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July 16, 2024

Statutorily Approved Cannabinoids in Hemp-Derived Edibles

Dear Registered Hemp-Derived Cannabinoid Business:

We’re providing this communication as clarification to the message sent earlier today regarding statutorily approved cannabinoids. 

On July 1, 2024, the Minnesota Department of Health’s Office of Medical Cannabis moved to the Minnesota Office of Cannabis Management (OCM). As part of that move, OCM assumed the powers, duties, and authorities exercised by the commissioner of health with respect to the medical cannabis program as well as the hemp-derived edible program governed by Minnesota Statutes, section 151.72. This letter addresses the status of approved cannabinoids that may be used in hemp edibles and the future process of petitioning OCM to designate a cannabinoid as nonintoxicating or to allow the use of any cannabinoid in lower-potency hemp edibles, under Minnesota Statutes, section 342.06.

Delta-8 and delta-9 THC are the only intoxicating cannabinoids currently allowed

Minnesota Statutes, section 151.72, states that the only intoxicating cannabinoids allowed in lower-potency hemp edibles are delta-8 and delta-9 THC, unless the commissioner authorizes use of the artificially derived cannabinoid in edible cannabinoid products. Non-intoxicating cannabinoids such as CBD, CBG, CBN and CBC are also allowed. Section 151.72 does not contain a method for OCM to review and authorize the use of an artificially derived cannabinoid in edible cannabinoid products, nor does it authorize OCM to conduct rulemaking to create such a process. To date, no other cannabinoids (THC-P, THC-O, THC-V, HHC, etc.) have been approved for use in edible cannabinoid product.

Petition process for additional cannabinoids begins in 2026

Minnesota Statutes, section 342.06, subdivision 2, provides that, beginning on January 1, 2026, any person may petition OCM to designate a cannabinoid as nonintoxicating or to allow the use of any additional cannabinoids besides those included in the definition of lower-potency hemp edibles. OCM is granted rulemaking authority under Chapter 342, and will (as part of the cannabis rules, to be published in early 2025) adopt rules to guide the petition and approval process. As this approval process will not begin until 2026, the only cannabinoids and lower-potency hemp edibles currently legal for sale are those allowed in Minnesota Statutes, section 151.72.

What does this mean for lower-potency hemp derived retailers and manufacturers and prospective hemp and cannabis business license applicants?

Only the approved intoxicating cannabinoids delta-8 and delta-9 THC, or non-intoxicating cannabinoids as referenced in Minnesota Statutes, section 151.72, may be used in any lower-potency hemp derived edible products. Use of any other cannabinoids is illegal and may result in violations and penalties under Minnesota Statutes, Chapters 151 and 342. Be advised, recent changes to Minnesota law require that OCM deny an application for a cannabis license by anyone issued a penalty under Chapter 342.

Charlene Briner
Interim Director
Office of Cannabis Management