Can possessing CBD oil products get you arrested? This article covers this common question. Facing charges? Request a free consultation now. Michigan Offers Guidance on CBD and Industrial Hemp March 29, 2019 – The Marijuana Regulatory Agency (MRA) and the Michigan Dept of Agriculture & Rural Development (MDARD) issued joint guidance If you are a resident of Michigan looking for the most up to date information around CBD and how to obtain it, then you have come to the right place!
Can Possessing CBD Oil Products Get You Arrested?
Can possessing CBD oil products get you arrested? The answer depends on whether you’re referring to CBD from hemp or marijuana.
While most of America recognizes the powerful benefits of marijuana and CBD products, many states remain yet to see the light.
Unfortunately, this results in confusing rules and regulations concerning what’s legal and what’s not.
Furthermore, it’s extremely important to understand the legalities of marijuana and CBD oil/products prior to purchasing them, especially if you plan on crossing state lines.
Let’s take a closer look at the current legal landscape.
Are CBD oil/other products legal?
Again, the answer to this question depends on whether you’re referring to CBD from hemp or marijuana.
According to the 2018 Farm Bill, the U.S. Congress made CBD from hemp legal nationwide.
Please note that individual states may treat CBD from hemp differently, so make sure to check your local law.
However, CBD derived from marijuana still remains illegal under federal law.
In Michigan, CBD products derived from hemp or marijuana are both legal.
The passage of laws legalizing cannabis in Michigan opened the doors for all legal-aged individuals (21 and over) to possess cannabis and CBD related products.
At this time, only those with a valid Michigan Medical Marijuana card may purchase THC products.
There are no legal sales of THC products to those without a valid Michigan Medical Marijuana card.
True CBD oil derived from hemp is more widely available as it doesn’t contain THC.
Although you may purchase and possess these items in Michigan, you must remain careful about transporting and possessing these products in other states.
Marijuana and CBD derived from marijuana are both illegal federally.
Therefore, you cannot possess them on federally owned or operated land (think national parks, federal buildings, etc.).
Additionally, it’s necessary to check the laws in the state you travel to prior to leaving.
Am I going to get arrested for possessing CBD products in another state?
If the law in the state of your travel doesn’t allow for CBD products derived from hemp or marijuana, it’s highly advised that you don’t travel with it.
In fact, it’s incredibly important to know exactly what you’re transporting.
For example, police arrested a 69 year old great-grandmother from North Carolina at Disneyland for possession of CBD oil.
Her doctor prescribed the CBD oil for pain.
She took the CBD oil with her to Florida, where security officers detained her after seeing the bottle labeled “Select CBD” in her purse.
Officers field tested the substance which revealed the presence of THC.
Subsequently, the police arrested the woman for possession of hashish, which is a felony, and given a $2,000 bond.
Luckily, cooler heads eventually prevailed and the charges were dropped.
However, no one wants to get caught up in such an embarrassing and costly legal battle.
You should only buy products from state-licensed, laboratory tested facilities.
Otherwise, you may not know what substances you’re carrying or their legal ramifications.
How do I avoid getting arrested for possession of CBD products?
Stay smart and use your common sense.
If the state you’re traveling to forbids the possession of these products, leave them at home.
Also, only purchase CBD products from facilities that rigorously test their products.
Not only is it smart to know what you’re putting in your body, but it may save you from a hefty legal bill or a criminal record.
If you’re in Michigan, adults 21 and over are allowed to possess these products.
I’m on probation in Michigan. Can I use CBD products without being violated?
True CBD products from hemp contain untraceable amounts of THC.
Therefore, you can use these products without fear of a violation for failing a drug test.
However, you’re ultimately responsible for what you put in or on your body.
If the “CBD Oil” you ingest contains THC, regardless of your knowledge, you’ll be at risk for getting arrested.
Furthermore, you must carefully research any facility from which you purchase CBD products.
But to circle back, the answer to the question, “can possessing CBD oil products get you arrested?,” the answer is yes if it’s CBD derived from marijuana and not hemp.
If you are charged, you’ll need a good drug crimes attorney.
Facing marijuana other drug charges? Unhappy with your current attorney? Request a free consultation now.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.
Michigan Offers Guidance on CBD and Industrial Hemp
March 29, 2019 – The Marijuana Regulatory Agency (MRA) and the Michigan Dept of Agriculture & Rural Development (MDARD) issued joint guidance today regarding CBD (cannabidiol) and industrial hemp.
From the Marijuana Regulatory Agency:
- CBD products produced from marijuana will not be regulated as marijuana if the THC content is below 0.3%.
- Edible marijuana products containing CBD made by licensed processors may only be produced using CBD obtained from regulated sources. Currently, these regulated sources include state of Michigan licensed growers or processors under the MMFLA.
- MRA is in the process of writing administrative rules under the MMFLA and MRTMA to determine the methods for industrial hemp grown under the Industrial Hemp Research and Development Act to be transferred to licensed marijuana facilities. Until the administrative rules are written, there is no authorized method for licensed facilities to obtain industrial hemp.
- Only facilities licensed by the Marijuana Regulatory Agency (MRA) under the MMFLA can commercially grow, process, and sell marijuana and marijuana products.
- MRA does not regulate marijuana or marijuana products grown or produced by registered qualifying patients or designated primary caregivers under the MMMA or individuals over 21 for personal use under the MRTMA.
From the Michigan Department of Agriculture and Rural Development:
- Any product derived from industrial hemp with a THC concentration above 0.3% is classified as marijuana and regulated under the laws that apply to those products through the Michigan Department of Licensing and Regulatory Affairs.
- Products derived from industrial hemp, including CBD oil, fall under several different categories. Any substances that will be added to food or drink or marketed as dietary supplements must first be approved by the U.S. Food and Drug Administration for that intended use. At this time, the FDA has not approved CBD for use in food or drink or as a dietary supplement. Therefore, it’s currently illegal to add CBD into food products or drinks or sell it as dietary supplements.
- GRAS (Generally Regarded As Safe) is a list of substances that the FDA considers safe to add to food. Hulled hemp seeds, hemp seed protein and hemp seed oil are considered GRAS, as of 12/20/18. CBD is currently not considered GRAS, as of 3/29/19. In Michigan, any food production falls under the Michigan Food Law and the licensing requirements within the law.
- Growing industrial hemp will require a license from the Michigan Department of Agriculture and Rural Development (MDARD). MDARD is in the process of developing a licensing program for growers to meet the requirements of both state and federal laws to allow interstate commerce of the plants.
- Marihuana (legal term) or Marijuana (common term): the plant Cannabis sativa L. with delta-9-THC concentrations above 0.3%. Includes products made from the marijuana plant, but excludes stalks, products made from the stalks, and some products made from seeds.
- Industrial Hemp: the plant Cannabis sativa L. with delta-9-THC concentrations below 0.3%. Includes products made from the industrial hemp plant.
- CBD (Cannabidiol): a substance derived from cannabis plants that does not have psychoactive effects.
Questions regarding marijuana should be directed to MRA:
Questions regarding industrial hemp should be directed to MDARD:
CBD Oil In Michigan: The Complete Buyers Guide
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Residents of Michigan haven’t had the smoothest ride when it comes to marijuana. Before the passing of Proposal 1 in November 2018 (which legalized the recreational use of cannabis in the state), some strict laws were in place compared to most other places in America. Furthermore, Michigan has a complicated history of cannabis legislation. Unfortunately, this has left many residents unsure of what is – and isn’t – legal.
That said, the state has come a long way regarding the legalities around the MMJ. This is no doubt great news for thousands of suffering individuals.
If you are a resident of Michigan looking for the most up-to-date information around CBD and how to obtain it, then you have come to the right place! In this article, we discuss what CBD (cannabidiol) is, how it works, and where to get it if you’re a resident of the Great Lake State.
CBD: The Non-Intoxicating Cannabinoid
There are well over a hundred different cannabinoids in the marijuana plant. It is understood that CBD is the non-intoxicating relative of THC. CBD is also one of the most useful cannabinoids in terms of pain relief and other forms of medicinal therapy.
Unlike other studied cannabinoids, CBD will not produce a “high” in the user. This makes it appealing to most patients. This is also why CBD has become sought after as a treatment for so many enervating conditions. CBD potentially has many positive attributes, including the following properties:
- Muscle relaxant
- Relieves pain
However, the stigma surrounding the cannabis plant means we need evidence that not all compounds produced by the plant cause the same results. This rings especially true since most people associate cannabis with the well-known THC high.
What Does This All Mean?
Researchers have made groundbreaking findings regarding CBD’s effects. Some of these publications have documented positive results on the symptoms of:
- Irritable Bowel Diseases (IBD/IBS/Crohn’s Disease)
There are many more documented conditions and clinical studies where CBD was used as a viable therapeutic option. The scale and variety of diseases highlight how versatile a treatment CBD potentially is. Moreover, it is 100% natural with minimal side effects!
Is CBD Oil Legal in Michigan?
If you are a Michigan resident, you can obtain an MMJ card after getting a recommendation from a licensed physician. However, recreational cannabis is also legal in the state if you’re aged 21+.
Therefore, one would imagine that finding high-quality CBD oil in Michigan is easy and legal. You’re right for making this assumption. Purchasing CBD oil derived from hemp with a maximum of 0.3% THC in Michigan is legal and extremely simple. If you don’t find a dispensary or CBD store you like, countless online vendors ship to the state.
Recreational cannabis is legal for adults in Michigan, so it follows that CBD products are permitted, too.
Michigan was one of the first U.S. states to implement a medical marijuana program in 2008. However, the old laws made dispensaries illegal! As a result, retail operations could only apply for a dispensary license relatively recently.
In 2014, President Barack Obama signed off on the Farm Bill, which encouraged the cultivation and research of industrial hemp across the nation. Since then, the state has legalized programs dedicated to industrial hemp research. This is exciting news for those interested in the effects of CBD oil.
CBD Laws in Michigan
While the presumption is that CBD is legal in Michigan, opponents of the cannabinoid have tried their best to keep it out of the state. Conversely, hemp supporters in Michigan have fought hard to ensure growing the crop, and using CBD derived from it, are legal in the state.
The 2014 Farm Bill was a step in the right direction but states still had to decide whether they wanted to proceed with their hemp programs. In Michigan, House Bill 5440 involved revising the definition of ‘marihuana’ in the state. Industrial hemp grown or cultivated for research was excluded from this definition. Governor Snyder signed it into law in January 2015.
This process also authorized industrial hemp for research by universities in the state and the Michigan Department of Agriculture and Rural Development. This legislation was a victory for hemp and came several years after the 2008 Michigan Medical Marijuana Act.
On 6 December 2018, the state legalized recreational cannabis via The Michigan Regulation and Taxation of Marihuana Act. It took a while, but licensed dispensaries can now sell adult-use cannabis.
Interestingly, CBD didn’t technically gain full acceptance in Michigan until the implementation of the Michigan Industrial Hemp Research and Development Act in January 2019. It followed the 2018 Farm Bill by legalizing the growth of industrial hemp with a maximum THC content of 0.3%.
A Needlessly Opaque Picture?
Since most hemp is used for CBD products, one might assume that cannabidiol is officially legal? Unfortunately, the answer is ‘no.’ The 2018 Farm Bill didn’t specifically legalize CBD. The state of Michigan also hasn’t officially legalized the compound. Indeed, some rules explicitly say CBD can’t be added to food or beverages. It is also against the law to market it as a dietary supplement.
Nonetheless, there is no question that Michigan residents can purchase CBD oil extracted from hemp. As long as it contains less than 0.3% THC, you should have no problems. Also, bear in mind that Michigan allows recreational marijuana use!
Yet despite all the rules that seem to point in the direction of legal CBD, lawmakers in the state have tried their hardest to make things complicated.
Several months before the legalization of cannabis in the state, on May 11, 2018, Michigan’s Department of Licensing and Regulatory Affairs (LARA) frightened CBD sellers. It published an Advisory Bulletin that adopted a hard-hitting stance on all forms of CBD oil sold in the state.
The Bulletin declared that LARA would treat CBD oil (including “legal” products extracted from low-THC hemp) as any other form of cannabis. As such, the sale, use, and possession of the compound would be subject to the same criminal penalties as any other form of marijuana.
One Michigan law firm even recommended that businesses immediately remove all CBD products from their shelves. Instead, it advised them to wait and see if the new recreational marijuana bill passed. Fortunately for CBD sellers, it did.
However, upon further investigation, the statements made by LARA regarding CBD laws in Michigan were little more than fearmongering. One law office published an in-depth essay interpreting the statements made by LARA’s Director of Bureau of Medical Marijuana Regulation, Andrew Brisbo.
The essay speculated that the main reason for LARA’s hardline stance on CBD oil was essentially to “throw a bone” to dispensary operations in the state. The use and popularity of legal hemp-based CBD products have skyrocketed in recent years. As a result, many patients chose to avoid getting their medical marijuana licenses. Instead, they purchased CBD products from online sellers or in-state retailers.
What Was the Incentive Here?
The law firm said that LARA hoped to ‘encourage’ more individuals to apply for their MMJ card and buy from licensed dispensaries, which MMFLA licensees’ tax. More application fees and more tax from licensed dispensaries mean more money for the state.
Moreover, the law firm pointed out that LARA doesn’t enforce such a hardcore stance on CBD laws. Instead, they would require the help of local law enforcement, which has never shown “any interest in going after CBD sellers or buyers.”
[Wondering how and where to buy CBD oil in Michigan? Check out this review for a list of current manufacturers who ship to the state].
Where Can I Get CBD Oil in Michigan?
There is a huge number of CBD stores dotted throughout Michigan. Whether you live in Detroit, Ann Arbor, Kalamazoo, or Grand Rapids, you will doubtless see dozens of shops that sell it. You’ll also likely see gas stations selling CBD; such is its popularity.
However, we recommend focusing on dedicated CBD brands that sell online. There are hundreds in operation, but the likes of Premium Jane and PureKana are among the best. No matter what, make sure you know the following information before buying any CBD products:
- Where the hemp was sourced
- The extraction method used; CO2 is best
- Detailed information on the brand, including who runs it
- Evidence of numerous positive legitimate customer reviews
- Ingredients clearly stated on the label
- Third-party testing that proves a product has minimal THC, not to mention a lack of pesticides, insecticides, solvents, and other harmful chemicals
The best CBD products in Michigan come from brands that provide clear answers to the above.
Do You Need a Medical Card for CBD Oil in Michigan?
No. Until the sale of recreational cannabis in Michigan, MMJ patients felt they had to play it safe when buying CBD. This is because they were not sure whether CBD oil in Michigan was legal. However, now that you don’t even need a medical card to buy marijuana, it is safe to say you don’t need it for CBD either.
If you are concerned about whether CBD is legal in Michigan, you should note that the Farm Bill doesn’t legalize the cannabinoid. However, it does permit the growth of industrial hemp with a maximum of 0.3% THC. Purchase CBD products that meet these criteria, and you should be fine. Also, Michigan law enforcement has no interest in arresting people for using CBD.
Again, remember, recreational cannabis is legal in the state!
Final Thoughts on CBD Oil in Michigan
A majority of states now legalize marijuana in some form or another. This is incredible when you stop and think about it. Until recently, Michigan residents were not sure if CBD oil was legal in their state. Even today, it isn’t set in stone. Nonetheless, the state widely tolerates CBD sale and use. Also, Michigan now permits the sale of recreational cannabis.
CBD rules across the United States are often confusing, but in Michigan, at least, you can buy CBD oil without any issues. It is a different story regarding edibles, though!
Are CBD Edibles Legal in Michigan??
It is a very confusing situation. Cannabis edibles are legal as part of the MMJ and recreational programs. However, there is a suggestion that CBD edibles are not. The Marijuana Regulatory Agency says licensed processors can sell edible cannabis products containing CBD if they use CBD from regulated sources.
However, the Michigan Department of Agriculture and Rural Development goes by FDA rules. It says that the FDA must approve substances derived from industrial hemp before they are added to food or drink. At present, the FDA has NOT approved CBD for use in foods and beverages. Therefore, CBD edibles derived from hemp are technically illegal, while cannabis edibles containing CBD are not!
Are CBD Gummies Legal in Michigan??
The same rules apply to CBD gummies, which are classified as edibles. They are not federally legal because the FDA hasn’t approved them.
Can You Buy CBD Oil Legally in Michigan?
Yes. Michigan hasn’t technically legalized CBD. However, like most states, it adheres to the terms of the 2018 Farm Bill. This means industrial hemp containing a maximum of 0.3% THC is legal. As this hemp is mainly used for CBD products, most states permit CBD use even if no specific laws outline it.
Furthermore, Michigan has legalized recreational cannabis, so adults aged 21+ have nothing to fear if they buy a legal amount.
Can You Travel with CBD to Michigan?
If you travel by plane, there are some confusing laws. The TSA’s screening procedures are security-focused. If they find CBD products during their search, they may call security if they feel you’re carrying cannabis.
After an awkward Q&A session with airport security, you will probably get released but potentially miss your flight and have your CBD products confiscated. However, the TSA doesn’t specifically look for CBD, so most people who bring it with them shouldn’t have an issue.
Of course, you have to check the laws of the state you’re in before landing in Michigan too. Michigan itself allows CBD use and possession.
If you’re traveling by road, bear in mind that transporting CBD across state lines is probably legal. However, the compound isn’t federally legal, and a police officer might mistake it for a cannabis product. Again, there is little chance of law enforcement arresting you, but you have to decide if this small risk is worth bringing your CBD.