This article was written by Kight Law attorney Amber Lengacher. Kight Law represents hemp businesses in the US and throughout the world.
Update to Minnesota Hemp Licensing Blog
In our recent blog artice about Minnesota licensing, we outlined new restrictions for hemp businesses in Minnesota. Notably, we stated that on September 24, 2025, the state’s Office of Cannabis Management (OCM) representatives clarified that:
- The OCM does not license out-of-state businesses.
- Direct-to-consumer online sales are prohibited.
- Out-of-state manufacturers must work with a Minnesota-licensed cannabis or LPHE wholesaler to import products.
This is a major shift for out-of-state hemp companies that were once allowed to register under the older Section 151.72 framework.
This update is to confirm that online product shipping is prohibited (though licensed delivery remains allowed), and out-of-state companies can no longer apply for a license.
Since our earlier post about Minnesota, the OCM has clarified that the first position above stems from age-verification requirements and the prohibition against selling lower-potency hemp edibles (LPHEs) to visibly intoxicated individuals. By OCM interpretation, this makes the shipment of products purchased online unlawful since it is impossible to determine if someone is “visibly intoxicated” from afar.
At an OCM virtual meeting on October 8, 2025, officials confirmed shipping is banned and that LPHE applicants must have a physical location in Minnesota, with limited exceptions for delivery-only licensees. OCM also stated LPHE business owners cannot own any part of a cannabis business in Minnesota, as supported by statute. Many social equity applicants are still waiting for the next cannabis licensing lottery amid federal cannabis reform uncertainty, and they have tough decisions ahead. The LPHE application deadline is October 31, 2025.