Minnesota – Rules & Regs Updates On Hemp, Cannabis & Cannabis Advertising

Source: The Pre Roll Newsletter

The legislature passed into law significant and sorely needed reforms to the state’s hemp laws, including legalization of up to 5mg of hemp-derived THC in food and beverage products!

Let this be a lesson that, when it comes to the legislature, it’s never over until it’s over.

Two major factors to successful passage of this legislation were

(a) a table of skilled and experienced lobbyists representing both industry and advocacy who masterfully worked with legislators and

(b) a number of local hemp businesses who in recent weeks invited their legislators to visit their business and hear directly from them why they need the change in law. A well earned kudos, thanks, and congratulations to all who helped make this happen! Are the new laws perfect? No. Are they better than the status quo? Yes. Do they grease the runway for more reforms down the line? Definitely.

Now, here’s a rundown of the reforms that passed (here’s the relevant statutory language for any masochists):

Regulatory authority for edible cannabinoid products shifts from the Department of Agriculture to the Board of Pharmacy.
Cannabinoid products, including edible cannabinoid products, may be sold as long as they don’t contain more than 0.3% of any tetrahydrocannabinol. Edible cannabinoid products must also not contain more than 5mg of any tetrahydrocannabinol in a single serving or more than a total of 50mg per package. Products that exceed these limits are considered adulterated drugs.
Cannabinoid products satisfying those conditions are not controlled substances.
Cannabinoid- or tetrahydrocannabinol-containing products can only be sold to consumers 21+ years of age.
At the request of the Board of Pharma, cannabinoid product manufacturers must provide testing results that confirm the product doesn’t contain more than trace amounts of mold, residual solvents, pesticides, fertilizers, or heavy metals and does not contain more than 0.3% of any tetrahydrocannabinol. Testing results or a certificate of analysis for the hemp from which the cannabinoid was derived is not adequate to meet this testing requirement.
Edible cannabinoid product:
- Must NOT look like cartoons, animals, or fruit that appeal to children or be modeled after product brands primarily marketed to children;
- Must NOT be made by adding extracted cannabinoids to commercially available candy or snack foods;
- Must NOT contain other ingredients not approved by the FDA for use in food;
- Must be packaged in a way that could mislead consumers about its cannabinoid content;
- Must be packaged in child-resistant packaging unless intended to be a beverage;
- Must be scored or wrapped to indicate individual serving size;