New rules for the regulation of CBD products in Michigan could make the pain and anxiety relievers more widely available to the general public without the fear that the oils, creams, tinctures and lotions are illegal.

A Friday memo from the state Department of Licensing and Regulatory Affairs is trying to remove some of the confusion surrounding products infused with cannabidiol, better known as CBD, which is a part of the cannabis plant that is becoming a widely used pain and anxiety reliever without the high generally associated with marijuana.

CBD is the non-psychoactive ingredient of cannabis plants and can be extracted from the two strains of cannabis, both hemp and marijuana. Most CBD products, ranging from tinctures, lotions, oils and even water, are derived from the hemp plant because it has much lower concentrations of THC, the psychoactive component that provides the high for users.

Until late last year, hemp and marijuana were categorized in the same way — illegal substances from a federal standpoint and highly regulated from the State of Michigan’s point of view.

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Now, with guidance from the state’s licensing department, CBD products will no longer be regulated like marijuana, no matter whether the products are sourced from hemp or marijuana plants, as long as the THC concentration is below 0.3 percent. Any product with a THC level above 0.3 percent will continue to be regulated as marijuana.

“What we’re trying to do is offer some clarity,” said Andrew Brisbo, director of the Bureau of Marijuana Regulation. “We still get tons of questions about CBD products. There is a lack of understanding on the legal definitions of the plants.”

The practical implications of the memo sent out by LARA:

CBD products that have less than 0.3 percent THC will be handled by the Michigan Department of Agriculture and Rural Development. If the products are made from hemp, MDARD will issue a license for the hemp growers.

Those CBD products will be widely available for sale without worry that any state or federal laws are being broken.

CBD products that have more than 0.3 percent THC will still be regulated by the Bureau of Marijuana Regulation. Edible marijuana products containing CBD and made by licensed processors can only be made using CBD obtained by licensed growers.

Those products are only available for purchase in medical marijuana dispensaries for now by those who have medical marijuana cards. But once recreational marijuana sales begin early next year, the products will be available to everyone 21 and older.

CBD infused into food, drink or dietary supplements will still be considered illegal because the U.S. Food and Drug Administration is the agency to approve such products and hasn’t approved CBD for use in edible products. But the FDA considers hulled hemp seeds, hemp seed protein and hemp seed oil as safe to add to food.

The market for CBD products with nearly non-detectable levels of THC has exploded in recent years and is expected to exceed $22 billion by 2022. Products have popped up online, in medical marijuana dispensaries and health food stores, and at farmers markets. With the passage of the U.S. farm bill last year, which, in part, legalized industrial hemp, many experts expect the products to begin showing up on the shelves of mass retailers like WalMart and Target.

The products are touted, mostly anecdotally, for doing everything from providing relief from chronic pain and anxiety, making your skin smooth and silky, and calming down skittish pets.

A reprieve for unlicensed dispensaries

For the fifth time, the state has tried to order unlicensed dispensaries to shut down until they get a license from the state. The latest deadline was set for Monday, when the state was prepared to send cease and desist letters to the 50 or so unlicensed dispensaries.

And once again, the deadline was foiled late Thursday by Court of Claims Judge Stephen Borrello,who signed a temporary restraining order, blocking the state from shutting down the dispensaries.

So LARA will not enforce the March 31 deadline and the unlicensed dispensaries will be able to continue operating. The state also will continue to allow licensed dispensaries to buy marijuana that is grown by caregivers, who are registered by the state and have been allowed to grow up to 12 plants for each of five medical marijuana cardholders. That caregiver product has been supplementing medical marijuana dispensary shelves as licensed growers begin operating, planting and ultimately harvesting mature marijuana, a process that can take up to six months.

Dispensaries will be allowed to sell the untested caregiver products as long as medical customers sign a waiver acknowledging that they're buying untested marijuana.

Kathleen Gray covers the marijuana industry for the Detroit Free Press. Contact her: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal.