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Feb. 12, 2025
Important reminder on hemp-derived cannabinoid products and total THC
Dear hemp-derived cannabinoid product manufacturers, distributers, and wholesalers:
Minnesota Office of Cannabis Management (OCM) inspectors are currently inspecting manufacturers, distributors, and wholesalers that are known or expected to be selling or distributing hemp-derived cannabinoid products to be sold in Minnesota.
Minnesota law requires that all hemp-derived cannabinoid products manufactured, imported, distributed, or stored with the intent to sell in the state of Minnesota meet the requirements of Minnesota Statutes, section 151.72.
Products meeting the legal definition of cannabis are regulated under Minnesota Statutes Chapter 342. This includes flower and pre-roll products testing over 0.3% total THC. In Minnesota, total THC is determined post-decarboxylation, using the following formula: (THCA*0.877) + delta-9 THC.
A letter authored by the U.S. Drug Enforcement Administration in May 2024 clarifies that products testing more than 0.3% total THC are legally considered cannabis and do not fall within the parameters of the 2018 Farm Bill as it relates to hemp.
Please ensure that all products you carry or transport for distribution, either in or out of the state of Minnesota, meet these guidelines. All products, including vapes, edibles and flower products are to be 0.3% or less in total THC, regardless of where the product is sold. Any products exceeding 0.3% total THC must be disposed of or destroyed.
OCM has created a compliance fact sheet providing information about THC potency and serving limits for edibles and beverages, testing and labeling requirements, and restrictions on certain product types and cannabinoid types. Manufacturers, distributors, and wholesalers are responsible for ensuring that all products sold, imported or distributed are compliant with Minnesota law. Failure to comply with Minnesota law could result in product being embargoed and fines up to $10,000 per occurrence.
More information about hemp-derived cannabinoid products and compliance requirements under Minnesota law are available on the OCM website: https://mn.gov/ocm. Questions about products or compliance should be directed via email to cannabis.info@state.mn.us, or you can reach out to your designated OCM inspector.
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