Susan Burns: New Rules for Hemp-Derived Products in Minnesota: What You Need to Know

Minnesota’s recent amendments to the law that regulates the sale and use of hemp-derived products, such as edibles and beverages, contains some significant changes. These products contain cannabinoids, such as cannabidiol (CBD) and tetrahydrocannabinol (THC), that are extracted from hemp plants. The stated aim of the amendments is to protect consumers and ensure product quality and safety.


If you are a seller or a buyer of hemp products in Minnesota, you should be aware of the following key dates and requirements:


∙ As of May 31, 2023, only people who are 21 years old or older can buy hemp edibles.
∙ Retailers must keep these products behind the counter or in a locked case, except for beverages.
∙ Retailers must also check the buyers’ IDs before selling them.

∙ Also as of May 31, 2023, only hemp products that comply with Minnesota’s law may be sold in the state. This means that they must meet certain standards for cannabinoid content, THC level, testing, and labeling.

∙ By October 1, 2023, all sellers of hemp products must register with the state online. This includes retailers, liquor stores, manufacturers, and breweries that sell directly to consumers.


What Are the Product Standards for Hemp Products?

Hemp products that are intended for human consumption, such as edibles and beverages, must have a label that provides accurate information about the product:
∙ The name and contact details of the manufacturer and the laboratory that tested the product
∙ The batch number and the date of testing
∙ The amount of cannabinoids per serving and per package

Serving size is limited to 5 mg per serving and 50 mg per package, except for beverages. Beverages may only contain two servings, or a total of 10 mg per “package.”

Product labels must also include a warning statement that says: “Keep this product out of reach of children.”

Hemp products must be tested by an accredited laboratory in batches to ensure that they meet the requirements for cannabinoid content, THC level, and absence of harmful contaminants, such as pesticides, heavy metals, and solvents.

Hemp products must not be in the form of candy, animals, fruits, or other shapes that appeal to children. They must also be packaged in child-resistant containers.

Hemp products that are meant to be smoked or vaped are illegal in Minnesota, regardless of their cannabinoid content or source. This includes any substances extracted from hemp plants that do not cause intoxication.


How to Register as a Hemp Product Seller?

If you sell hemp products in Minnesota, you must register with the state by October 1, 2023. You can do this online through the Office of Medical Cannabis website. There is no fee for registration.


Registration is required for all sellers of hemp products, including:

∙ Retailers that sell hemp edibles or beverages
∙ Liquor stores that sell hemp beverages
∙ Manufacturers that sell hemp products directly to consumers
∙ Breweries that sell hemp beverages directly to consumers

By registering with the state, you agree to comply with the law and the rules regarding hemp products. You also agree to cooperate with inspections and audits by the state authorities.

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