Is Delta-8 Legal in Michigan?

In January 2019, Michigan passed House Bill 4744, which legalized the use, possession, sale, distribution, production, and cultivation of hemp and hemp-derived compounds, including Delta 8. This legislation aligns with federal law, which legalizes these compounds as outlined in the 2018 Farm Bill.

In 2021, Governor Whitmer signed legislation categorizing all THC isomers of the cannabis plant, including Delta 8, as marijuana due to public health concerns and the need for thorough testing of intoxicating cannabis compounds. As a result, the state's Marijuana Regulatory Agency (MRA) now regulates marijuana and Delta 8 THC in Michigan.

In accordance with the 2021 legislation, selling Delta 8 in Michigan without proper licensing from the MRA is illegal. Michigan state law prohibits the purchase of Delta 8 products from unlicensed Delta 8 online vendors or physical retail stores. Delta 8 can only be bought from licensed, state-regulated marijuana dispensaries, whether derived from hemp or cannabis.

Delta 8 Laws in Michigan

The following laws are key legislations in the legalization and regulation of Delta 8 THC in Michigan:

2018: The Michigan House Bill 6330 was signed by Governor Rick Snyder in 2018, significantly expanding the state's hemp pilot program. The bill also clarified that CBD derived from hemp should not be considered a controlled substance.
2019: House Bill 4744, also called the Industrial Hemp Research and Development Act, legalized the production, possession, cultivation, and sale of hemp and hemp-derived compounds, including Delta 8
2021: Governor Whitmer revised the state's definition of marijuana in July 2021 to include Delta 8. The Governor signed HB 4517 into law, placing the distribution, production, and sale of Delta 8 products under the Michigan Cannabis Regulatory Agency from October 11, 2021

What Is Delta-8 THC?

Delta 8 is a naturally occurring cannabinoid in cannabis but is not typically present in substantial quantities. However, it can be artificially synthesized in concentrated quantities from CBD. Through an isomerization process in a laboratory, CBD can be converted into Delta 8 THC via chemical reactions with solvent-acid solutions at elevated temperatures.

Delta 8 THC is known to have several potential effects and benefits, including:

Pain relief: Delta 8 THC is believed to have pain-relieving properties, making it a potential treatment for chronic pain
Anxiety reduction: Delta 8 THC has been shown to have anxiolytic properties, which may help to reduce anxiety and promote relaxation
Appetite stimulation: Delta 8 THC may help increase appetite, which could be helpful for people who have difficulty eating due to medical conditions
Neuroprotective effects: Delta 8 THC has neuroprotective effects, which means it may protect the brain from damage caused by injury or disease
Anti-inflammatory properties: Delta 8 THC has anti-inflammatory properties, which could be beneficial for people with inflammatory conditions such as arthritis
Improve mood: Delta 8 THC can help improve mood in users by inducing feelings of happiness and euphoria

Delta-8 vs. Delta-9

Delta 8 is a popular cannabis compound due to its similarity to Delta 9. Both cannabinoids share similar names and chemical structures. Delta 9 is the primary compound in marijuana responsible for producing the "high" associated with the plant. Delta 8 produces effects similar to Delta 9 when used by consumers.

Although Delta 8 is found in small quantities in cannabis naturally, most commercially available Delta 8 products are synthesized through conversion processes that use chemicals to convert hemp-derived CBD into Delta 8.

Like Delta 9, Delta 8 binds to the body's endocannabinoid system and produces a high. Chemically, Delta 8 and Delta 9 are similar due to the presence of a double bond in their structures. Both cannabinoids have a carbon atom chain, but Delta 8 has a double bond on the 8th carbon, while Delta 9 has it on the 9th. This double bond is suggested to produce the intoxicating effects of Delta 9. Delta 8 interacts with the endocannabinoid system slightly differently due to the location of its double bond, making it less potent than Delta 9. However, more research is needed to understand Delta 8's effects on the body.

Delta 9 occurs naturally in higher concentrations in marijuana flower than Delta 8. Delta 8 may cause side effects similar to Delta 9, including dry mouth, red eyes, increased appetite, short-term memory, paranoia, or anxiety.

Delta-8 vs. Delta-10

Delta 8 and Delta 10 are cannabinoids structurally similar to Delta 9 tetrahydrocannabinol (THC), the main psychoactive component of marijuana. Here are some differences between Delta 8 and Delta 10:

Chemical structure: Delta 8 and Delta 10 have slightly different chemical structures, with slight differences in the placement of double bonds in their chemical structure. Delta 8’s double bond is placed on the 8th bond, while Delta 10’s bond is placed on the 10th bond in the carbon chain
Potency: Delta 8 is generally considered to be more potent than Delta 10, although the effects can vary depending on the dose and the metabolism of the user
Occurrence in cannabis: Delta 8 and Delta 10 are found in minimal amounts in cannabis and hemp plants, with Delta 8 typically occurring in higher concentrations than Delta 10
Synthesis: Delta 8 and Delta 10 can be synthesized from CBD and Delta 9 THC using various chemical reactions
Effects: While Delta 8 and Delta 10 have similar effects to Delta 9, some users report a milder psychoactive effect and fewer side effects such as anxiety or paranoia. However, further research is required to understand the effects of both cannabinoids fully

How Long Does Delta-8 Stay in the Body?

Delta 8 THC is metabolized in the body by the liver, where it undergoes a process called oxidation. During the oxidation process, Delta 8 is converted into 11-hydroxy-THC, a more potent psychoactive compound. The 11-hydroxy-THC is then further metabolized into THC-COOH, an inactive metabolite excreted from the body through urine and feces.

The duration of a Delta 8 high can vary due to several factors, such as dosage, the individual's tolerance, and the method of consumption. Generally, a Delta 8 high can last anywhere from 2-8 hours.

Delta 8 can stay in the system for up to several days or even weeks, depending on the individual's metabolism and frequency of use. In blood and saliva, Delta 8 can be detected for up to 24 hours after use, while in urine, it can be detected for up to 2-7 days or more, depending on the frequency of use. Hair tests can detect Delta 8 for up to 90 days or more.

The form of Delta 8 products consumed, such as vapes or gummies, can affect how quickly it is absorbed and metabolized in the body. For example, vaping Delta 8 can result in a quicker onset of effects; however, the effects may not last as long as other forms of consumption. Similarly, the detection period in the body may vary depending on the form of consumption.

Does Delta-8 Show Up on a Drug Test in Michigan?

Yes, Delta 8 use can cause you to fail drug tests, including workplace drug screenings. Delta 8 can show up in swab, urine, blood, and hair samples, depending on the drug test used.

Delta 8 is detectable in urine for up to 2-7 days or more, depending on the frequency of use, while in blood and saliva, it can be detected for up to 24 hours after use. Hair tests can detect Delta 8 for up to 90 days or more, depending on the length of hair and frequency of use.

Drug tests typically detect metabolites of THC rather than differentiating between Delta 8, Delta 9, or Delta 10. Delta 8 THC is converted to THC-COOH in the body, the same metabolite tested for in drug screenings. This means that if you use Delta 8 products, it is possible to test positive for THC in drug tests.

What Happens if You Get Pulled Over with Delta-8 in Michigan?

If you are pulled over in Michigan and are found to be in possession of Delta 8 THC purchased from unlicensed dispensaries, you may be charged with a drug-related offense.

Law enforcement may also be unfamiliar with Delta 8 THC by mistaking your product as a Delta 9 THC item, thereby asking you to pull over. If you are suspected to be driving under the influence of an intoxicating substance, you may be pulled over and asked to undertake a drug screening. Note that driving while under the influence of an intoxicant is illegal in Michigan. If you have concerns about the potential consequences of being caught with Delta 8, it is recommended that you consult with an attorney.

Where to Buy Delta-8 in Michigan

You can purchase Delta 8 products, such as vapes, vape cartridges, tinctures, oils, and gummies, at dispensaries or businesses licensed by the Michigan Marijuana Regulatory Agency. Delta 8's production and sales are regulated in Michigan, unlike many other sales. Purchasing Delta 8 THC from gas stations or local stores is illegal without a valid license from the Michigan MRA.