Is Delta-8 Legal in Michigan? What State Law Says in 2026

Delta-8 in Michigan at a glance

Status	Legal with restrictions
Age limit	21+
Sale	Only CRA-licensed marijuana businesses may process or sell delta-8; unlicensed sale is illegal.
Possession	Adults 21+ may possess delta-8 products as marijuana within the MRTMA possession limits.
Product rules	Delta-8 products must meet CRA testing, packaging and labelling rules for marijuana products; hemp consumables must stay at or below 0.3% THC and any CRA total-THC limit.
Licensing	CRA adult-use or medical marijuana licences; hemp processing needs a CRA industrial hemp processor-handler licence.
Key law	MCL 333.27953(f), (h), (aa) (MRTMA, amended by 2021 PA 56); 2021 PA 58 and PA 61
Last major change	11 October 2021

What Michigan law says about delta-8 THC

Michigan brought delta-8 into its regulated marijuana market in 2021. Amendments effective 11 October 2021 changed the Michigan Regulation and Taxation of Marihuana Act (MRTMA) so that “THC” means THCA and any tetrahydrocannabinol “regardless of whether it is artificially or naturally derived”, including structural, optical and geometric isomers, unless the Cannabis Regulatory Agency (CRA) excludes it.¹ Companion acts, 2021 PA 58 and PA 61, amended the state’s hemp laws.²

As a result, a delta-8 product above the industrial hemp threshold is marijuana. The Department of Agriculture and Rural Development told businesses that from 11 October 2021 it is illegal to manufacture, possess, transfer, inventory, sell or give delta-8 THC or THC-O-acetate without a licence from the state marijuana regulator.² Retail sales are therefore limited to licensed adult-use and medical retailers, which sell to adults 21 and over and to registered patients. Industrial hemp for human consumption must have a THC concentration of 0.3% or less and stay within any total THC limit the CRA sets.¹

In December 2025 the Senate passed SB 599-602, which would create a CRA-licensed Industrial Hemp Processing Act for consumable hemp products containing non-intoxicating cannabinoids and would define “converted cannabinoids”; the bills were in the House Regulatory Reform Committee in September 2026.³⁴ SB 608, passed by the Senate in June 2026, would repeal state administration of the hemp grower programme.⁵

Local rules

Municipalities may opt out of or limit licensed marijuana businesses under the MRTMA, which affects where delta-8 can be bought.

Pending changes to watch

SB 599-602 (consumable hemp processing licences) and SB 608 (hemp grower programme) passed the Senate and await House committee action; HB 5095 is a House companion on the grower programme.

How the federal hemp change affects Michigan

Separate from Michigan law, the federal definition of hemp is changing. Under the federal hemp redefinition passed in the FY2026 appropriations law, from 11 December 2026 hemp is measured by total THC, finished products are capped at 0.4 mg of total THC per container, and cannabinoids synthesised or manufactured outside the plant are excluded. Most delta-8 on the market is made by converting CBD, so most delta-8 products will fall outside the federal hemp definition from that date, whatever state law says.

A separate provision covering cannabinoids that the plant cannot produce naturally applies from 12 November 2026. Bills to delay or repeal the change are in congressional committees, but none had advanced as of September 2026. Our explainer on the federal hemp THC limit covers the detail.

Timeline of recent changes

• 4 June 2026: Senate passed SB 608 to end state administration of the hemp grower programme.
• 16 December 2025: Senate passed SB 599-602 to create CRA licensing for consumable hemp products.
• 11 October 2021: Delta-8 brought under marijuana licensing: THC redefined to include artificially derived THC and isomers.

Delta-8 in neighbouring states

Rules change at the state line. Here is how delta-8 THC is treated in the states bordering Michigan, as of September 2026:

• Ohio: Banned as hemp since March 2026
• Indiana: Unclear: AG says illegal
• Wisconsin: Legal, largely unregulated

Carrying products across state lines can break the law of the state you enter, and federal law also applies. Check the destination state’s rules first.

THCA in Michigan

THCA is treated differently: in Michigan it is Licensed marijuana stores only, 21+ as of September 2026. Read our guide to THCA law in Michigan, or compare the two compounds in THCA vs Delta-8.

Frequently asked questions

Can gas stations sell delta-8 in Michigan?

No. Since 11 October 2021, making or selling delta-8 THC without a state marijuana licence has been illegal. Only businesses licensed by the Cannabis Regulatory Agency may sell delta-8 products, and they must meet the same testing, packaging and labelling rules as other marijuana products.

What is the age limit for delta-8 in Michigan?

It is 21 for adult-use purchases, the same as for other marijuana products. Registered medical marijuana patients may also buy from licensed medical retailers. Because delta-8 counts as THC under Michigan law, people under 21 without a medical registration cannot lawfully buy it.

Is Michigan changing its hemp laws?

Bills are pending. Senate Bills 599 to 602, passed by the Senate in December 2025, would create a CRA licence for consumable hemp products containing non-intoxicating cannabinoids, and SB 608, passed in June 2026, would end state administration of the hemp grower programme. Both awaited House committee action in September 2026.

Sources

1. Michigan Legislature. MCL 333.27953, Michigan Regulation and Taxation of Marihuana Act, section 3 (definitions), as amended by 2021 PA 56 (effective 11 October 2021). legislature.mi.gov
2. Michigan Department of Agriculture and Rural Development. Reminder: Delta-8 products now regulated by MRA (12 October 2021), citing 2021 PA 58 (HB 4741) and 2021 PA 61 (HB 4744). content.govdelivery.com
3. Michigan Legislature. Senate Bill 599 of 2025 (Industrial Hemp Processing Act; tie-barred with SB 600-602), passed Senate 16 December 2025; referred to House Committee on Regulatory Reform 17 December 2025. legislature.mi.gov
4. Michigan Senate Fiscal Agency. Hemp Processing Licensure, S.B. 599 (S-3) – 602: Analysis as Passed by the Senate (28 January 2026). legislature.mi.gov
5. Michigan Legislature. Senate Bill 608 of 2025 (industrial hemp programme administration), passed Senate 4 June 2026; referred to House Committee on Regulatory Reform. legislature.mi.gov

Editorial note: This page is general legal information, not legal advice, and reflects our reading of Michigan and federal law as of 24 September 2026. Hemp and cannabis laws change quickly and are enforced differently by different agencies and localities. If you sell, ship or carry these products, check the current rules with the relevant state agency or a licensed attorney.

See the full state-by-state Delta-8 table →