Discover whether or not you’re allowed to purchase delta-8 THC products in the North Star State of Minnesota. A change to Minnesota law means you soon legally can buy food and drinks with CBD and some THC in it. As hemp was legalized on a federal level, states were also given the right to determine their own stance on hemp-derived CBD products. While some states, (like California and Hawaii) have pretty strict bans on most CBD products, others readily legalized and launched hemp agriculture programs. Minnesota fell somewhere i
Is Delta-8 THC Legal in Minnesota?
Minnesota is one of 32 US states that hasn’t restricted or banned delta-8 under state law.
Delta-8 THC derived from hemp plants carrying no more than 0.3% THC is legal in Minnesota under state law, aligning with federal law. It’s currently legal to use, possess, sell, distribute, and produce delta-8 products within the state without fear of penalty or prosecution.
Likewise, hemp-derived delta-10, THC-O, and other delta-9 THC isomers are also legal, as is CBD. The only hemp-derived compound listed under Minnesota’s Controlled Substances Act is delta-9 THC.
Is delta-8 legal in Minnesota?
- Hemp-derived delta-8 is legal in Minnesota.
- You can use, possess, sell, distribute, and produce delta-8 products without trouble from law enforcement.
- Delta-10, THC-O, and other delta-9 isomers are also legal, provided they’re sourced from legal hemp plants.
- Hemp-derived CBD is legal in Minnesota, and no restrictions apply to its use.
- Medical marijuana is legal in Minnesota. Recreational marijuana isn’t legal and carries strict punishments if caught using, possessing, selling, distributing, or producing marijuana products.
- There’s currently no future legislation that could change delta-8’s legality in Minnesota.
Is delta-8 THC legal to buy in Minnesota?
Yes, hemp-derived Delta-8 is legal in Minnesota under state law, meaning the use, possession, sale, purchase distribution, production, and manufacture of delta-8 products is permitted without risk of penalty or prosecution.
Legislative history of delta-8 in Minnesota
In 2018, the federal government passed the amended Agriculture Improvement Act (Farm Bill) legalizing hemp, hemp-derived compounds, and hemp-derived delta-8, removing them from the federal Controlled Substances Act (CSA). In the eyes of the federal government, legal hemp and hemp products must carry no more than 0.3% THC. Many US states aligned their hemp laws to coincide with the Farm Bill shortly after its passage.
Minnesota already had an established hemp pilot program following the passage of the Industrial Hemp Development Act in 2015, meaning natural delta-8 in hemp plants was also legal. It was amended in 2019 to coincide with the Farm Bill. Therefore, delta-8 derived from hemp containing no more than 0.3% THC is legal under state law.
Is medical marijuana legal in Minnesota?
Yes, medical marijuana is legal in Minnesota. It was legalized in 2014 following the passage of Minnesota’s Medical Cannabis Therapeutic Research Act. The law created a long-awaited patient registry program supplied by the Minnesota Department of Health.
Initially, only a select number of qualifying conditions granted patients access to small quantities of medical marijuana. Liquid, oils, and pills were the only types of medical cannabis products legally available. The first dispensary opened a year later in 2015.
Since 2014, the Minnesota Department of Health has expanded qualifying conditions to include intractable pain, chronic pain, cancer, PTSD, autism, and sickle cell disease.
In 2021, Minnesota lawmakers approved legalizing smokeable forms of cannabis for medicinal purposes.
Is recreational marijuana legal in Minnesota?
No, recreational marijuana is not legal in Minnesota. However, possession of 42.5 grams or less is decriminalized. Penalties for recreational cannabis possession above 42.5 grams range is punishable by up to five years and a fine of up to $10,000.
Buying delta-8 in Minnesota
Purchasing delta-8 in Minnesota is simple and easy. It’s readily available online and in physical retail stores such as vape shops, CBD dispensaries, and head shops located all across the state.
You can also buy delta-8 in some gas stations, but this isn’t recommended. The quality, safety, and transparency of most gas station delta-8 products are questionable. Some might even be very harmful to your health.
As a general rule, we advise you to purchase delta-8 online from legitimate delta-8 vendors with a history of producing safe, transparent, and quality products.
For a full rundown of the best delta-8 products available online, you can follow the link here.
Recommended delta-8 companies
Binoid is a credible delta-8 vendor based in Los Angeles, California. The company boasts a wide range of delta-8 products, including delta-8 gummies, capsules, vape carts, lollipops, brownies, and chocolate. Each product is third-party tested by legitimate laboratories specializing in cannabis analysis. You can find all Certificates of Analysis (COAs) on the company’s website, ensuring safety and transparency.
Harbor City Hemp
Harbor City Hemp is a legitimate delta-8 vendor located in Melbourne, Florida, and has a huge variety of delta-8 oils and tinctures. The strengths range from as low as 250 mg to as high as 12,000 mg, meaning beginners and seasoned delta-8 users are catered to. What’s more, Harbor City Hemp third-party tests its products to ensure, safety, transparency, and quality across the board. You can find COAs on the company’s website.
Can you travel to Minnesota with delta-8?
Yes, it’s perfectly legal to travel into Minnesota with delta-8 THC products, as long as it’s made and extracted from hemp plants containing no more than 0.3% THC (by dry weight).
If you’re flying into Minnesota with delta-8 THC in your possession, we always recommend you check with the airline first. Some airlines have policies against having cannabis products on board, regardless of whether it’s hemp or marijuana-derived.
Is delta-10 THC legal in Minnesota?
Yes, like delta-8, delta-10 is perfectly legal in Minnesota, provided it’s sourced from federally compliant hemp plants carrying no more than the legal 0.3% THC limit. This means the use, possession, sale, distribution, and production of delta-10 THC products are permitted under state law.
Other hemp-derived THC isomers such as HHC and THCP are also legal in Minnesota under state law.
Where can you purchase delta-10 THC products in Minnesota?
You can purchase delta-10 THC products online and in physical retail stores such as vape stores, head shops, and CBD dispensaries. Remember, delta-10 is less popular than delta-8, and the selection is far more limited. Not every physical store stocks delta-10.
Is CBD legal in Minnesota?
Yes, CBD is legal in Minnesota under state and federal law, provided it’s derived from hemp plants carrying no more than the legal 0.3% THC limit (by dry weight). There are no restrictions on CBD’s use, possession, sale, distribution, or production in the state.
However, CBD derived from marijuana is strictly illegal. Only patients with qualifying health conditions have access to marijuana-derived CBD for medicinal purposes.
Upcoming legislation in Minnesota that could change delta-8’s legality?
There is currently no upcoming legislation that could change the legal status of delta-8 THC in Minnesota. The use, possession, sale, purchase, distribution, production, and manufacture of delta-8 products are permitted without fear of penalty or prosecution.
Closing thoughts: The future for delta-8 in Minnesota
To all Minnesota residents, you’re in a fortunate position where state lawmakers are currently delta-8 friendly and aren’t looking to ban or restrict delta-8 products. You can enjoy delta-8’s subtle but noticeable therapeutic high with no risk of penalty or prosecution from law enforcement.
However, outside of Minnesota, delta-8’s safety and legality are under question from the federal government, resulting in 18 states restricting or banning delta-8 products. Will Minnesota join them? We hope not. But, for now, you can consume delta-8 products risk-free and with full enjoyment.
CBD, Some THC To Be Allowed In Food, Drinks Sold In Minnesota
ST. PAUL, Minn. (WCCO) — A change to Minnesota law means you soon legally can buy food and drinks with CBD and some THC in it.
The legislature cleared up some of the confusion surrounding what’s allowed in food and beverages. The bill also tightened restrictions on how much hemp-derived THC is legal.
Nothing But Hemp sells everything from CBD tinctures and capsules to Delta 8 gummies. Sellers and buyers have been living in somewhat of a gray area of what’s allowed, especially when it comes to edibles.
Steve Brown is the owner of the St. Paul shop.
“Right now, we have clarity in the industry, which is exactly what we were looking for,” Brown said.
The legislature approved adding CBD to food and drinks, along with 5 mg of hemp-derived THC per serving, and 50 mg total in a package.
It added other safeguards, like childproof packaging and more testing.
“Overall, this is gonna create new businesses, new opportunities, new products, and it’s going to be really good for consumers,” Brown said.
“It’s a big deal for anyone who uses CBD products. Now it will be expressly legal in Minnesota for the first time,” said Jason Tarasek with Minnesota Cannabis Law.
Tarasek specializes in Cannabis law. He says the bill also includes limitations, impacting certain products, likely vapes and some flowers.
“I know there are people in the vape industry who wish this bill could’ve gone further,” Tarasek said.
Some products with too much THC per serving or per package will need to be taken off the shelf, and more edibles will take their place.
“Cookies and brownies, different types of snacks. I mean, it’s gonna be really neat to see the innovation,” Brown said.
He thinks this is a step in the right direction.
“We’re getting closer to legalization, and I believe that companies that are in this space, that have been here for a while, are really gonna increase revenue, you know, ten-fold,” Brown said.
Gov. Tim Walz is expected to sign the bill. The changes would go into effect on August 1.
Is CBD Legal in Minnesota?
As hemp was legalized on a federal level, states were also given the right to determine their own stance on hemp-derived CBD products.
While some states, (like California and Hawaii) have pretty strict bans on most CBD products, others readily legalized and launched hemp agriculture programs. Minnesota fell somewhere in the middle.
So, is CBD legal in Minnesota? And if so, where can you find it?
Luckily, hemp products are legal in Minnesota, but the state restricts certain forms of CBD products while awaiting more FDA regulation.
To understand what this means for consumers, read more about Minnesota CBD laws below:
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
- Minnesota has legalized hemp and its derivatives, like CBD, and finally received approval from the USDA on their current hemp agriculture plan in 2020.
- The state still has specific regulations against certain types of CBD products, like food, drinks, and dietary products. Unrestricted CBD products may be found in pharmacies.
- Despite legal limitations, CBD is accessible across the state. There are no minimum age requirements for buying CBD, but vendors may set the age limit as high as 21.
- Minnesota imposes Certain regulations under their new USDA approved hemp plan, but quality regulations are still lacking across the industry. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in Minnesota?
Following the 2014 Farm Bill, Minnesota passed the Minnesota Industrial Hemp Development Act (IHDA), which allowed the Minnesota Department of Agriculture to create the state’s first Hemp Pilot Program, which is similar in nature to the plans laid out by Michigan, Kentucky, and other hemp-forward states. Under the IDHA, various institutions could apply to cultivate hemp for research purposes.
In 2020, the state’s official hemp agriculture plan was approved by the USDA. This plan expands access to hemp as an agricultural commodity and regulates hemp growing and quality testing standards according to the USDA requirements.
In 2019, the state updated legislation to reflect the new federal definition for hemp. Now, the state classifies hemp as any cannabis material and its derivatives, whether living or not, containing less than 0.3% THC on a dry weight basis.
Although the state has technically clarified the difference between marijuana and hemp, and hemp-derived CBD products are legal by definition, the state still restricts certain types of CBD products.
The state has clarified that it aligns with the FDA’s current stance on CBD as a food additive. In Minnesota, CBD cannot be added to food, beverages, or other products intended for consumption. Other states, like Georgia, Louisiana, and California, have also adopted this law.
In Minnesota, CBD can also not be marketed with medicinal claims. There are no rulings against CBD topical products or other CBD products that meet state manufacturing and labeling requirements.
Are CBD gummies legal in Minnesota?
Minnesota, like many states, aligns with the FDA’s ruling on CBD as a food additive. Currently, CBD cannot be added to products manufactured in the state. There are no laws that suggest consequences for consumer possession of CBD gummies that meet the state’s legal requirements for hemp products.
Does Minnesota have a CBD possession limit?
To date, the state of Minnesota has not highlighted possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are legal in the state only for medical use , but are subject to a different set of laws and restrictions.
Can doctors prescribe CBD in Minnesota?
In Minnesota, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal like Michigan, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in Minnesota?
In Minnesota, CBD products that meet state requirements can be sold by state-licensed vendors. This includes the USDA approved regulations defined in the states’ most recent hemp plans.
These restrictions are similar to the CBD sales model found in other states, like Illinois and Colorado, and they haven’t dampened CBD access in the state. Despite rulings against CBD as a food or dietary substance, the products are still accessible in grocery stores and convenience stores across the state.
Still, the state does very little to regulate product quality and consumer safety. This lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Can you buy CBD in Minnesota at 18?
At both state and federal levels, there are generally very few regulations regarding the legal age for buying CBD. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
In Minnesota, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Michigan.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Minnesota according to federal guidelines, but is subject to various restrictions. Every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.