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Minnesota law eliminates delta 8, but sets a high limit for THC in hemp foods

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A new Minnesota law that went into effect last week aims to ban the sale of products containing high amounts of delta-8 THC, but it also set a relatively high limit for total THC in hemp foods.

The measure, signed by Governor Tim Walz in May and taking effect on Friday, July 1, allows adults age 21 and older to own and consume cannabis-containing foods and beverages that contain up to five milligrams of total THC combined — such as delta — 9, delta-8 and delta-10 – per serving, with individual packages set at 50mg.

While the cap on food products is high, it will essentially force products with high levels of delta-8 THC — popular in Minnesota in vapes and other forms — out of the market.


Hemp and CBD products became legal in Minnesota in January 2020, provided they contain less than 0.3% delta-9 THC (abundant in marijuana plants but only present in trace amounts in hemp). But the threshold did not apply to delta-8 and other variants of THC, which the new law addresses by setting volume limits based on total THC weight.

Delta-8 THC is manufactured by putting hemp-derived CBD through a synthetic process. Producers in Minnesota and around the United States benefited from the legalization of hemp in 2018 under the reasoning that CBD made from legal cannabis flowers means that production of Delta 8 THC downstream is also legal.

The new law essentially makes clear that products with high levels of THC are strictly limited to medical marijuana, which has been legal in the state since 2014. Recreational marijuana has not been legalized in Minnesota.

Praise the law

Supporters applauded the clarification of the total THC allowed in foods and beverages.

House Majority Leader Ryan Winkler, who called the law a “step forward,” said Minnesota “strongly favors this change,” which he described as “an opportunity for Minnesota businesses and consumers to access a product that can be safe, widely available, and in use today.” , however, through an illicit market.”

Studies have shown only children and infrequent users or nonusers of THC products begin to reach a moderate “high” after taking five milligrams – the maximum set by the new law per serving.

In other provisions now in effect in Minnesota:

  • The Minnesota Board of Pharmacy is the regulatory authority for new hemp-derived food and beverage products.
  • Licenses are not required to manufacture, distribute, or sell hemp-containing foodstuffs and THC-containing beverages.
  • Manufacturers, distributors, and sellers of hemp-based products are responsible for contracting with accredited laboratories in order to certify that their products comply with the standards of the State Board of Pharmacy.
  • Producers are not required to submit lab test results to the Board of Pharmacy but must keep records and show results if requested by the agency.
  • Hemp-derived products containing THC cannot be shaped like humans, animals, or fruit, nor can they be modeled on products marketed to children.
  • Commercially available candy and snack producers are prohibited from adding THC to existing products.
  • Restaurants, bars, or other businesses cannot add cannabis-derived substances to the foods and beverages they serve.

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