INDUSTRY UPDATES

August 06, 2021

Roundtable Hemp Bills Moving in Michigan

Roundtable Hemp Bills Moving in Michigan

We are ecstatic to report that four bills advocated for by the US Hemp Roundtable were recently introduced in the Michigan legislature. If passed, Michigan would join the growing list of states to explicitly permit the sale of hemp-derived CBD as a dietary supplement and a food and beverage additive. This is a critical step, as state agency officials have opined to date that it is illegal to market CBD as ingestible products.

The bills were introduced just before the legislature broke for summer recess but have already been referred to the House Committee on Regulatory Reform, which is the committee we hoped would take them up. They include:

HB 5058 provides that food is not adulterated solely because it contains hemp.

HB 5059 removes the requirement that a hemp grower be licensed as a hemp or marijuana processor to sell finished hemp products.

HB 5060 is a clean-up bill. Earlier this year, Michigan enacted a law stating that “A person that violates this act is liable for all damages sustained by a purchaser of a product sold in violation of this act.” This kind of strict liability provision is unique to Michigan and, unfortunately, is not limited in any way.

In response, HB 5060 does two important things. First, it amends the law to maintain the right of a person to bring a civil action for hemp sold in violation of state law, but it creates a civil action against a grower who sells hemp in violation of state law—not against any person who sells hemp products. Second, the bill creates a civil action but does not automatically provide for liability or unlimited damages, unlike the law from earlier this year.

HB 5061 is the most critical – it explicitly provides legal protection to hemp products, which include topicals and consumable food and dietary supplements.

Collectively, these four bills would strengthen Michigan’s hemp laws and create a more favorable legal landscape for hemp and hemp products. They are each deserving of your complete support.

Michigan Hemp Supporters are encouraged to use our State Action Center to urge state legislators to pass HB 5058, 5059, 5060, and 5061.