A Regulatory Reset for Michigan Hemp

In a groundbreaking episode of the iHemp Hour, iHemp Michigan’s Dave Crabill sat down with Andrew Brisbo, Executive Director of Michigan’s Marijuana Regulatory Agency (MRA) — soon to become the Cannabis Regulatory Agency (CRA) — to discuss what Executive Order 2022-1 means for Michigan’s industrial hemp industry.

The verdict? A refreshingly pragmatic approach that recognizes hemp isn’t marijuana.

The Big Picture: What’s Changing

Under the executive order taking effect in April 2022, everything post-harvest for hemp moves from the Michigan Department of Agriculture and Rural Development (MDARD) to the new CRA. But here’s the key distinction that Director Brisbo made crystal clear:

“In the marijuana space, it’s very tightly controlled — there’s licenses at every stage, they use the metric system, we want to track things from seed to sale. I don’t think that type of oversight is as necessary on the hemp side of things.”

Translation: No seed-to-sale tracking. No metric system. A focus on safety at the processing level rather than bureaucratic control at every stage.

E-Commerce Gets the Green Light

One of the most exciting revelations? Online retailers selling hemp products won’t need a license if they’re marketing products produced by licensed processors.

“We’re going to focus on the controls at the manufacturing stage… I don’t know if it’s worth getting everyone licensed.”

This is huge for Michigan’s hemp entrepreneurs. The CRA will maintain the ability to trace products back to processors for recalls if needed, but the days of wondering whether selling CBD online requires state approval are over.

Delta-8: Regulated, Not Banned

Director Brisbo confirmed that Delta-8 THC products are now regulated as marijuana in Michigan — meaning they fall under CRA oversight. But importantly, Michigan chose regulation over an outright ban.

Currently, there’s no approved pathway for Delta-8 production, but a new rule set will create a process for processors to get approval to convert CBD to various THC isomers. Research is ongoing, and a legal pathway is coming.

Fees That Respect Agriculture

Perhaps the most welcome news for hemp farmers and processors concerned about marijuana-level fees:

“I think you can expect to see a fee structure that’s much more in line with what the fees are at MDARD now versus what the fees are at the MRA for marijuana licenses.”

Hemp isn’t an intoxicant. It doesn’t need prohibition-level oversight. And the fee structure will reflect that reality.

Interstate Commerce: A New Frontier

Unlike Michigan’s closed-loop marijuana market, hemp operates in interstate commerce. Director Brisbo acknowledged this reality while emphasizing Michigan’s commitment to supporting local businesses through consistent safety standards that may actually make it harder for out-of-state producers with lax standards to compete here.

Testing: Safety Without Suffocation

The CRA will implement testing requirements beyond THC concentration — looking at contaminants, heavy metals, and residual solvents. This is particularly important for smokeable hemp, where combusted pesticides like microbutanol can become dangerously carcinogenic.

But the approach is targeted: testing requirements similar to the bill package already moving through the state senate, focused on consumer safety rather than regulatory theater.

Looking Ahead

Director Brisbo also addressed:

• THC limits: Open to science-based review, particularly for in-process hemp where concentration levels naturally fluctuate
• Federal reform: As president of the Cannabis Regulators Association (43 states and territories), he’s working to educate federal policymakers on state-level realities
• Education: The CRA is committed to outreach for consumers, industry operators, and local governments

The Bottom Line

This isn’t the heavy-handed regulation many feared. It’s a thoughtful approach that recognizes hemp’s unique position as an agricultural commodity, not a controlled substance.

“We have all the same goals,” Director Brisbo concluded. “I’m excited to come to the events… it’s important for me to get out there and hear all those perspectives.”

Join us at the 2022 Midwest iHemp Expo, May 20-21 at the Lansing Center, where Director Brisbo and MDARD’s Molly Mott will be kicking off the event. Early-bird pricing available now at MidwestiHempExpo.com.