Soon after the US Federal government passed the Farm Bill, the 2021 Minnesota statute 151.52 addresses the legality of hemp products in Minnesota. According to this statute, Minnesota laws allow for the production, selling, and consumption of hemp products, so long as they contain less than 0.3% of THC by dry weight.
What types of products does Minnesota Statute 151.72 apply to?
- It applies to two types of products. First, it applies to any nonintoxicating cannabinoid product intended for human or animal consumption by any route of administration, that is not an edible cannabinoid. Examples include, but are not limited to tablets, capsules, solutions, tinctures, or other products meant for oral administration or ingestion; creams, lotions, ointments, salves, or other products meant for topical administration; products meant to be inhaled, smoked, vaped, sprayed into nostrils, or insufflated (sniffed); and hemp flowers and buds. Note, in addition to other requirements, these products must not contain more than 0.3% tetrahydrocannabinol.
- The second type of products are edible cannabinoids, which are defined in section 151.72 as products that are intended to be eaten or consumed as a beverage by humans, contain a cannabinoid in combination with food ingredients, and are not drugs. Note, in addition to other requirements, an edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. Furthermore, to be considered an edible cannabinoid, no claims can be made or implied that the product can prevent, treat, or cure a disease, or alter the structure or function of a human or animal body.
With the new Minnesota House Bill 3595, as of July 1, 2022, Minnesotans who are at least 21 years old can purchase and consume edible and drinkable products containing hemp-derived THC that contain 3% or less by dry weight.
Food ingredients that will be combined with substances derived from hemp, to make an edible cannabinoid product, must meet requirements for food manufacturing. Prior to being combined with substances derived from hemp, food ingredients fall under the definition of “food” found in Minn. Stats. 34A.01, subd. 4, and are under the jurisdiction of the Minnesota Department of Agriculture.
Also important to mention is that Minn. Stats. 151.72 only allows for the sale of manufactured and packaged products that contain substances derived from hemp. It does not allow for food service or further food preparation activities using products which contain substances derived from hemp.
Minnesota state also allows the prescribed use of marijuana for medical purposes. Medical marijuana can be used in all forms, including oral sprays, THC tinctures, capsules, etc. Note that medical marijuana is reserved for those who have a qualifying condition and have been approved for medical marijuana use.
Recreational marijuana is still illegal in the state of Minnesota.
Sec. 18.002. Definition
In this chapter, "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Sec. 18.003. Subdivision 1. Industrial Hemp
Industrial hemp is an agricultural crop in Minnesota state. A person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant to this chapter or lawfully grown in another state.
Sec. 18.004. Subdivision 3. Federal Requirements
The applicant must demonstrate to the satisfaction of the commissioner that the applicant has complied with all applicable federal requirements pertaining to the processing, production, distribution, and sale of industrial hemp.
Sec. 151.72. Sale Of Certain Cannabinoid Products
Subdivision 3.Sale of Cannabinoids Derived From Hemp
Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids may be sold for human or animal consumption if all of the requirements of this section are met.
Subdivision 6. Enforcement
(a) A product sold under this section shall be considered an adulterated drug if:
- It consists, in whole or in part, of any filthy, putrid, or decomposed substance;
- It has been produced, prepared, packed, or held under unsanitary conditions where it may have been rendered injurious to health, or where it may have been contaminated with filth;
- Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health;
- It contains any color additives or excipients that have been found by the FDA to be unsafe for human or animal consumption; or
- It contains an amount or percentage of cannabinoids that is different than the amount or percentage stated on the label.