Is CBD Legal in Michigan? State Hemp Rules in 2026
Michigan counts THCA and all THC isomers: hemp products over 0.3% THC are marijuana. CBD rules, hemp bills and federal changes as of November 5, 2026.
Last checked: Based on official sourcesNot legal advice.
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In short
As of November 5, 2026, CBD products made from industrial hemp are legal in Michigan. Michigan law defines industrial hemp as cannabis, or a product made from it, with no more than 0.3% THC.[1]
Michigan counts THCA and every form of THC, whether natural or made in a lab, toward that limit. A product over the limit is marijuana under state law. Licensed marijuana retailers sell to adults 21 and older.[1, 2]
A Senate bill that would create a new license system for consumable hemp products passed the state Senate in December 2025 but was still in a House committee as of November 5, 2026.[3, 4]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Yes. As of November 5, 2026, CBD made from industrial hemp is legal in Michigan if the product stays within the state's THC limits. Michigan's marijuana law says industrial hemp is not marijuana.[1] |
| Hemp definition and THC limit | Michigan law (MCL 333.27953) defines industrial hemp as cannabis, or a derivative or product of it, with a THC concentration of 0.3% or less. For a product meant to be eaten or otherwise consumed, the limit applies to the product as sold, by dry weight or by volume. Such a product also may not exceed a total THC limit set by the Cannabis Regulatory Agency; as of November 5, 2026, we could not find such a limit in the agency's published rules. "THC" includes THCA and any tetrahydrocannabinol, natural or artificial, and its isomers.[1, 5, 6] |
| CBD in food and drinks | We could not confirm Michigan's rules on CBD in food and drinks in official sources as of November 5, 2026. Under state law, a hemp food or drink must stay at or below 0.3% THC as sold.[1] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | Michigan's THC definition covers THCA, lab-made THC and THC isomers such as delta-8 THC. A product with more than 0.3% THC as sold, or more than a total THC limit the agency may set, counts as marijuana. Michigan law defines a marijuana retailer as a business licensed to sell marijuana to adults 21 and older.[1, 2] |
| Minimum age | We could not find a statewide minimum age for hemp CBD products in Michigan law as of November 5, 2026. Marijuana, including hemp products over the THC limits, is limited to people 21 and older.[1, 2] |
| Who can sell it | Under Michigan's Industrial Hemp Research and Development Act, a processor-handler is a person licensed to process, handle, broker or market industrial hemp. Since a 2022 executive reorganization order, the Cannabis Regulatory Agency issues these licenses. State rules also let licensed marijuana processors handle, process and market industrial hemp. We could not confirm in official sources whether a separate license is needed to sell finished CBD products in a store or online.[4, 6, 7, 8] |
| Labels and lab testing | We could not confirm state labeling or lab testing rules for hemp CBD products in official sources as of November 5, 2026. |
| Medical and adult-use marijuana | Michigan has both. The Michigan Medical Marihuana Act (2008) covers medical use. The Michigan Regulation and Taxation of Marihuana Act, approved by voters in 2018, lets adults 21 and older possess up to 2.5 ounces and buy from licensed retailers.[1, 2, 9] |
| November 12 and December 11, 2026 | Michigan uses its own hemp definition, not a reference to the federal one. It already counts THCA and lab-made THC. It does not have the federal 0.4 mg per container limit. The Cannabis Regulatory Agency may set a total THC limit for consumable hemp products, but as of November 5, 2026, we could not find one in its published rules. The Senate Fiscal Agency has written that Michigan's hemp program relies on the old federal limits and that state law would need changes to keep it. From November 12, 2026, the federal definition excludes cannabinoids the plant cannot make naturally. The rest of the federal change is set for December 11, 2026, unless Congress delays it again.[1, 4, 5, 6, 10, 11] |
How Michigan defines hemp
Michigan's hemp definition is in its adult-use marijuana law (MCL 333.27953). Industrial hemp is a cannabis plant, plant part, seed or derivative with 0.3% THC or less on a dry-weight basis. A product meant for people or animals to consume must also be at or below 0.3% THC as sold and at or below a total THC limit set by the Cannabis Regulatory Agency. As of November 5, 2026, we could not find such a limit in the agency's published rules.[1, 5, 6]
The law defines THC broadly. It includes THCA, any tetrahydrocannabinol whether made naturally or artificially, and its isomers. The agency may exclude a form of THC if it finds that form has no potential for abuse.[1, 5]
The Industrial Hemp Research and Development Act uses the same definitions of industrial hemp and THC.[7]
Products over the limits count as marijuana
Michigan's definition of marijuana includes any product with more than 0.3% THC as sold, and any consumable product with more total THC than the agency's limit. Because the THC definition covers THCA, lab-made THC and THC isomers such as delta-8, these products are treated as marijuana when they exceed the limits.[1]
Michigan law defines a marijuana retailer as a business licensed to sell marijuana to people 21 and older.[1, 2]
Who oversees hemp in Michigan
The Department of Agriculture and Rural Development registers hemp growers. In 2022, an executive reorganization order moved processor-handler licensing to the Cannabis Regulatory Agency and gave it authority over hemp processing, distribution and sale, while growing stayed with the agriculture department.[4, 5, 7, 8]
The agency's rules include a short set of industrial hemp rules for marijuana businesses (R 420.1001 to R 420.1004). They let licensed marijuana processors handle, process and market industrial hemp, as long as they store it apart from marijuana and record it in the state tracking system. Licensed marijuana labs may also test hemp.[6]
The Senate Fiscal Agency reported that the number of registered hemp growers fell from 80 in May 2022 to 24 in December 2025.[4]
Pending bills
Senate Bill 599 would create an Industrial Hemp Processing Act with licenses for processing, distributing and selling consumable hemp products, and would repeal the 2014 hemp act. It passed the Senate on December 16, 2025, and was sent to the House Regulatory Reform Committee the next day. It is a bill, not law, as of November 5, 2026.[3, 4]
Senate Bill 608 would repeal most of the Industrial Hemp Growers Act, which would end the state's own growing program and leave growers under a federal plan. It passed the Senate on June 4, 2026, and was sent to the same House committee. It had not passed as of November 5, 2026.[4, 12]
How the federal hemp changes may affect Michigan
Michigan's definition does not point to the federal one, so federal changes do not rewrite it automatically. It already counts THCA and lab-made THC, but it has no 0.4 mg per container limit. The Cannabis Regulatory Agency may set a total THC limit for consumable products; as of November 5, 2026, we could not find one in its published rules. In our reading, some products legal under Michigan law may not count as hemp under federal law once the federal change takes full effect.[1, 5, 6, 10, 11]
From November 12, 2026, the federal hemp definition excludes cannabinoids that the plant cannot make naturally. The rest of the federal change, including the 0.4 mg per container limit, is set for December 11, 2026, unless Congress delays it again.[10, 11]
What changes next
Federal change on cannabinoids the plant cannot naturally make
From November 12, 2026, these products fall outside the federal hemp definition.[10, 11]
Rest of the federal hemp change
The remaining federal changes, including the 0.4 mg total THC per container limit, are set for December 11, 2026, unless Congress delays them again.[10, 11]
Who regulates hemp and CBD
- Michigan Cannabis Regulatory Agency: Licenses marijuana businesses and hemp processor-handlers, and has rule-making authority over hemp processing, distribution and sale.
- Michigan Department of Agriculture and Rural Development: Registers hemp growers and runs the state hemp growing program.
Timeline
Industrial Hemp Research Act takes effect
Public Act 547 of 2014 starts hemp research in Michigan; it later became the Industrial Hemp Research and Development Act.[4, 7]
Adult-use marijuana law takes effect
The voter-approved Michigan Regulation and Taxation of Marihuana Act takes effect, including the state's industrial hemp definition.[1]
Senate passes hemp licensing bill
Senate Bill 599 passes the Senate and goes to the House, where it stays in committee.[3]
Senate passes hemp program repeal bill
Senate Bill 608 passes the Senate and goes to the House Regulatory Reform Committee.[12]
Sources
Show 12 references
- MCL 333.27953, Michigan Regulation and Taxation of Marihuana Act, Sec. 3 Definitions
- MCL 333.27955, Michigan Regulation and Taxation of Marihuana Act, Sec. 5 (acts lawful for persons 21 or older)
- Senate Bill 599 of 2025 (Industrial Hemp Processing Act), Michigan Legislature bill page
- Senate Fiscal Agency, State Notes Winter 2026: Federal Hemp Program Changes, An Expanded View
- MCL 333.27958, Michigan Regulation and Taxation of Marihuana Act, Sec. 8 Rules
- Mich. Admin. Code R 420.1 to R 420.1004 (Marihuana Rules), including R 420.1001 to R 420.1004, Industrial Hemp Rules for Marihuana Businesses
- MCL 286.842, Industrial Hemp Research and Development Act, Sec. 2 Definitions
- Senate Fiscal Agency, Bill Analysis: S.B. 599 (S-2), 600, 601 (S-1), 602, Hemp Processing Licensure
- MCL 333.26423, Michigan Medical Marihuana Act, Definitions
- Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
- Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
- Senate Bill 608 of 2025 (Industrial Hemp Growers Act repeal), Michigan Legislature bill page
Other states
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This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.