Is Delta 8 THC Legal in Minnesota?

Legality of buying Delta 8 THC in Minnesota

View all Delta 8 THC Legal States Information

The State of Minnesota allows Delta 8 THC. The US Farm Bill made industrial hemp-derived products federally legal as long as the Delta 9 contents remain under .3% Delta-9 THC, but some States have their own laws regarding these products in the State. Unlike CBD, Delta 8 is psychoactive and will get you high. Learn about the current legislation and regulations on buying and selling Delta 8 in Minnesota.

 

Yes, Delta 8 THC is legal in the State of Minnesota.

In Minnesota, Delta 8 is allowed. Due to pharmacological activity reported in Delta-8 content, some liken it to the same psychoactive "high" experienced using products with high Delta-9 content. Since hemp material derived from the industrial hemp plant became federally legal because of the president signing the 2018 Farm Bill into law, lawmakers needed to revisit hemp regulation in the state.

To do so, lawmakers needed to define their stance on tetrahydrocannabinol as both Delta-8 and Delta-9 are forms of tetrahydrocannabinols found naturally in the industrial hemp plant. Unlike other states which specified other psychoactive cannabinoids such as Delta-8 THC to be banned in their states, Minnesota did not specifically identify any other psychoactive cannabinoids other than Delta-9 THC, as it was prescribed in the federal 2018 Farm Bill.

With the Farm Bill, essentially all types of hemp-derived extract, trans tetrahydrocannabinol, hemp compound and even the raw hemp flower became federally legal, as long as the Delta-9 THC levels don't exceed the .3% threshold as measured on a dry weight basis. Therefore, any hemp derivative, including CBD, CBG, Delta 10, and Delta 8 became legal unless otherwise banned by individual state laws.

Additionally, since Minnesota permits medical marijuana in the state, there needed to be a distinction between cannabis and the purchase of hemp. The limits for hemp differs from that of products originating from cannabis material. The state's hemp plan helped to formulate the procedure to assess standard hemp and what constitutes a legal hemp product in Minnesota.

Though the chemical structure is similar, there's only one type of legal high which is federally legal -- Delta 8 THC -- and Minnesota is officially in the hemp market today.

Current Minnesota Delta-8 Legislation

Minnesota updated their hemp legislation in response to the 2018 Farm Bill to legalize the industrial hemp with a Delta-9 THC concentration below 0.3%. Since medical marijuana is allowed in the state, legislators needed to differentiate the laws as it concerns federally legal cannabinoids found in the industrial hemp plant. Article 151.72 of the 2020 Minnesota Statutes does that by defining the sale of cannabinoid products.

In 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS, it states:

"Hemp" has the meaning given to "industrial hemp"

This section applies to the sale of any product that contains nonintoxicating cannabinoids extracted from hemp other than food that is intended for human or animal consumption by any route of administration.

It defines intoxicating cannabinoids for testing as:

does not contain a delta-9 tetrahydrocannabinol concentration that exceeds the concentration permitted for industrial hemp...

The federal limit of Delta-9 THC is .3%, as stated in the 2018 Farm Bill. Though Delta-8 THC is also considered to some as an intoxicating cannabinoid, the State of Minnesota only regulates the Delta-9 THC portion.

In the 18K.02 Definitions portion of the 2020 Minnesota Statutes, it states following:

"Industrial hemp" means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant's seeds, and all the plant's derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Therefore, as we can only go by the law as it is written, Delta-8 THC remains legal in the state, as the state does not specify Delta-8 THC as a cannabinoid to regulate.

State legislators have met with criticism along the way with allowing all cannabinoids in the hemp plant to be legal in Minnesota. In fact, the Minnesota Board of Pharmacy advised legislators about the risk on January 14, 2019.

In "CBD from Industrial Hemp", among other things, the Minnesota Board of Pharmacy advised lawmakers:

Prohibit the sale of any product containing a cannabinoid other than CBD. Products containing CBG (the precursor to both CBD and THC) are already being marketed. Without this prohibition, there may be a proliferation of the sale of products containing any of the hundreds of cannabinoids found in the cannabis sativa plant.

While there has been research conducted involving CBD the vast majority of the other cannabinoids have not been well-researched. Allowing the sale of products containing other cannabinoids would place the public at risk.

Whether this advice fell on deaf ears or was strongly considered by lawmakers before their vote, we'll never know. The Minnesota's Board of Pharmacy report was also released in their April 2019 compliance newsletter monthly edition.

Minnesota Industrial Hemp Development Act

The Industrial Hemp Development Act program began shortly after the 2014 Farm Bill provided the opportunity for the state. In 2015, the Minnesota Industrial Hemp Development Act (IHDA) became state law. This provided the avenue for the state to pursue an industrial hemp pilot program.

In 2018, the state of Minnesota amended its Industrial Hemp Development Act to exclude hemp and derivatives containing less than 0.3% Delta-9-THC by weight from the Controlled Substances Act.

List of controlled substances

Tetrahydrocannabinols derived from hemp are listed as an exception to the list of controlled substances in the State.

In the Sec. 152.01 MN Statutes, it states

Subd. 5a.Hallucinogen. "Hallucinogen" means any hallucinogen listed in section 152.02, subdivision 2, paragraph (d), or Minnesota Rules, part 6800.4210, item C, except marijuana and Tetrahydrocannabinols.

Further, the definition of hemp excludes Industrial Hemp entirely:

Marijuana. "Marijuana" means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana does not include hemp...

Additionally, Minnesota laws classifies Delta-9-THC above 0.3% as a controlled substance, but hemp which has less than 0.3% Delta-9 THC is defined as legal hemp in this state.

Buying and Shipping Delta 8 in Minnesota

Since Delta 8 is legal in the State of Minnesota, residents can buy Delta 8 products with a shipping address located in the state. A Delta 8 THC product like a nano Delta 8 tincture or hemp flower bud can be possessed without a medical card, as long as the product does not exceed .3% Delta-9 THC.

Advocacy Groups in Minnesota Supporting Delta 8 and Hemp Laws

Minnesotans are continually supportive of Delta 8 and pushing progress towards better Hemp Laws in the state. Check out some of the standout organizations in Minnesota:

Hemp Advocate MN

Minnesota NORML

MN Cannabis Advocate Network

News stories covering raids or busts on Delta 8 Products and stores in Minnesota

3/1/2021

Minnesota's Hemp Acres is expanding to meet hemp product demand

2/24/2021

Minnesota based cooperative partners with market leader in hemp production

2/22/2021

Research shows that, genetically, high-CBD “hemp” plants are mostly marijuana

2/15/2021

Minnesota hemp industry still trying to catch fire