Is CBD Oil Legal In Mn

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Federal laws allow Minnesota consumers aged 18 years and older to buy CBD oil since the then US president, Donald Trump, signed the Farm Bill in 2018. As hemp was legalized on a federal level, states were also given the right to determine their own stance on hemp-derived CBD products. While some states, (like California and Hawaii) have pretty strict bans on most CBD products, others readily legalized and launched hemp agriculture programs. Minnesota fell somewhere i

Is CBD Oil Legal in Minnesota? – August 2022

The legality of hemp-based CBD products only applies to a federal degree in Minnesota . Historically, hemp, marijuana, and all other cannabis varieties were categorized as Schedule I drugs by the 1970 Federal Controlled Substances Act (5) .

The law defined Schedule I narcotics as drugs, substances, or chemicals that have no accepted medical use in treatment in the US, have a high potential for abuse, and lack any accepted safety for their usage under medical supervision.

At the federal level, Minnesota law mainly targeted marijuana, although cannabis as a whole was affected. Later on, Congress found ways to remove cannabis from the Schedule I list.

Congress legalized hemp cultivation through the Hemp Farming Act of 2018 (6) . This law separated hemp from marijuana, defining the former as cannabis with less than 0.3% THC concentration by weight, while the latter has more than the specified amount.

With redefinitions, CBD derived from hemp plants was removed from Schedule I. Still, marijuana-derived CBD remained federally illegal due to the high concentration of psychoactive properties.

Currently, hemp cultivators may produce and sell the agricultural commodity under specified federal conditions, which Congress has yet to finalize.

Further, the 2018 Farm Bill, signed by former president Trump, permitted the US Food and Drug Administration ( FDA ) to regulate CBD’s circulation in stores.

Although the FDA continues to reevaluate their stance on CBD products , companies cannot market CBD products as dietary supplements or make any claims, whether therapeutic for health benefits (7) .

The FDA has previously issued letters that warned companies making unproven claims about CBD as treatments for medical conditions (8) .

Businesses in the CBD industry now include disclaimers on their websites, clarifying that CBD is not medicine.

Minnesota CBD Laws

In 2014, Gov. Mark Dayton signed a medical marijuana bill for legal standard treatment of some medical conditions , including childhood epilepsy (9) .

The bill’s passage made Minnesota the 22 nd US State with a medical marijuana program.

Later on, the 2018 Farm Bill ’s passage affirmed CBD products’ legality with less than 0.3% THC content by weight and distributed through licensed vendors only.

Still, consumers must be cautious when purchasing CBD products . The Minnesota Board of Pharmacy still needs to regulate the specific labeling and testing of cannabis products.

The Minnesota Board of Pharmacy regulates CBD legislation while patterning its laws with FDA prohibitions. Companies are prohibited from making therapeutic claims, or marketing and selling CBD products as cures or treatments for diseases.

The following laws discuss the legalization of CBD in the state of Minnesota :

Industrial Hemp Development Act (IHDA)

The Minnesota IHDA is Chapter 18K of the Minnesota Statutes . This law allowed the Minnesota Department of Agriculture (MDA) to launch an Industrial Hemp Pilot Program .

The 2019 Minnesota Statutes defines industrial hemp as all parts of a Cannabis sativa L. plant, including its derivatives and extracts, that do not exceed 0.3% THC content on a dry weight basis (10) .

The approval from the United States Department of Agriculture (USDA) allowed the MDA Hemp Pilot Program to take effect in January 2021 (11) .

Minnesota Medical Cannabis Program

The Minnesota Department of Health formed the Office of Medical Cannabis in 2014 to enact new medical cannabis laws (12) .

This program allows individuals to register as medical cannabis patients who may purchase and possess cannabis -derived CBD at a physician’s recommendation.

Licensing Requirements

Individuals seeking licensure for starting their own CBD business or personal CBD regimen must apply to the Minnesota Hemp Program (13) .

Fi rst-time (14) and returning (15) applicants must submit applications and pay the corresponding application or renewal fees.

Item Fee
Grower License $150
Each Grow Location $250
Each Additional Inspection for THC Testing Beyond First Harvest $250
Each Additional Sample for THC Testing Beyond First Sample $125
License Change Fee $50
Processor License $250

More information is available at the official MDA Hemp Program website:

Testing Requirements

Licensed hemp growers in Minnesota must submit plant samples to MDA inspectors for THC testing within 30 days of harvest (16) .

Buying CBD Legally

There are some critical considerations before buying CBD oil in Minnesota . Customers must beware of products that overuse marketing terms like “100% organic” or “pure CBD oil ” without definitive proof.

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Customers must check a CBD brand’s background before purchasing its products. A responsible brand includes the certificate of analysis (COA) of its products on its website.

COAs contain comprehensive lab results to confirm CBD products’ potency . These results include the cannabinoid and terpene profiles for consumers to determine the exact amount of CBD present and compare it with what is indicated on the label.

Most laboratory results also include contaminant profiles that detail whether a brand’s CBD product is free from harmful contaminants, such as pesticides, heavy metals, or residual solvents.

Consumers should also check whether a product’s label and packaging provide the following details:

  • Amount of CBD per serving
  • Net weight
  • Manufacturer’s name
  • Batch number or code
  • List of ingredients
  • Suggested usage
  • Type of CBD

How to Decide Which CBD Products to Buy

Apart from traditional oil tinctures, companies infuse CBD in topicals, edibles, capsules, and gummies.

Reliable brands include comprehensive backgrounds about their products, helping consumers determine the best CBD product for them.

For example, a brand that offers CBD-infused topicals may recommend lotions or salves to relieve chronic pain among individuals who engage in heavy physical activity.

Consumers looking for CBD stores in Minnesota may also browse the listings of the Better Business Bureau (BBB).

BBB gathers consumer reports and reviews on various businesses and only accredits credible entities (17) .

Where to Buy CBD Products Legally

Customers can typically purchase high-quality CBD products from health and wellness retailers .

Some Minnesota pharmacies sell CBD products that meet state law requirements on labeling and testing.

The only BBB-accredited CBD store in Minnesota is:

  • Stigma, LLC
    Minneapolis , MN
    Phone: (612) 328-9966

Meanwhile, other high rating CBD stores in Minnesota listed on the BBB website include (18) :

  • Vapor Bunker
    Robbinsdale, MN
    Phone: (763) 535-6611
  • Masterpiece Vapors
    Detroit Lakes, MN
    Phone: (218) 844-2012
  • Sarah’s Tobacco Inc
    Columbia Hts, MN
    Phone: (763) 788-2700

CBD Possession Limits

Minnesotan customers can legally possess unlimited amounts of hemp-derived CBD products , unlike eligible medical marijuana patients, who may have only a 30-day supply of cannabis -derived products.

For controlled substance offenses under the 2019 Minnesota Statutes , non-eligible individuals may pay fines for possessing a small amount (less than 42.5g (19) ) of cannabis -derived products (20) .

Offenders may also be subject to taking drug education programs.

Understanding CBD

What Is CBD?

CBD is a non-psychoactive cannabinoid or compound found within cannabis plants.

Most CBD products sold in stores are derived from hemp plants than they are from marijuana plants.

CBD is more abundant in hemp plants than marijuana, which explains why companies typically source the CBD for their products from industrial hemp .

Companies manufacture hemp extracts in different product forms. Available CBD products include tincture oils, topicals , gummies, capsules, and vape juices.

Several types of research have examined the potential benefits of CBD, including anti-anxiety (21) , anti-inflammatory (22) , anti- epilepsy (23) , and analgesic properties (24) . Still, CBD products are not medicine.

Are There Differences Between Hemp and Marijuana?

Although both hemp and marijuana are varieties of Cannabis sativa plants, their differences lie in their cannabinoid contents.

Hemp contains more CBD than marijuana. CBD is non-psychoactive, while THC is psychoactive. Thus, using or consuming products rich in THC can cause users to “get high.”

THC is more abundant in marijuana plants than it is in hemp plants , which explains why marijuana-based products are federally illegal to possess and process.

What Are the Different Types of CBD?

Full-spectrum CBD contains all of the hemp plant ’s naturally-occurring cannabinoids , including trace amounts of THC .

Broad-spectrum CBD contains most of the naturally-occurring cannabinoids within the hemp plant , except THC .

CBD isolate only contains CBD after the hemp plant undergoes extraction methods to strip the plant of most of its naturally-occurring cannabinoids .

What Is the Difference Between CBD Oil and Medical Marijuana?

CBD oil is hemp-derived and has a THC content of less than 0.3%, while medical marijuana may exceed that limit.

Consumers also do not need a medical marijuana card to purchase CBD oil .

Through the Minnesota Medical Cannabis Program, qualified patients may enroll in a patient registry to obtain medical cannabis from one of eight dispensaries in the state (25) .

Conclusion

Like in all 50 United States , Minnesotan consumers can legally purchase CBD products that meet the conditions described in the 2018 Farm Bill .

The standard condition for a CBD product ’s legal status is that it should only have trace amounts of THC , specifically less than 0.3% THC on a dry weight basis.

Consumers must remember that CBD products are not cure-all medicines and have no FDA -approved medical benefits.

Despite the many studies that link the use of CBD to the treatment of several health benefits , first time CBD users would be wise to seek professional medical advice from doctors or physicians with cannabis experience.

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*The information shared in this article was based on findings retrieved on November 19, 2020. The legality and regulations for CBD may change without notice .

Is CBD Legal in Minnesota?

As hemp was legalized on a federal level, states were also given the right to determine their own stance on hemp-derived CBD products.

While some states, (like California and Hawaii) have pretty strict bans on most CBD products, others readily legalized and launched hemp agriculture programs. Minnesota fell somewhere in the middle.

So, is CBD legal in Minnesota? And if so, where can you find it?

Luckily, hemp products are legal in Minnesota, but the state restricts certain forms of CBD products while awaiting more FDA regulation.

To understand what this means for consumers, read more about Minnesota CBD laws below:

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

  • Minnesota has legalized hemp and its derivatives, like CBD, and finally received approval from the USDA on their current hemp agriculture plan in 2020.
  • The state still has specific regulations against certain types of CBD products, like food, drinks, and dietary products. Unrestricted CBD products may be found in pharmacies.
  • Despite legal limitations, CBD is accessible across the state. There are no minimum age requirements for buying CBD, but vendors may set the age limit as high as 21.
  • Minnesota imposes Certain regulations under their new USDA approved hemp plan, but quality regulations are still lacking across the industry. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

What are the CBD laws in Minnesota?

Following the 2014 Farm Bill, Minnesota passed the Minnesota Industrial Hemp Development Act (IHDA), which allowed the Minnesota Department of Agriculture to create the state’s first Hemp Pilot Program, which is similar in nature to the plans laid out by Michigan, Kentucky, and other hemp-forward states. Under the IDHA, various institutions could apply to cultivate hemp for research purposes.

In 2020, the state’s official hemp agriculture plan was approved by the USDA. This plan expands access to hemp as an agricultural commodity and regulates hemp growing and quality testing standards according to the USDA requirements.

In 2019, the state updated legislation to reflect the new federal definition for hemp. Now, the state classifies hemp as any cannabis material and its derivatives, whether living or not, containing less than 0.3% THC on a dry weight basis.

Although the state has technically clarified the difference between marijuana and hemp, and hemp-derived CBD products are legal by definition, the state still restricts certain types of CBD products.

The state has clarified that it aligns with the FDA’s current stance on CBD as a food additive. In Minnesota, CBD cannot be added to food, beverages, or other products intended for consumption. Other states, like Georgia, Louisiana, and California, have also adopted this law.

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In Minnesota, CBD can also not be marketed with medicinal claims. There are no rulings against CBD topical products or other CBD products that meet state manufacturing and labeling requirements.

Are CBD gummies legal in Minnesota?

Minnesota, like many states, aligns with the FDA’s ruling on CBD as a food additive. Currently, CBD cannot be added to products manufactured in the state. There are no laws that suggest consequences for consumer possession of CBD gummies that meet the state’s legal requirements for hemp products.

Does Minnesota have a CBD possession limit?

To date, the state of Minnesota has not highlighted possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are legal in the state only for medical use , but are subject to a different set of laws and restrictions.

Can doctors prescribe CBD in Minnesota?

In Minnesota, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal like Michigan, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Minnesota?

In Minnesota, CBD products that meet state requirements can be sold by state-licensed vendors. This includes the USDA approved regulations defined in the states’ most recent hemp plans.

These restrictions are similar to the CBD sales model found in other states, like Illinois and Colorado, and they haven’t dampened CBD access in the state. Despite rulings against CBD as a food or dietary substance, the products are still accessible in grocery stores and convenience stores across the state.

Still, the state does very little to regulate product quality and consumer safety. This lack of regulation can be risky.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Can you buy CBD in Minnesota at 18?

At both state and federal levels, there are generally very few regulations regarding the legal age for buying CBD. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Minnesota, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Michigan.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Minnesota according to federal guidelines, but is subject to various restrictions. Every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

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