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Answers to questions about Minnesota’s new THC edibles law

September 2022 employment law letter
Authors: 
Penelope J. Phillips, Felhaber Larson

Confused about the new Minnesota edibles law? So are we. Joking, kind of. To help clear up any confusion, here are some answers to frequently asked questions about the new statute.

Background

In January 2020, Minnesota legalized “industrial hemp” and CBD products, provided they contained less than 0.3% of delta-9 tetrahydrocannabinol (THC). Because the Minnesota statute expressly referenced “delta-9,” it was unclear whether the legal threshold applied to other THC analogs, such as delta-8 and delta-10. Recently, Minnesota amended its law to apply the 0.3% THC limit to all forms of hemp-derived THC, so it now includes delta-8 as well as delta-9.

FAQs on the new law

What’s this new law all about? Effective July 1, 2022, the updated Minnesota law allows small amounts of hemp-derived THC (either delta-8 or delta-9) products in food and beverages. How much THC? A product can’t have more than 0.3% of any hemp-derived THC, and it can’t contain more than 5 mg of THC per serving or 50 mg per package.

Does this law make recreational marijuana usage legal? No, it doesn’t. This law permits the use of THC that’s derived from hemp, not the marijuana plant. This means that smoking or ingesting traditional marijuana is still illegal. 

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