Is Delta-8 THC Legal in Minnesota?

By | last updated December 20, 2021

Evidence Based 6

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Delta 8 is legal in Minnesota. Like in most states, it counts as a legal hemp-derived product.

Here’s a closer look at delta-8 THC legality in the Land of 10,000 Lakes.


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Minnesota Delta-8 THC Laws

Minnesota created a pilot hemp program all the way back in 2015 with the Minnesota Industrial Hemp Development Act (IHDA). 

Hemp and hemp-derived products are legal in Minnesota. According to chapter 18k of Minnesota’s Statutes:

“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. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.

2021 Minnesota Statutes

Hemp-derived delta 8 THC products fall under this definition, which makes them legal in Minnesota.

What is Delta-8 THC?

Tetrahydrocannabinol (THC) is the intoxicating component of cannabis. When talking about THC, most people are referring to delta-9, its most abundant natural form.

Delta 8 is a less common form of THC that’s only found in trace amounts in cannabis plants. Although it’s weaker, it has the same effects as delta 9 THC, including euphoria, sleepiness, and relaxation (1).

Why Delta-8 THC is Federally Legal

The 2018 Farm Bill made hemp products federally legal. But it also created a loophole by defining hemp as cannabis with no more than 0.3% delta 9 THC rather than all types of THC.

Thanks to this loophole, delta 8 made from hemp counts as a legal hemp product. Most of the delta 8 products on the market are made from CBD, the most abundant cannabinoid in hemp, through a chemical conversion process.

States Where Delta-8 THC is Illegal

Every state has the power to make its own laws for regulating delta 8 THC.

Delta-8 THC is currently illegal in 14 states: Alaska, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Minnesota

Delta 8 is legal in Minnesota. The only possible future change is that it might become regulated if the state legalizes adult-use cannabis.

If that happens, you’ll only be able to buy delta 8 products from licensed retailers. Support for cannabis legalization in Minnesota is growing but we’ll have to wait and see what happens.

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