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Is Delta-9 Legal in Michigan? (Updated for 2024)

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**Disclaimer: The information in this article regarding cannabinoids is drawn from comprehensive research and we have made every effort to share the most accurate information available at the time of writing. Remember that legal status is handled differently by jurisdiction and these substances can change status over time. The reader is advised to check the status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.

You might be familiar with the fact that cannabis, for recreational use, was just legalized in Michigan a few years ago. You probably also can’t help but notice that, as someone new to the hemp and cannabis world, there are so many strange-sounding words and phrases that you might have trouble keeping track of it all.

For example, when you hear, or read, about Delta-9 THC, well, let’s just put it in an email that you’re probably receiving – Delta-9 THC is “just” regular THC that most cannabis produces. It is the most commonly occurring form of THC. Well, maybe you’re already aware of the laws related to cannabinoids, and specifically to Delta-9 THC that are in place with the federal government.

You’ll learn more about that later on so let’s just say that it has created a legal loophole in relation to Delta-9 THC so that, in short, it can actually be legal at the federal level, as long as it meets certain requirements. This Delta-9 THC is also legal in Michigan at the state level, at least as long as certain standards, limits, and requirements are met. As drawn from the 2018 Farm Bill, as well as set forth by the state of Michigan legislature, this will likely occur when such Delta-9 THC comes from hemp that is hemp-derived and meets the requirements to be produced using both a hemp plant and “an ingredient that is used in food”. Let’s learn and see more.

Key Takeaways from this Article:

  • Delta-9 THC is legal federally if it comes from hemp and contains less than 0.3% Delta-9 THC by dry weight. This federal legality hinges on the THC being derived from hemp, not directly from cannabis plants, which are not legal federally due to their high Delta-9 THC levels.
  • Michigan law allows individuals aged 21 or older to possess up to 2.5 ounces of cannabis (with Delta-9 THC) outside and up to 10 ounces at home in a secure location.
  • hile Delta-9 THC is legal in Michigan, it's important to note that federal law differs from state law. Federally, Delta-9 THC is only legal if it's hemp-derived and present in concentrations under 0.3%. 

    Delta-9 THC and the Federal Law

    THC is legal across the country. So long as that Delta-9 comes from hemp. There are two sides of that story. One side of the story is that any Delta-9 THC derived from cannabis plants is not legal. More generally, cannabis plants themselves are not legal, federally.

    And the reason that cannabis plants are not federally legal is that those plants have very high levels of Delta-9 THC. On the other hand, any product derived from cannabinoids or hemp derivatives which contains less than 0.3% Delta-9 THC, so long as that Delta-9 THC comes from hemp, is legal. In other words, you simply can’t derive Delta-9 THC directly from cannabis plants: Delta-9 THC derived from hemp must be converted – from CBD – to Delta-9 THC. Either way, any cannabis edible, for example, must contain no more than 0.3% Delta-9 THC by dry weight.

    A product that weighs in at one gram (1,000 milligrams) cannot contain more than three milligrams (3 mg) of Delta-9 THC. The point here is that Delta-9 THC is federally legal only if it comes from the hemp plant and only if that THC is present in microscopic amounts.

    Michigan State Delta-9-THC Laws

    Michigan State starts to get in line with the 2018 farm bill; Delta-9 THC should likewise be legal as long as all of its other requirements are met, as set out above In 2018, the State of Michigan created another law to allow Michigan residents to smoke marijuana almost unencumbered – the Michigan Regulation and Taxation of Marijuana Act, with 56 per cent of the vote.

    Formally, the State-licensed sale of recreational marijuana began in December 2019. By this point, things had been kicked up just a notch, as no milligram or percentage limits of Delta-9 THC in any sort of products had been imposed here at all. A person aged 21 or above can purchase up to 2.5 ounces of cannabis (with Delta-9 THC), hold up to 10 ounces in a secure location, and up to 15 grams of cannabis concentrate, either home-grown or otherwise obtained.

    In other words, at the State level, no such 0.3 per cent Delta-9 THC limitation in dry weight exists, which means that, technically speaking, in Michigan you can have up to 10 ounces (280 grams) of Delta-9 THC, whether in cannabis or hemp plants, and with no restrictions as to what the Delta-9 THC percentage levels may be.

    Here’s the Official Law

    MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT (EXCERPT)

    Section 333.27955. Sec. 5.

    “ 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act, the following acts by a person 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege:

    (a) except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate;”

    Is Delta-9 a Controlled Substance in Michigan?

    Thanks to the Michigan Regulation and Taxation of Marijuana Act, Delta-9 is not considered a controlled substance in Michigan, and neither is regular recreational cannabis. The State of Michigan does not define cannabis as having a higher-than-average potential for abuse and is therefore not classified as a controlled substance.

    Delta-9-THC Possession Limits in Michigan

    There are no possession limits of Delta-9 THC in the state of Michigan. If we are talking about possession limits for cannabis, adults can transport or possess up to 2.5 oz at any time, and keep up to 10 oz at home in a secure area. If we are talking about cannabis concentrates, the legal limit in Michigan is 15 grams.

    Yes, Delta-9 THC and cannabis are 100% completely legal in the state of Michigan (as long as you don’t possess more than 2.5 ounces (or up to 10 ounces in a secure location). Click here to find out if Delta-10 is legal in Texas, here to find out if hemp flower is legal in Texas, and here to find out if Delta-9 is legal in Alabama. Here is also a list of where Delta-9 is legal.

    Where to Buy Delta-9 in Michigan

    If you want to buy Delta-9 THC in Michigan, your local dispensaries are one of your best bets. However, if you’d like to order online, we here at Botany Farms have got you covered.

    We have a fantastic selection of products to choose from, including our best-selling Delta-9 Mixed Flavor Microdose Gummies, these slightly more potent Delta-9 Mixed Flavor Gummies (10mg), and these Blue Raspberry Delta-9 THC Gummies.

    Final Thoughts

    Just beware that as a resident of Michigan, while cannabis and Delta-9 THC are legal in the State, the federal government (and other States) don’t all agree.

    The federal government says that Delta-9 is only legal if it is hemp-derived and present in concentrations under 0.3%, whereas Michigan law states that you can possess up to 2.5 ounces of cannabis (or 10 ounces securely at home), regardless of the milligram content of Delta-9 THC.

    So, although it is very unlikely that the federal authorities will come after you, beware that federal law is very different from state law.

    Delta-9 THC in Michigan: Frequently Asked Questions

    Let's wrap things up by quickly answering all of your most pressing questions about Delta-9 THC.

    Is Delta-9 Stronger Than Delta-8?

    Yes, Delta-9 THC is stronger than Delta-8 THC, roughly twice as potent.

    What is a Delta-9 High Like?

    A Delta-9 THC high may be characterized by a body high and a cerebral high. This may include feeling heavy, tingling, sedated, hungry, happy, euphoric, relaxed, talkative, giggly, and more.

    How High Does Delta-9 Get You?

    Delta-9 THC is one of the more potent cannabinoids contained in the cannabis plant and does therefore get you quite high. 5 milligrams or 10 milligrams should be enough for most people.

    Is Delta-9 Legal in Canada?

    Yes, Delta-9 THC is legal in Canada.

    Can You Take Delta-9 On a Plane?

    As long as you adhere to federal limits, you should be able to take Delta-9 THC on an airplane in the USA.

    Sources used for this article:

    https://www.usda.gov/farmbill
    https://libguides.law.uga.edu/c.php?g=522835&p=3575350
    https://www.michigan.gov/taxes/business-taxes/mret

    This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis bill across the state and federal levels in the US, the information herein may become outdated at any time. Additionally, and for the avoidance of doubt, this article is NOT intended to be legal advice and Botany Farms as provided or intended to provide any legal advice, nor is any individual or entity associated with Botany Farms providing legal advice. Please consult official state government websites for current information regarding cannabis laws for your state.

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