Hello cannabis and hemp business owners, 

Today, Governor Tim Walz signed a bill passed by the Minnesota Legislature allowing businesses to use out-of-state ISO 17025 accredited testing facilities for lower-potency hemp edible (LPHE) products until May 31, 2027. Championed by legislative partners Senator Lindsey Port and Representative Jess Hanson, the bill passed through the House last week, and the Senate approved it on Monday afternoon. With the governor’s signature, it takes effect the following day.  

The allowance for businesses to continue to use out-of-state testing facilities for LPHEs will ease pressure on OCM-licensed labs and reduce wait times for cannabis and hemp products as more testing facilities come online and begin to operate under the Minnesota Statutes, chapter 342, and Minnesota Rules, chapter 9810.  

Once licensed by OCM, all license holders must adhere to the requirements of statute and rule, including the required product testing. LPHE license holders should review Guidance Memo 2025-03 for more information about the transition to licensure. The Cannabis Technical Authority: Standards for Sampling and Testing Cannabis and Hemp Products (CTA) defines the required testing for all LPHEs and hemp-derived consumer products (HDCPs). Please note that the testing requirements are the same for all cannabis and hemp products, including LPHEs and HDCPs.    

Testing requirements 

The required safety and potency testing includes testing for potency in all products and contaminants as specified by statute, including microbial, mycotoxins, heavy metals, pesticides, foreign matter, and residual solvents. Potency testing requires analysis of the 10 cannabinoids listed in the CTA on Page 13, as well as homogeneity of the product across units (Page 14), and stability of the product (Page 14).  

A Minnesota-license holder manufacturing hemp edibles must follow the product testing flow chart on Page 6 of the CTA, ensuring that the concentrate used to manufacture the LPHE has been tested for all contaminants and potency before being used as an ingredient. Any concentrate that is imported to Minnesota for LPHE manufacturing must have full panel testing performed prior to using it in product formulation. Full panel testing is defined on Page 2 of the CTA. Any LPHEs entering the market from out-of-state must come from an approved out-of-state manufacturer (see Guidance Memo 2025-02) and have full panel testing performed.  

LPHE licensing reopens April 1 

Last week, we announced that the office would resume accepting applications for LPHE licenses on April 1. This will be an ongoing application opportunity, and applications will be reviewed on a rolling basis. All hemp license types will be available: LPHE manufacturer, wholesaler, and retailer.   

As the office shared previously, last November the federal government passed legislation that goes into effect Nov. 13, 2026, including a federal ban on hemp-derived products containing more than 0.4 milligrams of THC. Several bills with bipartisan support are being considered at the federal level, but none have yet been passed. As the pending prohibition nears, there may be significant impact on your business decisions, and the office suggests seeking legal advice. 

OCM will continue to implement chapter 342 as charged. OCM will continue to monitor and share the impact of potential federal legislation on Minnesota as it becomes available.   

Regards, 

Minnesota Office of Cannabis Management