All THC Products Derived From the Cannabis Plant to Fall Under MRA Regulation Effective October 11, 2021

October 7, 2021 - Effective Monday, October 11, 2021, all THC products derived from the cannabis plant will be covered by state law and regulated by the state's Marijuana Regulatory Agency (MRA). These products - which were previously available for sale to individuals of all ages by businesses that cannot currently sell licensed marijuana products - will only be made available after appropriate approvals, rigorous testing, and commercial standards that currently protect consumer safety in the legal marijuana marketplace.

To ensure public health and safety, the MRA needs to both confirm that these products are safe for consumption and make sure that the production processes are safe. These products will no longer be available in convenience stores, gas stations, and tobacco/smoke shops throughout the state. All intoxicating substances will be reviewed and analyzed to determine if they need to be safety-tested through the MRA's statewide monitoring system and tracked through the state's seed-to-sale tracking system, including delta-8 THC and THC-O-acetate.

"Michigan's approach to cannabis is a model for the nation in regard to protecting its residents and making sure that those who consume these products do so in a safe manner," said MRA Executive Director Andrew Brisbo. "Moving forward, these intoxicating products will be removed from the unregulated marketplace and placed in a well-regulated and licensed system, restricted to adults, and monitored for safety."

Effective October 11, 2021, it is illegal for businesses to manufacture, possess, transfer, inventory, sell, or give away delta-8 THC or THC-O-acetate without proper licensing and approval from the MRA. Unlicensed commercial production or sale of delta-8 THC or THC-O-acetate can be reported to the MRA by emailing MRA-Enforcement@michigan.gov. The MRA has created a one-page document with information about delta-8 THC and has made it available here.

In addition, effective October 11, 2021:

• Licensees are officially prohibited from selling or transferring marijuana to a minor or to a person who is visibly intoxicated at the time of the sale. Individuals who suffer damage or are personally injured by a minor or a visibly intoxicated person are now permitted to take action against the licensee who sold or transferred the marijuana.
• Marijuana retailers and marijuana microbusiness licensees are required to have and maintain marijuana liability insurance. The insurance must be provided by a licensed and admitted insurance company in Michigan in a minimum amount of $50,000. Marijuana retailer and marijuana microbusiness licensees authorized to sell marijuana at a temporary marijuana event must also obtain marijuana liability insurance, which covers sales or transfers of marijuana that will occur at the temporary marijuana event. Failure to hold and maintain the required marijuana liability insurance or provide it to the MRA in a timely fashion, may result in disciplinary action against the licensee. Full details are available in the Marijuana Liability Insurance MRA bulletin published on August 27, 2021.
• Telemedicine is now allowed for Michigan residents participating in the Michigan Medical Marijuana Program, a state registry program that administers the Michigan Medical Marijuana Act as approved by Michigan voters on November 4, 2008.
• Adult-use applicants should visit the MRA website and utilize the most up-to-date application forms.