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NOTE: This guidance contains revisions from the version sent on June 5 (see italicized text).
June 9, 2023
Fall deadline set for business registration
Resources to help retailers get ready
Gov. Tim Walz signed into law Minnesota’s adult use cannabis regulation on May 30, 2023. Within the law are regulations that address the public health and safety protections for lower-potency hemp products (edible cannabinoid products) sold in the state. This includes edibles, beverages, and topicals.
The law transfers regulatory authority from the Board of Pharmacy to the Office of Medical Cannabis at the Minnesota Department of Health.
By Oct. 1, 2023, all establishments (including exclusive liquor stores) that sell lower-potency hemp products containing THC, CBD, or both, must register with the State of Minnesota. The Office of Medical Cannabis is preparing the registration form and will announce when it is ready. There will be no cost to register.
In the meantime, retail establishments that sell lower-potency hemp products are encouraged to assess their inventory to ensure it meets all state requirements. The Office of Medical Cannabis will work with retailers to provide guidance on addressing inventory corrections prior to enforcement.
What does this mean?
Lower-potency hemp edibles or beverages (edible cannabinoid products) can only be sold in Minnesota to people age 21 or older.
Effective May 31, 2023, edible products sold in Minnesota must be compliant with the law:
- If the lower-potency hemp edible is intended to be consumed as a beverage, the container may not contain more than 2 servings and no more than 5 mg of delta 8 THC per serving, or 10 mg total THC.
- If the product is an edible, the package cannot contain more than 5 mg delta 8 or delta 9 THC per serving and 50 mg total THC per package.
- Each serving must be scored, wrapped, or another indicator that clearly distinguishes each serving.
- The edible products cannot contain synthetic cannabinoids or artificially derived cannabinoids, other than delta-8 or delta-9 THC.
- Edibles must be in a child-resistant, tamper-evident, and opaque package or container.
- Each batch of the product must be tested in an accredited laboratory The product cannot be contaminated or have more than trace amounts of mold, residual solvents or other catalysts from processing, pesticides, fertilizers, or heavy metals. In addition, the amount or percentage of cannabinoids on the label must be confirmed through testing.
- The product label must identify the amount or percentage of cannabinoids, the number of servings, list of ingredients, and the statement “Keep out of the reach of children.”
Topical products containing hemp-derived cannabinoids intended for external use only, such as creams or ointments, may be sold in Minnesota and must be advertised as such.
Effective May 31, 2023, products containing nonintoxicating cannabinoids that are intended to be smoked or vaped are not allowed in Minnesota.
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Learn more
Visit Lower-Potency Hemp Edibles to get more details. Check the website often for updates.
Questions?
Submit your questions to health.hempedibles@state.mn.us.
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