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Dec. 16, 2024
Welcome!
For our second installment of the Cannabis Compliance Connector, we continue to focus on education. Read on to learn about registration to license conversion for hemp-derived cannabinoid product (HDCP) retailers, proper certificate of analysis practices, and more!
Any registered businesses currently selling HDCPs that want to continue selling these products legally after adoption of rules pursuant to Minnesota Statutes, section 342.02, subdivision 5, will have to convert to a lower-potency hemp edible retailer license or other license type that allows such business activities when business licenses are available.
Only businesses that are registered with OCM and are in good standing with the state are eligible for license conversion. The online registration portal currently available on the OCM website will close immediately when the rules for Minnesota's cannabis industry are adopted. This is anticipated to occur in the first quarter of 2025. Any unregistered business that wants to sell HDCPs after that date will have to wait to apply for a license during a regular licensing round.
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What you need to know
Any business that wants to sell HDCPs after the online registration portal closes will have to wait to apply for a license. Any current registrant may convert their registration to a license as long as they apply while the application portal is open and their registration is in good standing with OCM. A business that decides not to convert to or apply for a license will no longer be legally allowed to sell HDCPs.
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All HCDPs must be tested by an accredited laboratory for potency and contaminants like microbes, heavy metals, pesticides, etc. The testing report which contains the lab results is called a certificate of analysis, commonly shortened to "COA" or "C of A" and must be provided on all product packaging; either printed directly on it or linked via a scannable QR code. See below for additional pertinent information.
- Testing must be done for every product batch and the batch number and sample type must be listed on the COA.
- If the QR code link is broken, does not link directly to the COA, or is not representative of the specific product batch, then the product is not compliant with Minnesota Statutes, section 151.72.
- QR code links must be maintained properly, or they can become broken and not link to the correct COA anymore. Retail establishments should check QR code links for each product batch to ensure they are working and compliant when taking in new product. Retailers should document those checks in case links are broken at a later date through no fault of their own.
- COAs must be signed by the laboratory manager. Once COAs are signed, they are a legal document and as such may NOT be altered in any way. Even minor changes such as altering the client's name or the heading on the COA is prohibited.
- If errors are found or information needs to be updated for a valid reason, COAs may be edited by the laboratory. In cases like that, the COA must be amended and reissued, with the reason for the change noted on the COA. If OCM discovers COAs have been altered in an unauthorized manner, the product manufacturer or responsible party may be fined or subject to additional legal action.
- COAs are technical, scientific documents, and as such, can be difficult to read and understand. OCM has technical experts who can assist you with understanding COAs. Please reach out to us at cannabis.info@state.mn.us to get in touch with an expert.
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What you need to know
- All HDCPs must have valid COAs representing each specific product batch.
- COAs are legal documents and the only entity that can edit them is the issuing laboratory.
- Reach out to OCM if you have questions or need help reading COAs.
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Important updates and reminders
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Airport enforcement policy: Packages containing cannabis have recently been intercepted at the Minneapolis-St. Paul Airport hub by airport police. It is illegal to ship cannabis through the mail or transport it across state lines. Hemp contains a delta-9 THC content of 0.3% or less. The Federal Farm Bill requires delta-9 THC to be calculated post-decarboxylation, which means that THCA is included. Cannabis that is high in THCA is not hemp by federal or Minnesota law. Any product that is labeled as hemp, but doesn’t meet the legal standard, will be intercepted by airport police.
- Any HDCPs held within the state of Minnesota are subject to the requirements in Minnesota Statutes, section 151.72. OCM staff will inspect any HDCPs held on the premises of a retailer, and all HDCPs are subject to compliance and enforcement action. This includes items that are in storage and office areas of stores.
- Once OCM issues low-potency hemp edible licenses, approximately six months after OCM adopts rules, all HDCPs will have to comply with Minnesota Statutes, Chapter 342 potency, packaging, and testing requirements. As referenced above, rule adoption is expected to occur in the first quarter of 2025.
- Whether you have been inspected previously or not, it doesn't have to be an intimidating experience. We’ve updated our inspection checklist to help you prepare for your next inspection and to ensure that your products are compliant before you are inspected. Go to What to Expect When You're Inspected (PDF).
OCM inspectors want to assist your business with being compliant and help educate you and your staff on the rules for the legal cannabis and low-potency hemp edibles and beverages industry. Inspections also ensure public health and safety.
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