Michigan's 2025 Approach to THCa and Hemp-Derived THC Products
Over the past several years, Michigan’s cannabis regulatory landscape has swiftly evolved in response to rapidly proliferating cannabinoids, particularly those derived from hemp. As 2025 progresses, the state has solidified its stance: products such as THCa flower, delta-8 THC, and most hemp-derived THC—regardless of their federal status—are treated as regulated marijuana under Michigan law. This has created a quiet but uncompromising wall against a national wave of hemp-derived intoxicants, drivers of the so-called “gray market.”
This post explores why THCa and hemp-derived THC products face such strict scrutiny, the consequences for businesses and consumers, and compliance imperatives for anyone operating or purchasing in Michigan.
Why Michigan Treats THCa and Hemp-Derived THC as Marijuana
Clear State Statutes Override Federal Farm Bill Arguments
Michigan’s statutory framework—codified and enforced by the Michigan Cannabis Regulatory Agency (CRA)—is clear: THCa, delta-8 THC, and any THC produced synthetically or derived from hemp are legally considered marijuana. As summarized by recent legal analyses, while the 2018 federal Farm Bill decriminalized many hemp derivatives at the federal level, Michigan law specifically includes such cannabinoids within the state definition of marijuana.
- THCa, including THCa flower, is classified as marijuana because it is a THC precursor; when heated, it becomes intoxicating delta-9 THC.
- Delta-8 THC, though technically a different molecule, is treated the same way by CRA: if it is synthesized from CBD or any hemp derivative, it falls within the regulated cannabis market.
- Total THC concept: The state considers not just delta-9 THC, but all isomers and precursors (including THCa) when determining if a product counts as marijuana.
Key takeaway: Out-of-state or online guidance that cites only the federal Farm Bill—and ignores Michigan’s explicit statutes—is misleading and potentially dangerous for businesses.
Recent Enforcement and Clarifications
Michigan first signaled its intent in 2021 by folding delta-8 under its marijuana regulations, but by 2025, the state’s approach applies equally to THCa and all hemp-derived intoxicants. The CRA’s position is reinforced in 2025 legal commentary and ongoing enforcement actions, confirming no loophole exists for these products outside the licensed system.
The Scope of Michigan’s Regulation
Who Is Affected?
- Online THCa hemp retailers—Shipping into Michigan puts retailers at high risk of enforcement, regardless of their federal Farm Bill claims.
- Brick-and-mortar hemp/CBD shops—Carrying intoxicating hemp-derived products brings their operation under CRA jurisdiction. Raids and product seizures have been reported when businesses failed to comply.
- Cannabis licensed operators—Licensed dispensaries and processors must source, label, and sell such products strictly per the state’s marijuana supply chain rules—and only after appropriate testing and compliance.
Key Compliance Requirements for Businesses
1. Licensing
Any business that sells, manufactures, or distributes cannabinoid products with intoxicating potential (THCa, delta-8, etc.) must obtain the relevant CRA-issued marijuana license:
- Retail/Dispensary—Selling to end consumers
- Processor—Manufacturing and packaging cannabinoid products
- Secure transporter—Moving marijuana products between businesses
Application windows for new licenses remain open year-round, but state background checks, financial disclosures, and local municipal compliance remain key bottlenecks. The CRA licensing portal provides current forms, fee schedules, and checklists.
2. Testing, Packaging, and Labeling
- State-licensed laboratories must test for total THC (delta-9 plus THCa and other variants). Certificates of analysis (COAs) that omit THCa or list only delta-9 do not shield products from being regulated as marijuana.
- Packaging must meet child-resistance, health warning, and labeling guidelines—including clear disclosure of all cannabinoid content.
- Tracking via the state seed-to-sale system (METRC) is mandatory for all regulated cannabinoid products.
3. Recordkeeping and Sales Controls
- All transactions must run through licensed cannabis point-of-sale systems.
- Purchases are subject to consumer purchase limits and retail tax collection akin to other marijuana products.
The Consumer Angle: What Michigan Residents Need to Know
Purchase and Possession Limits
- Marijuana (includes THCa and hemp-derived THC): Adult-use consumers may possess up to 2.5 ounces of flower (or equivalent in other forms) in public; up to 10 ounces at home. Only licensed dispensaries may sell to the general public.
- Unregulated hemp-derived intoxicants: Such products are illegal for sale or possession outside the licensed system—posing potential penalties.
Home Cultivation
- Adults 21+ may grow up to 12 marijuana plants per household for personal use; but converting or extracting cannabinoids from home-grown hemp is still subject to state law.
Product Availability
- As of 2025, hemp shops and online sellers cannot legally supply Michigan consumers with THCa flower, delta-8 vapes, or similar products unless they are licensed by CRA. All intoxicating hemp cannabinoids must move through the state-regulated supply chain.
Enforcement Trends and Risks in 2025
What Are the Penalties?
- The CRA has increased enforcement operations targeting non-licensed sellers, including online vendors shipping into the state and brick-and-mortar hemp stores carrying THC-rich products.
- Seizure of products, heavy fines, and referrals to law enforcement for criminal prosecution have all been reported in 2025.
- Lack of compliant COAs is not a defense—listing only delta-9 THC and omitting THCa or other isomers does not place a product outside of CRA regulation.
Persistent Confusion: State vs. Federal Law
Many retailers cite “federal legality” when challenged on their sales, but Michigan law is explicit and supreme within the state. According to recent legal commentary, out-of-state advisors who lean solely on the Farm Bill fail to account for Michigan’s specific definitions and aggressive enforcement climate in 2025.
Action Steps for Businesses and Consumers
For Businesses:
- Do not rely solely on federal hemp law: If offering or shipping THCa, delta-8, or similar products into Michigan, consult Michigan law and prepare to enter the licensed cannabis market.
- Ensure accurate cannabinoid reporting in COAs: Labs must include all THC isomers and precursors—including THCa.
- Apply for state marijuana licenses before conducting business. Initiate compliance with CRA requirements.
- Monitor for enforcement trends: Enforcement is increasing for both online and retail hemp outlets supplying intoxicating cannabinoid products.
For Consumers:
- Purchase only from licensed marijuana dispensaries in Michigan if seeking THCa, delta-8, or similar products.
- Do not purchase from out-of-state or unlicensed websites; products may be seized or carry criminal penalties.
- Familiarize yourself with consumer resources from the CRA.
Conclusion: Michigan’s Quiet but Firm Wall in 2025
Michigan’s comprehensive approach to THCa and hemp-derived THC reminds businesses and consumers alike that state law governs what is “marijuana” and what is not, regardless of federal ambiguity. In 2025, the state’s regulatory and enforcement posture is clear: unlicensed sale or possession of intoxicating cannabinoid products—no matter their source—is prohibited outside Michigan’s tightly controlled cannabis marketplace.
Stay up to date and ensure your business or purchase decisions meet Michigan’s latest cannabis regulations and compliance standards by visiting CannabisRegulations.ai for real-time guidance, resources, and support.
