New Resource Available for Michigan Hemp Producers

A new resource is available to anyone interested in taking advantage of recent changes in the law regarding the growth, production and sale of hemp products in Michigan. On June 12, 2019, Michigan’s Department of Agriculture & Rural Development (“MDARD”) issued an electronic update publicizing the Michigan State University (“MSU”) Extension Bulletin E3402 entitled Industrial Hemp Production in Michigan, a publication written by experts at MSU’s Extension Service.  Following recent changes to Michigan law, MDARD is in charge of developing and enforcing the rules and regulations regarding hemp production in Michigan, so the fact that it touts the Bulletin as “an excellent resource for all” is significant.

Bulletin E3402 contains very little discussion of the laws surrounding hemp and CBD production, but gives a very thorough overview of hemp’s history and regulation and its uses and markets. It also provides a great summary of agronomy topics including a discussion of the different hemp varieties, insect and disease management, as well as what soils and soil conditions are best for maximum hemp growth.

To stay informed regarding the recent developments to the “state industrial hemp plan” which is required by last year’s federal Farm Bill, visit MDARD’s website.

Rhoades McKee attorneys have developed a strong base of knowledge about the laws, rules and regulations governing marijuana and CBD in Michigan. We have assisted several of our clients with issues such as:

• Applying for state licensure (and appealing when the license is denied);
• The formation of corporate entities for the purpose of becoming involved in the growth, production and sale of marijuana and hemp products;
• Educating employers regarding the impact of relaxed marijuana laws from an HR and safety perspective;
• Obtaining zoning approval for marijuana production and retail facilities from local municipalities;
• Drafting contracts for the construction of marijuana production facilities; and
• Reviewing leases to be used for the production or sale of medical marijuana and CBD products.

We would be happy to discuss your potential interest in issues regarding the growth, production and sale of marijuana and hemp/CBD in Michigan with you. However, it is important to note that marijuana is still considered a Schedule 1 controlled substance under Federal law, regardless of the fact that its use has been approved for medical and recreational use in Michigan. Therefore, possessing, using, distributing and selling marijuana are all federal crimes, and this post is not intended to give you any legal advice, or to lead you to believe that marijuana is legal under federal law. Please also note that even though marijuana is illegal under federal law, persons or companies generating income from its use or sale will need to pay federal taxes just as though you are a legal entity.