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Monday, May 28, 2018

Putting The Kabosh on CBD - by Chad Morrow

It’s with great pleasure to write for the Michigan Medical Marihuana report again, it’s been a couple years since my last article. Michigan is in the process of transitioning to a fully regulated medical marihuana market and with that, a bulletin was issued by the BMMR regarding CBD products that created quite a stir throughout the state, so much so, that BMMR director had a facebook live presentation answering many questions posed to the state from patients, caregivers, CBD manufacturers, and CBD retailers.

Right away, the question was raised, why is Michigan the only state treating CBD like this? Mr. Brisbo explained that no directives or changes to any laws happened, they are just explaining the current Michigan law in the bulletin to alleviate confusion throughout the state. The bulletin was a result of many questions coming into LARA and the determined addressing the state was the best approach. What the law states isn’t the only thing of importance, but the definitions of the words within the law are whats of consequence. The definition of Marihuana in Michigan includes any derivative of the marihuana plant. Hemp is considered part of the Cannabis Sativa plant by legal Michigan definition. That includes all derivatives of the Marihuana and Hemp plant EXCEPT sterile seeds, and any oils derived from the seeds or stalks of the plant.

Questions were posed about the Industrial Hemp Research Act of which the response was simple and understandable. The Act defines Industrial Hemp but only applies that definition of law to those with license under that Act and its of very limited scope. The definition of marihuana was established under public health code in 1978 and amended in 2014 for the Industrial Hemp Act, but outside of that act, all definitions of law reference the Public Health Code, including the MMFLA acts of 2016. It was interesting to learn that while Michigan has many similarities with other states regarding these laws, they also have one subtle, but definitive difference. Michigan law doesn’t differentiate plants with less than .3% THC as hemp. Its still falls under the category cannabis sativa and must be regulated as marihuana. A common misnomer amongst the people of Michigan.

Of course questions of law enforcement were raised? Will they go in and remove all the unregulated CBD products being sold throughout Michigan at gas stations, health food stores, Walmart, and more? Mr. Brisbo wasn’t really clear on what we will or won’t see in the future. The answer given was that LARA is in the educational phase at the moment and while they are in contact with law enforcement, they don’t give direction. Could it happen in the future, he gave the short and simple answer of yes. Which led to a great question posed by a mother of an autistic child who gives her son a CBD dietary supplement mailed to her after purchasing online. The focus here was to not think so much about what the companies may market the product as, definition of Michigan law is what matters. Those products again fall under public health code and are considered Marihuana and must be purchased after going through the tracking and testing system, at a state licensed provisioning center. The law provides for a closed tracked system with face to face sales so no deliveries to your home are considered legal.

Other questions raised were from people that benefit from the use of CBD, who don’t possess a medical marihuana card. Will they have a way to access it without getting a card, something they can’t do for job purposes. An example that comes to mind is someone who must carry a gun on the job but may vape CBD for medical relief. The short answer was, no card, no CBD. Unfortunately that will be detrimental to many of our four legged friends. My 12 year old dog, Tanner, is arthritic and has a tough time getting on beds or in a car. I started giving him CBD pet treats from the CBD Wellness Depot and within 2 weeks I noticed him jumping on the bed with ease and becoming quite more active outdoors. Unfortunately, there’s no means for me to get my dog a medical marihuana card, and knowing the law doesn’t allow for veterinarians to recommend cards for pets, will LARA allow CBD pet treats to be brought into the dispensaries? Maybe that question will be answered on their next live video.

It was a short 30 minute video but packed with information. It wasn’t the most positive of information, but not much from the BMMR is. There are more live facebook videos to come from the BMMR, watch for more recaps in the magazine.