Proposed Rules Relating to Cannabis, Minnesota Rules, 9810; Revisor’s ID Number 4844.

Introduction. The Minnesota Office of Cannabis Management intends to adopt rules under the expedited rulemaking process following the rules of the Office of Administrative Hearings, Minnesota Rules, part 1400.2410, and the Administrative Procedure Act, Minnesota Statutes, section 14.389. The proposed expedited rules may be viewed at the OCM Rulemaking webpage starting Monday, Jan. 13. You may submit written comments on the proposed expedited rules until 4:30 p.m. on Wednesday, February 12, 2025.

Subject of the Expedited Rules. The proposed expedited rules are initial rules designed to regulate the adult-use cannabis, medical cannabis, hemp-derived consumer products, and lower-potency hemp derived edibles markets in Minnesota. The rules cover all parts of a licensee’s activities, including application, cultivation, manufacture, packing, labeling, transportation, sale, delivery, record-keeping, testing, and office processes for oversight and enforcement.

Statutory Authority. The statutory authority to adopt these rules is Minnesota Statutes, section 342.02 subdivision 5. Specific statutory authority is also found in Minnesota Statutes, sections:

342.06, subd. 1(b); 342.06, subd. 1(c); 342.07, subd. 1(a); 342.08, subd. 1; 342.08, subd. 2; 342.08, subd. 3; 342.08, subd. 4; 342.13 (g); 342.14, subd. 1(f); 342.15, subd. 1(c); 342.15, subd. 2(a); 342.15, subd. 3; 342.15, subd. 5; 342.23, subd. 1(c); 342.28, subd. 2(c); 342.29, subd. 2(c); 342.30, subd. 4(c); 342.31, subd. 2; 342.31, subd. 4(c); 342.32, subd. 4(d); 342.33, subd. 3(c); 342.35, subd. 3(c); 342.37, subd. 3(b); 342.39, subd. 3(b); 342.41, subd. 3(c); 342.42, subd. 2; 342.42, subd. 3; 342.44, subd. 1(b); 342.515, subd. 3; 342.61, subd. 2(a); 342.61, subd. 3; and 342.63, subd. 3(b).

The statutory authority to adopt the rules under the expedited rulemaking process is Minnesota Statutes, section 342.02 subdivision 5.

Publication of proposed rules. A copy of the proposed rules will be published in the State Register. The proposed expedited rules may be viewed at the OCM Rulemaking webpage starting Monday, Jan. 13. A free copy of the rules is available upon request from the office contact person listed below.  

Office Contact Person. The office contact person is Lorenzo Nelson at the Minnesota Office of Cannabis Management, PO Box 64034, St. Paul MN 55164, 651-775-3471, and lorenzo.nelson@state.mn.us. You may contact the office contact person with questions about the rules.

Public Comment. You have until 4:30 p.m. on Wednesday, February 12, 2025, to submit written comment in support of or in opposition to the proposed expedited rules and any part or subpart of the rules.

Your comment must be in writing and received by the office contact person by the due date. Your comment should identify the portion of the proposed expedited rules addressed and the reason for the comment. In addition, you are encouraged to propose any change desired. You must also make any comments that you have on the legality of the proposed rules during this comment period. If the proposed expedited rules affect you in any way, the office encourages you to participate in the rulemaking process.

Starting Monday, Jan. 13, submit written comments via the Office of Administrative Hearings Rulemaking eComments website, by U.S. Mail delivered to the Office of Administrative Hearings, 600 North Robert Street, P.O. Box 64620, Saint Paul, Minnesota 55164-0620, or by fax (651) 539-0310.

All comments or responses received are public data and will be available for review on the eComments website.

Modifications. The office may modify the proposed expedited rules using either of two avenues: The office may modify the rules directly so long as the modifications do not make them substantially different as defined in Minnesota Statutes, section 14.05, subdivision 2, paragraphs (b) and (c). Or the office may adopt substantially different rules if it follows the procedure under Minnesota Rules, part 1400.2110. If the final rules are identical to the rules originally published in the State Register, the office will publish a notice of adoption in the State Register. If the final rules are different from the rules originally published in the State Register, the office must publish a copy of the changes in the State Register.

Adoption and Review of Expedited Rules. The office may adopt the rules at the end of the comment period. The office will then submit rules and supporting documents to the Office of Administrative Hearings for review for legality. You may ask to be notified of the date that the office submits the rules. If you want to be so notified or want to receive a copy of the adopted rules or want to register with the office to receive notice of future rule proceedings, submit your request to the office contact person listed above.

Lobbyist Registration. Minnesota Statutes, chapter 10A, requires each lobbyist to register with the State Campaign Finance and Public Disclosure Board. You may direct questions about this requirement to the Campaign Finance and Public Disclosure Board at: Suite #190, Centennial Building, 658 Cedar Street, St. Paul, Minnesota 55155, telephone (651) 539-1180 or 1‑800‑657‑3889.

Alternative Format. Upon request, this information can be made available in an alternative format, such as large print, braille, or audio. To make such a request, please contact the office contact person at the address or telephone number listed above.