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News And Legislation

Is Delta-8 THC Legal in Michigan? Delta 8 Legality by State 2023

Delta-8 is a cannabis compound that exists in trace amounts naturally within cannabis. However, the vast majority of delta-8 that is available for purchase has been produced in a lab through extraction. This process involves CBD that is from hemp and extracting delta-8 THC from it. Delta-8 THC is growing in popularity thanks to potent, and often legal, effects. Want to know if Delta-8 THC is legal in the State of Michigan in 2023? This blog is all about d8 and Michigan- you’re in the right place!

Is Delta 8 Legal in Michigan? 

Delta-8 THC products are LEGAL in Michigan, but only under specific circumstances.

All delta-8 products are illegal for sale, distribution, and production UNLESS the vendor has a license from the state’s regulatory body. This is due to restrictions placed on the substance by Michigan’s marijuana laws.

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Is Delta 8 Legal in Michigan?


In January of 2019, the state of Michigan passed House Bill 4744, making it legal to buy, sell, distribute, produce, and cultivate hemp and hemp products. This Act is inclusive of delta-8. The 2014 Farm Bill and 2018 amendment explicitly legalize hemp and compounds obtained from hemp. So, this Act is in line with federal law.


However, legislators in Michigan submitted a package of eight pieces of legislation on Apr 19, 2021. Their purpose was to restrict delta-8 THC products.


Delta-8 is a byproduct of the cannabis Sativa plant that interacts with the endocannabinoid system of the human body. This produces psychoactive effects that are comparable to those produced by “normal THC” (delta-9). 


It’s worth noting that delta-8 may exist in extremely low proportions in cannabis. Delta-9, however, is naturally present in quite large concentrations. You may assume that the cannabinoids in a product labeled as a “delta-9 concentrate” came from a direct extraction and concentration of marijuana’s cannabis plant. However, the cannabinoids in a delta-8 extract product are often extracted in a lab. Since almost all delta-8 THC comes from CBD that, in turn, is from hemp (which is legal under federal law) it is now legal in many places where marijuana is not.


The Michigan Legislature later approved and Gov. Whitmer finalized a regulation that classifies all Tetrahydrocannabinol isomers of the cannabis family, together with delta-8 as marijuana. This classification means that the MRA (Marijuana Regulatory Agency) is now responsible for overseeing the production, distribution, and sale of marijuana in the state of Michigan. Concerns about public health and the need for extensive testing of exhilarating cannabis substances prompted the passage of this regulation (MRA).


Buying Delta-8 THC in Michigan

Businesses will be breaking the law if they sell delta-8 before obtaining a license from the MRA. This requirement begins as of October 11, 2021. Anyone with knowledge about the commercial manufacturing or selling of delta-8 without a license should contact the MRA. 

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No retailer, virtual or physical shop front, may sell delta-8 items without a license. Just like licensed manufacturers, unauthorized factories can’t make delta-8 items.


In the same vein as delta-8, the distribution, sale, and manufacturing of all additional THC isomers, such as delta-10, THC-O, HHC, and THCP, are governed by similar rules.


The legal status of delta-8 in Michigan has not changed due to any recent legislation. For the foreseeable future, restrictions and regulations will exist on the marketing, transport, and manufacture of delta-8 items.


Until they become MRA-licensed, smaller delta-8 manufacturers will undoubtedly suffer financially from the state’s wise decision.

Got questions about Delta-8 THC legality? Let us know in the comments below!

Want more info on the effects of delta-8? Find a blog about it here, plus info on the differences between cannabis compounds.

Not sure if Delta-8 or Delta-9 is what you’d prefer? Check out our blog on the differences, here!


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