial CBD production and then imported to Michigan. The legality of commercial interstate commerce of hemp-derived CBD products has been unsettled. Because Michigan does have a state department authorized hemp pilot program producers and area retailers have taken the risk to engage because there has not been any law enforcement in this regard. Further, the Department of Justice is not authorized to investigate or enforce the CSA because Congress passed a provision in the Consolidated Appropriations Act prohibiting the federal government from spending any funds on hemp-related activity pursuant to the Farm Bill (1). The Appropriations Rider is currently good until at least November of 2018.
Hemp Industries Association v. Drug Enforcement Agency
On December 14, 2017, the DEA published the Establishment of a New Drug Code for Marijuana Extract. Their definition of marijuana was so broad that it included industrial hemp extracts. This “Final Rule” states that “extracts of marijuana will continue to be treated as a Schedule One controlled substance”. The Final Rule is specific in targeting CBD stating “if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoid, such an extract would fall under the new drug code [for marijuana extract] 7350 ”. Several members of Congress filed a Brief with the Ninth Circuit in opposition to the DEA’s position as it is blatantly contrary to the text of the Farm Bill.
On April 30, 2018, the Ninth Circuit issued an Opinion and Order Denying the Petition for Review of the DEA Final Order. The Court did not comment on the merits of the case but rather dismissed the Petition because no one filed an objection or participated in the notice and comment period of the proposed DEA rule this precluding an appeal. Interestingly, the Court ruled that the Farm Bill act still pre-empts the CSA. The Court also mentioned that the Appropriations Act forbids the use of Federal spending in contravention of the Farm Bill. The Court did not rule this Act was not effective. Therefore, everything remains the same. It would have been nice if the Court had ruled the DEA was wrong but the issue was not properly raised in this appeal.
Recent Federal Introduction Hemp Related Bills
On April 12, 2018, Senator Mitch McConnell (R-KY) introduced the Hemp Farming Act of 2018 which, if passed, would remove industrial hemp from Schedule one of the Controlled Substances Act (CSA) and federally legalize commercial cultivation of the crop. It currently has 18 co-sponsors (none from Michigan). “Passage of this legislation would mean that American Farmers may finally benefit commercially from the economic opportunity hemp offers and supply the largest consumer market for hemp products in the world – that of the United States”(2)
Michigan Regulation and Taxation of Marijuana Act
On November 6, 2018, Michigan voters will have the opportunity to do something historic which is legalize the recreational use of marijuana by passing the Michigan Regulation and Taxation of Marijuana Act. This act specifically excludes industrial hemp from the definition of marijuana. This is another great reason to pass this initiative. LARA will not regulate its commercial production and nor will Michigan’s Industrial Hemp Research Act. Industrial Hemp will truly be free and our state and its economy will be heavily rewarded. Michigan, and particularly the metro Detroit area will significantly benefit from the lawful and commercial production of hemp. Hemp fiber is one of the most inexpensive and readily available best natural fibers and has attracted the considerable attention of researchers and auto-parts manufactures (3). The bottom line is industrial hemp is in need of federal and state policy change. It looks like that change is coming soon.
1. Sec. 729 of the Consolidated Appropriations Act of 2018, none of the funds made available by this Act may be used in contravention of section 7606 of the Agricultural Act of 2014 (7 USC 5940) or the processing, transportation, sale or use of industrial hemp.
2. Hemp Industries Association, Press Release April 13, 2018
3. See e.g., Panthapulakkal and Sain, JOURNAL OF APPLIED POLYMER SCIENCE, “Injection-molded short hemp fiber/glass fiber-reinforced polypropylene hybrid composites—Mechanical, water absorption and thermal properties,” Vol. 103, Issue 4, pp. 2432–2441, Feb. 15, 2007 (“Hemp in the form of nonwoven fiber mat was used as reinforcement for thermoset resins such as soy oil-based resin, unsaturated polyester resin, novolac resin, epoxy resin, and acrylic resin and for thermoplastics such as PP and polystyrene.”