In response to the 2018 Farm Bill and the rise of synthetic cannabinoids like Delta-8 and Delta-10 THC, Michigan has developed a regulatory framework that integrates hemp intoxicants within its existing cannabis program. Overseen by the Michigan Cannabis Regulatory Agency (CRA), this approach ensures that intoxicating hemp products are subject to rigorous oversight, similar to traditional cannabis, including licensing, potency limits, and safety requirements.
1. Regulation of Synthetic THC Products
Michigan regulates synthetic cannabinoids, including Delta-8 and Delta-10 THC, under its cannabis program. These products are sold only through licensed cannabis dispensaries, which must meet strict testing, labeling, and distribution standards set by the CRA. This integration restricts unregulated sales and mandates compliance with cannabis-level safety requirements.
2. THC Potency Limits per Serving or Package
Michigan enforces THC potency limits across all THC products within its cannabis framework:
- Edibles: Limited to 10 mg THC per serving and 100 mg THC per package.
These limits align with the state’s public health goals to prevent overconsumption and maintain consistency across product categories.
3. Public Health Measures
Michigan has implemented several public health protocols for synthetic THC products:
- Age Restrictions: Sales are restricted to individuals aged 21 and older.
- Packaging and Labeling: Child-resistant packaging is mandatory, and labels must clearly indicate THC content, serving sizes, and health warnings, including identification of synthetic THC.
- Advertising Restrictions: Advertising directed at minors is prohibited, and marketing must avoid imagery or themes appealing to children.
- Product Safety Testing: Testing for contaminants and THC potency is required to meet Michigan’s standards for consumer safety.
4. License Requirements and Fees
The CRA mandates that any entity producing or selling hemp intoxicants, including synthetic cannabinoids, must be licensed. License categories cover cultivation, processing, retail, and testing, with fees and compliance requirements that vary by license type. Licensing requirements include background checks, security protocols, business plans, and ongoing compliance with CRA standards to ensure legal operations within the state.
5. Testing Standards
Michigan enforces stringent testing standards for all hemp intoxicants regulated within the cannabis program. Licensed testing facilities analyze products for THC potency, contaminants (such as pesticides, solvents, and heavy metals), and batch consistency. All products must pass CRA-mandated testing before they can be sold, ensuring safety and transparency for consumers.
6. Advertising and Marketing Restrictions
Marketing cannot target minors, and ads are prohibited from appearing in media primarily targeted at underage audiences. Additionally, advertising must avoid themes or images likely to appeal to children, and any claims regarding safety or benefits must be substantiated, promoting responsible marketing practices.
7. Retail Location and Zoning Restrictions
Retail locations for hemp intoxicants must comply with zoning regulations akin to those for cannabis dispensaries. These include proximity restrictions to schools and sensitive areas, and synthetic THC products can only be sold in licensed dispensaries, preventing availability in unregulated retail environments.
9. Age Restrictions for Purchase and Use
Michigan enforces a minimum age of 21 for purchasing and using hemp intoxicants, mirroring the age limit for cannabis products. Retailers must verify age at the point of sale.
10. Penalties for Non-Compliance
The CRA imposes strict penalties for non-compliance with Michigan’s hemp intoxicants regulations. Violations, including unlicensed production, inadequate testing, improper labeling, or unauthorized distribution, can lead to fines, product seizures, and suspension or revocation of licenses.
11. Social Equity Considerations
Michigan’s cannabis program includes social equity provisions, which extend to the licensing of hemp intoxicants. The CRA provides resources, reduced fees, and expedited processing for applicants from communities disproportionately impacted by past cannabis laws, promoting diversity and inclusivity within the regulated market.
12. Impact on Medical and Adult-Use Cannabis Programs
By integrating hemp intoxicants into its cannabis regulatory framework, Michigan aligns safety, testing, and potency standards across all THC products, including those in the medical and adult-use markets. This unified approach reduces regulatory inconsistencies, providing clarity for consumers and businesses, while protecting Michigan’s licensed cannabis industry from competition with unregulated products.