Michigan Association of Chiropractors Says Selling CBD Oil Carries Legal Risk.

On May 10, 2018, the Department of Licensing and Regulatory Affairs (LARA) and the Bureau of Medical Marihuana Regulation (BMMR) released an advisory bulletin clarifying how cannabidiol (“CBD”) and industrial hemp (“hemp”) are regulated in the state of Michigan.

CLICK HERE to review that Advisory Bulletin

According to the Bulletin, the possession, purchase, or sale of marihuana or any marihuana product (including CBD) must be done in compliance with the Michigan Medical Marihuana Act and the Medical Marihuana Facilities Licensing Act (MMMA and MMFLA).

According to the Michigan Association of Chiropractors (MAC) website in an article published 5/15/18 titled: State of Michigan Clarifies Use and Sale of CBD and Hemp Products, MAC states that ". . . under Michigan law, the definition of marihuana does not include the mature stalks of the plant. Whether a product made from said stalks would be exempt from this prohibition is not clear at this time."

According to the MAC, in regards to products derived from mature stalks:

"DEA appears to be implying that CBD oil with any medicinal value cannot be manufactured from the parts of the marihuana plant that fall outside of the legal definition of marihuana. DEA does indicate in their 'Clarification,' however, that: '[I]f a product, such as oil from cannabis seeds, consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360), even if it contained trace amounts of cannabinoids.'"

In its review the Michigan Association of Chiropractors opines:

"In closing, after this LARA clarification, we believe that selling CBD oil out of a chiropractic office carries a potentially large amount of legal risk."

Several other states including Ohio, New York and North Dakota have asserted it is not within scope. Others have refused to give any guidance.

Chiropractors are urged to do exactly what the State of Michigan recommends at the bottom of its Advisory Bulletin:

"This advisory bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with the Medical Marihuana Facilities Licensing Act and associated Emergency Rules."

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