A change to Minnesota law means you soon legally can buy food and drinks with CBD and some THC in it. Discover whether or not you’re allowed to purchase delta-8 THC products in the North Star State of Minnesota.
CBD, Some THC To Be Allowed In Food, Drinks Sold In Minnesota
ST. PAUL, Minn. (WCCO) — A change to Minnesota law means you soon legally can buy food and drinks with CBD and some THC in it.
The legislature cleared up some of the confusion surrounding what’s allowed in food and beverages. The bill also tightened restrictions on how much hemp-derived THC is legal.
Nothing But Hemp sells everything from CBD tinctures and capsules to Delta 8 gummies. Sellers and buyers have been living in somewhat of a gray area of what’s allowed, especially when it comes to edibles.
Steve Brown is the owner of the St. Paul shop.
“Right now, we have clarity in the industry, which is exactly what we were looking for,” Brown said.
The legislature approved adding CBD to food and drinks, along with 5 mg of hemp-derived THC per serving, and 50 mg total in a package.
It added other safeguards, like childproof packaging and more testing.
“Overall, this is gonna create new businesses, new opportunities, new products, and it’s going to be really good for consumers,” Brown said.
“It’s a big deal for anyone who uses CBD products. Now it will be expressly legal in Minnesota for the first time,” said Jason Tarasek with Minnesota Cannabis Law.
Tarasek specializes in Cannabis law. He says the bill also includes limitations, impacting certain products, likely vapes and some flowers.
“I know there are people in the vape industry who wish this bill could’ve gone further,” Tarasek said.
Some products with too much THC per serving or per package will need to be taken off the shelf, and more edibles will take their place.
“Cookies and brownies, different types of snacks. I mean, it’s gonna be really neat to see the innovation,” Brown said.
He thinks this is a step in the right direction.
“We’re getting closer to legalization, and I believe that companies that are in this space, that have been here for a while, are really gonna increase revenue, you know, ten-fold,” Brown said.
Gov. Tim Walz is expected to sign the bill. The changes would go into effect on August 1.
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.
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 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.
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.