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Under the new law, no more than 0.3 percent of THC derived from hemp is allowed. Discover whether or not you’re allowed to purchase delta-8 THC products in the North Star State of Minnesota.

New law permits sale and consumption of hemp THC edibles in Minnesota

A customer shows the products she bought from Nothing But Hemp in St. Paul. Some of the products contain THC, which became legal under 5 milligrams per serving in Minnesota on Friday.

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Updated: July 1 | Posted: June 30

A new law takes effect Friday that allows for the legal sale and consumption of edibles containing small amounts of hemp-derived THC.

The law brings greater clarity and regulation to cannabinoid products already being sold, such as gummies.

Under the new law, no more than 0.3 percent of THC derived from hemp is allowed — they may not contain more than five milligrams of THC per serving, and no more than 50 milligrams per package. No one under age 21 can purchase the products. There are also labeling requirements to prevent marketing to children.

State Rep. Heather Edelson, DFL-Edina, was the House author of the legislation. It was passed at the end of the 2022 session as part of a larger health policy measure. Edelson said the new law addresses a public health concern.

“There were these products that essentially didn’t really have regulations on them. But people were consuming them,” Edelson said. “They were being sold all over the state of Minnesota, and a lot of them in gas stations.”

Edelson says the use of unregulated products by minors caused an increase in poison control calls. She believes those numbers will now be reduced.

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Steven Brown, co-founder of the Minnesota Cannabis Association and CEO of Nothing But Hemp, said over the last year those in the hemp industry were seeing products with varying amounts of THC pop up in smoke shops and CBD stores throughout the state.

He said the new law provides important consumer protections that he believes reflect the state’s conservative stance on hemp-derived THC products.

Minnesotans wasted no time getting their hands on THC edibles and beverages — the latter of which also became legal for purchase and consumption as of July 1. A line a quarter of a block long formed outside the store on Friday afternoon.

Steph Callaghan was riding her bike from Minneapolis to St. Paul when she happened to see the line and decided to jump in.

Callaghan says she buys cannabis products for recreation, as well as to treat some nerve pain. She said buying edibles in Minnesota reminded her of her experiences purchasing THC products in California and Illinois, where cannabis legal for both recreational and medical use.

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“I would rather go in a store and have a bunch of options and be able to talk to somebody as, like, your weed tender, or your ‘budtender’ or whatever they call it to help me pick something perfect for me,” she said. “But for now, because there’s just gummies, I’ll probably still find my other ways if needed, until that becomes more available in a store.”

Callaghan walked away with two different varieties of gummies, one containing CBD and one with THC.

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Brown’s company Nothing But Hemp sells hemp products in multiple states, and he says states like Florida might provide a possible model for how to license retailers.

“In Florida, we actually have to have a retail license, a wholesale license, a processor license and a growing license,” he said. “So if you want to sell hemp, you have to have a specific type of license. Either it’s going to be retail or wholesale. And I think we need to do the same thing in Minnesota for this upcoming session.”

The new law does not place limits on which retailers may sell edibles.

MPR News reporters Grace Birnstengel and Melissa Olson contributed to this report.

Is Delta-8 THC Legal in Minnesota?

Minnesota is one of 32 US states that hasn’t restricted or banned delta-8 under state law.

Delta-8 THC derived from hemp plants carrying no more than 0.3% THC is legal in Minnesota under state law, aligning with federal law. It’s currently legal to use, possess, sell, distribute, and produce delta-8 products within the state without fear of penalty or prosecution.

Likewise, hemp-derived delta-10, THC-O, and other delta-9 THC isomers are also legal, as is CBD. The only hemp-derived compound listed under Minnesota’s Controlled Substances Act is delta-9 THC.

Is delta-8 legal in Minnesota?

  • Hemp-derived delta-8 is legal in Minnesota.
  • You can use, possess, sell, distribute, and produce delta-8 products without trouble from law enforcement.
  • Delta-10, THC-O, and other delta-9 isomers are also legal, provided they’re sourced from legal hemp plants.
  • Hemp-derived CBD is legal in Minnesota, and no restrictions apply to its use.
  • Medical marijuana is legal in Minnesota. Recreational marijuana isn’t legal and carries strict punishments if caught using, possessing, selling, distributing, or producing marijuana products.
  • There’s currently no future legislation that could change delta-8’s legality in Minnesota.

Is delta-8 THC legal to buy in Minnesota?

Yes, hemp-derived Delta-8 is legal in Minnesota under state law, meaning the use, possession, sale, purchase distribution, production, and manufacture of delta-8 products is permitted without risk of penalty or prosecution.

Legislative history of delta-8 in Minnesota

In 2018, the federal government passed the amended Agriculture Improvement Act (Farm Bill) legalizing hemp, hemp-derived compounds, and hemp-derived delta-8, removing them from the federal Controlled Substances Act (CSA). In the eyes of the federal government, legal hemp and hemp products must carry no more than 0.3% THC. Many US states aligned their hemp laws to coincide with the Farm Bill shortly after its passage.

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Minnesota already had an established hemp pilot program following the passage of the Industrial Hemp Development Act in 2015, meaning natural delta-8 in hemp plants was also legal. It was amended in 2019 to coincide with the Farm Bill. Therefore, delta-8 derived from hemp containing no more than 0.3% THC is legal under state law.

Is medical marijuana legal in Minnesota?

Yes, medical marijuana is legal in Minnesota. It was legalized in 2014 following the passage of Minnesota’s Medical Cannabis Therapeutic Research Act. The law created a long-awaited patient registry program supplied by the Minnesota Department of Health.

Initially, only a select number of qualifying conditions granted patients access to small quantities of medical marijuana. Liquid, oils, and pills were the only types of medical cannabis products legally available. The first dispensary opened a year later in 2015.

Since 2014, the Minnesota Department of Health has expanded qualifying conditions to include intractable pain, chronic pain, cancer, PTSD, autism, and sickle cell disease.

In 2021, Minnesota lawmakers approved legalizing smokeable forms of cannabis for medicinal purposes.

Is recreational marijuana legal in Minnesota?

No, recreational marijuana is not legal in Minnesota. However, possession of 42.5 grams or less is decriminalized. Penalties for recreational cannabis possession above 42.5 grams range is punishable by up to five years and a fine of up to $10,000.

Buying delta-8 in Minnesota

Purchasing delta-8 in Minnesota is simple and easy. It’s readily available online and in physical retail stores such as vape shops, CBD dispensaries, and head shops located all across the state.

You can also buy delta-8 in some gas stations, but this isn’t recommended. The quality, safety, and transparency of most gas station delta-8 products are questionable. Some might even be very harmful to your health.

As a general rule, we advise you to purchase delta-8 online from legitimate delta-8 vendors with a history of producing safe, transparent, and quality products.

For a full rundown of the best delta-8 products available online, you can follow the link here.

Recommended delta-8 companies

Binoid

Binoid is a credible delta-8 vendor based in Los Angeles, California. The company boasts a wide range of delta-8 products, including delta-8 gummies, capsules, vape carts, lollipops, brownies, and chocolate. Each product is third-party tested by legitimate laboratories specializing in cannabis analysis. You can find all Certificates of Analysis (COAs) on the company’s website, ensuring safety and transparency.

Harbor City Hemp

Harbor City Hemp is a legitimate delta-8 vendor located in Melbourne, Florida, and has a huge variety of delta-8 oils and tinctures. The strengths range from as low as 250 mg to as high as 12,000 mg, meaning beginners and seasoned delta-8 users are catered to. What’s more, Harbor City Hemp third-party tests its products to ensure, safety, transparency, and quality across the board. You can find COAs on the company’s website.

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Can you travel to Minnesota with delta-8?

Yes, it’s perfectly legal to travel into Minnesota with delta-8 THC products, as long as it’s made and extracted from hemp plants containing no more than 0.3% THC (by dry weight).

If you’re flying into Minnesota with delta-8 THC in your possession, we always recommend you check with the airline first. Some airlines have policies against having cannabis products on board, regardless of whether it’s hemp or marijuana-derived.

Is delta-10 THC legal in Minnesota?

Yes, like delta-8, delta-10 is perfectly legal in Minnesota, provided it’s sourced from federally compliant hemp plants carrying no more than the legal 0.3% THC limit. This means the use, possession, sale, distribution, and production of delta-10 THC products are permitted under state law.

Other hemp-derived THC isomers such as HHC and THCP are also legal in Minnesota under state law.

Where can you purchase delta-10 THC products in Minnesota?

You can purchase delta-10 THC products online and in physical retail stores such as vape stores, head shops, and CBD dispensaries. Remember, delta-10 is less popular than delta-8, and the selection is far more limited. Not every physical store stocks delta-10.

Is CBD legal in Minnesota?

Yes, CBD is legal in Minnesota under state and federal law, provided it’s derived from hemp plants carrying no more than the legal 0.3% THC limit (by dry weight). There are no restrictions on CBD’s use, possession, sale, distribution, or production in the state.

However, CBD derived from marijuana is strictly illegal. Only patients with qualifying health conditions have access to marijuana-derived CBD for medicinal purposes.

Upcoming legislation in Minnesota that could change delta-8’s legality?

There is currently no upcoming legislation that could change the legal status of delta-8 THC in Minnesota. The use, possession, sale, purchase, distribution, production, and manufacture of delta-8 products are permitted without fear of penalty or prosecution.

Closing thoughts: The future for delta-8 in Minnesota

To all Minnesota residents, you’re in a fortunate position where state lawmakers are currently delta-8 friendly and aren’t looking to ban or restrict delta-8 products. You can enjoy delta-8’s subtle but noticeable therapeutic high with no risk of penalty or prosecution from law enforcement.

However, outside of Minnesota, delta-8’s safety and legality are under question from the federal government, resulting in 18 states restricting or banning delta-8 products. Will Minnesota join them? We hope not. But, for now, you can consume delta-8 products risk-free and with full enjoyment.

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