Veterinarians May Now Consult With Pet Owners Regarding THC and CBD

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Governor Whitmer recently signed into law House Bill 5085 which now allows veterinarians to consult with pet owners in regards to administering marijuana or industrial hemp to their pets .  Prior to House Bill 5085 veterinarians were at risk of loosing their veterinarian license if they consulted with pet owners regarding marijuana or industrial hemp. Although industrial hemp is legal under federal laws, marijuana remains illegal as it is a schedule one controlled substance.   Industrial hemp would refer to cannabis or cannabis products that contain less than .3% delta-9-tetrahydrocannabinol (THC).

Currently the market for industrial hemp primarily focuses on cannabidiol (CBD).  CBD has been shown to be beneficial in treating or assisting with the treatment of a wide variety of medical issues that affect our pets.  Many pet owners were currently were administering CBD to their dogs to treat conditions like epilepsy or arthritis but without the consultation or advice of their veterinarian.  Now both pet owners and veterinarians can engage in a free and open dialogue regarding the medical use of marihuana and industrial hemp.  This could also be a benefit to the businesses of veterinarians who decide to embrace industrial hemp and offer the products at their office.

If you are a veterinarian or pet owner and have questions on how this new law impacts you or your pet please give us a call at the Michigan Cannabis Lawyers. (517)-512-8364.

Michigan Now Allows for Automatic Expungement of Certain Marijuana Convictions

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Starting April 1, 2021 Michigan will start the process of expunging certain marijuana misdemeanor convictions.   The new law allows individuals that had previously been convicted of marijuana misdemeanors to apply to have the conviction cleared off of their criminal record but only if the offense would not be considered illegal if it were to have been committed after December 6, 2018 (Read The Law Here).  The process requires the individual to submit an application for expungement to the county prosecuting attorney that prosecuted the original case.  The prosecuting attorney is to either approve or deny the application for expungement.  If the prosecuting attorney approves the expungement or fails to file a response within 60 days, the circuit court must grant the expungement within 21 days.  If the prosecuting attorney objects to the expungement application, the circuit court will schedule an evidentiary hearing within 30 days where the prosecuting attorney has the burden of proof to show that it is more likely than not (preponderance of evidence) that the charged offense would not have been legal even if it were to have occurred after December 6, 2018.

It is important to understand that the prosecuting attorney  must present evidence at the hearing to show that the conduct wouldn’t have been legal today.  This hearing will be governed by the Michigan Rules of Evidence.  This will require the prosecuting attorney to present evidence, most likely police officer testimony, to show why the misdemeanor would have been illegal prior to thee enactment of the  adult-use marijuana laws.  This testimony will be subject to cross examination and having an attorney that understands the rules of evidence and the current marihuana laws can be critical to the success of an expungement application.   If you have any questions about the new expungement laws please call the Covert Law Firm at (517) 512-8364 to speak with attorneys who are knowledgeable and can help you get the expungement you deserve.

 

Michigan Marijuana Regulatory Agency Creates Rules for Marijuana-Infused Beverages

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The MRA just announced a process for licensed processors to obtain approval for marijuana-infused beverages.  The Technical Bulletin dated January 4, 2021 requires any licensed processor who is interested in creating a marihuana-infused beverage to submit a request to the MRA.  The request includes a number of documents such as confirmation that the processing facility is currently in the process of receiving Good Manufacturing Practices (GMP) certification and a complete Hazard Analysis Critical Control Points (HACCP) plan. The marijuana-infused beverage must be self stable and will be required to maintain potency over a three month period.  There also must be a research and development plan submitted to prove the shelf stability of the marijuana-infused beverages.

It will be interesting to see how marijuana processors figure out the potency issue known as THC leeching.   THC has been difficult for many processors to properly dose beverages because of the solubility of THC and the ability to absorb into many material such as the lining in aluminum cans.  The products will also be tested for sedimentation to ensure homogeneity.   This is also difficult with THC as it will often separate over time from the beverage.  It is exciting to see that soon Michigan cannabis consumers can enjoy marijuana-infused beverages.   It will be interesting to see which current beverage producers will be moving forward in the new marijuana-infused beverage industry.  It is expected that their experience with beverage manufacturing and GMP plans will give make them valued partners.  If you have any questions about the marijuana-infused beverage approval process call the Michigan Cannabis Lawyers at 517-512-8364.