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New Law Governs Sale of Unregulated THC Products

Some convenience stores and smoke shops have used a legal loophole to sell delta-8 products, a derivative of the hemp plant that promises to get users high.

While delta-8 is included on the U.S. Drug Enforcement Administration as a Schedule 1 drug, the Agriculture Improvement Act of 2018 carved out exemptions for hemp-based products.

States have been enacting new laws to regulate the products. Michigan’s legislation, signed by Gov. Gretchen Whitmer in July, takes effect Oct. 11.

“This package of bills continues to show Michigan is the model for the nation in regard to protecting its residents and making sure that those who consume marijuana products do so in a safe manner,” Whitmer said. “I am glad to see Michigan continuing to lead on the implementation and regulation of a safe, secure marijuana industry, which has already brought tens of millions of dollars in new tax revenue to the state, as well as thousands of well-paying jobs.”

Sale of the products also escapes regulation by the industry’s trade association.

“We are aware of the products and that a few of our members sell them,” said Mark Griffin, president of the Michigan Association of Convenience Stores and Michigan Petroleum Association. “Sales like these are up to the individual owners of convenience stores. We have no control over what they sell.”

He welcomed the new law.

“It is a good idea for the government to regulate (delta-8 products) in a straightforward way,” he said.