Is Delta-8 THC Legal in Minnesota?

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Although delta-8 THC is not illegal in Minnesota, the state passed a June 2022 bill that places severe limitations on the THC content of hemp-derived products. Here’s a closer look at delta-8 THC legality in the Land of 10,000 Lakes.

Summary

Delta-8 THC products in Minnesota can only contain up to 5 mg of THC per serving and 50 mg per package, and can’t be sold to anyone under 21. But it’s not clear whether these rules apply to out-of-state businesses; you may still be able to buy delta 8 products online and ship them to Minnesota.

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Minnesota Delta-8 THC Laws

Minnesota created a pilot hemp program 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

But in June 2022, Minnesota governor Tim Walz signed off on HF 4065, which makes some important regulatory changes to hemp products:

• Hemp products can contain no more than 0.3% of any tetrahydrocannabinol, which effectively makes any hemp-derived delta-8 THC product over that amount illegal
• Limiting intoxicating hemp edible products to 5 mg of hemp-derived THC per serving and 50 mg total per package
• Hemp products can only be purchased by people over 21

We added the relevant parts of the bill below:

Sale of cannabinoids derived from hemp. (a) Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met, provided that a product sold for human or animal consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f).

5a, (f) An edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package.

No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21

HF4065

So even though delta-8 THC is not strictly banned in Minnesota, these limitations effectively prevent the sale of everything except very low-potency delta-8 products. The bill takes effect on July 1, 2022.

Having said that, the law doesn’t make it clear if these restrictions apply to out-of-state delta 8 vendors. It’s possible that you may still be able to buy delta 8 online and ship it to your doorstep 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 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Minnesota

The THC content of delta-8 products in Minnesota is restricted, effectively making delta-8 illegal in the state. But it’s possible that this rule doesn’t apply to out-of-state delta 8 vendors.

The only possible change we might see is that delta 8 could be treated like marijuana if the state legalizes adult-use cannabis.

If that happens, you’ll 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.