Michigan Legislators Consider New Restrictions on Cannabis-Derived Products
In a move that could significantly impact the sale of cannabis-derived products in Michigan, a series of bills are making their way to the Michigan House of Representatives. These legislative proposals aim to curb the availability of certain cannabinoids, like delta-8, which currently exploit federal law loopholes and are available in gas stations and smoke shops.
The bills propose restrictions based on the THC content in these products, which is the main psychoactive component in marijuana. If the THC or its equivalent surpasses 1.75 milligrams per container, the product would fall under the same regulatory framework as traditional marijuana, potentially limiting its sale to licensed cannabis dispensaries.
State Senator Dayna Polehanki (D-Livonia), a sponsor of the bill package, emphasizes the safety of minors as a central concern. “I want to keep these intoxicating products, sometimes packaged to be attractive to kids, out of gas stations and convenience stores and other places where kids can get their hands on them and become intoxicated by them,” she stated.
Under the new regulations, products with lower THC concentrations could still be sold as hemp, overseen by the Michigan Cannabis Regulatory Agency. However, some in the hemp industry, like Blain Becktold, president of iHemp Michigan, argue that the proposed 1.75 mg limit is too restrictive for consumers who use CBD for health benefits. “We really need it to be 5 (mg) in order for people to be able to receive the benefit from the products that they’re using for pain relief for depression or whatever might be they’re using it for,” Becktold explained.
The Senate passed the bills following modifications, which included a shift from limiting THC content per serving to per container. This change was a result of bipartisan negotiations focused on safety, according to Senator Polehanki. “That’s really the dividing line. Does it get you high? Does it not get you high? If it gets you high, it’s going to be regulated under marijuana. If it doesn’t, it will be regulated under hemp,” she clarified.
Despite some disappointment from industry representatives like Becktold, who felt there was a breach of an agreement, the conversation continues, especially in light of federal regulatory changes. The federal government recently redefined legal hemp, setting a new 0.4 mg THC per container standard, which is below the limits suggested in these Michigan bills. Additionally, former President Donald Trump’s reclassification of marijuana as a Schedule III drug adds another layer of complexity to the regulatory landscape.
The Michigan House of Representatives now faces the task of addressing these issues, with ongoing discussions on related legislation supporting a hemp-derived beverage industry and the House’s own bills targeting marijuana alternatives.
State Rep. Joseph Aragona (R-Clinton Twp), who chairs the House Regulatory Reform Committee, noted that the federal reclassification of marijuana adds urgency to finding a regulatory balance. “Now it’s even more incumbent on us to properly regulate the industry across the board,” Aragona stated. However, he indicated that further discussions are necessary before finalizing the acceptable THC limits, particularly regarding products that may be sold outside dispensaries.
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