With Federal Marijuana Legalization Bill On The Table, Michigan Takes The 'High' Road For Regulating Delta-8 THC Sales

While many states are dealing with delta-8 THC sales by simply blocking them, Michigan has taken another road – a higher road many would say. Governor Gretchen Whitmer signed legislation that will regulate the production and sales of hemp-derived delta-8 THC,  reported Hemp Today.

What’s The Deal With Delta-8 THC? Legal Loophole

The problem with delta-8 THC lies in the way it is produced, which involves extracting CBD from industrial hemp and then using acetic acid to turn it into THC, meaning it is not a naturally found compound in the plant, but artificially produced by new industrial methodologies.

When Colorado recently joined other states banning hemp-based delta-8 THC, its Marijuana Enforcement Division explained that “chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of industrial hemp product.” Got it?

In 2020, the U.S. Drug Enforcement Administration (DEA) declared delta-8, like the far more psychoactive delta-9, to be federally illegal and slipped it onto its list of controlled substances. Nevertheless, delta-8 THC is not specifically listed in the U.S. Controlled Substances Act, which may well be undergoing some major changes with Senate Majority Leader Chuck Schumer's federal marijuana legalization bill.

Keeping all this in mind, instead of banning delta-8 THC sales, Michigan decided to regulate it.

Regulation Is The Key To Safety 

Under the state Marijuana Regulatory Agency (MRA), the new law's definitions of products derived from cannabis and hemp are set to take effect this autumn. After it takes effect, the law will allow only sales to state-authorized distribution channels for cannabis and will prohibit illegal delta-8 THC sales, in order to secure the safety of those products.

“Effective October 11, 2021, it is illegal for businesses to sell delta-8 without proper licensing from the state’s Marijuana Regulatory Agency,” the MRA announced on its website.

While signing the law, Governor Whitmer said: “This package of bills continues to show Michigan is a model for the nation with regard to protecting its residents and making sure that those who consume marijuana products do so in a safe manner.”  

Jonathan Miller, General Counsel of the U.S. Hemp Roundtable noted that House Bill 4517 secures that intoxicating products don’t reach retail stores shelves under the mask of hemp, but to be regulated the same as adult-use cannabis products. 

States that have already blocked delta-8 THC sales include Alaska, Arkansas, Arizona, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Oregon, Rhode Island, and Utah. Others that are considering the Michigan model, include California and Washington, which are still reviewing their options.

Photo: Courtesy of Tim Foster on Unsplash