On Dec. 16, the Michigan Senate passed a bill 28 to 7 that would require hemp-derived THC products that exceed the 0.3% THC threshold or a total THC limit set by the Cannabis Regulatory Agency to be treated as marijuana, effectively bringing most intoxicating hemp products into the state’s licensed cannabis system.
Filed in October by State Senator Dayna Polehanki (D) with three Democratic cosponsors, the measure amends the Michigan Regulation and Taxation of Marihuana Act to clarify how hemp and marijuana products are defined and regulated under state law. While the bill does not ban hemp-derived products outright, it draws a clearer legal line between non-intoxicating hemp and products with psychoactive THC effects. The proposal now moves to the House for consideration.
Under the legislation, products classified as industrial hemp and intended for human or animal consumption would need to meet two separate requirements: a THC concentration of 0.3% or less and a total THC amount that does not exceed a limit established by the Cannabis Regulatory Agency. Products that exceed either threshold would no longer qualify as hemp under Michigan law.
Once a product falls outside the hemp definition, it would be treated as marijuana, meaning it would be subject to the state’s licensed marijuana framework. That includes production by licensed marijuana businesses, testing by licensed safety compliance facilities, regulated packaging and labeling, and retail sales through licensed marijuana outlets.
The bill also reinforces the Cannabis Regulatory Agency’s authority to set and enforce total THC limits, an area that has become increasingly important as hemp-derived THC beverages, edibles, and other products have proliferated. By tying hemp status to both concentration and total THC content, the legislation aims to regulate products based on their intoxicating potential rather than how they are marketed.
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