- Medical Cannabis Home
- For Patients
- For Caregivers
- For Health Care Practitioners
- For Public Safety
- Laws and Rules
- Print Materials and Forms
- Registry Login/Create Account
- Petitions Process
- Data and Reports
- About the Medical Cannabis Program
Hemp-Derived Cannabinoid Products: Information for Businesses
Important dates for businesses selling hemp-derived cannabinoid products in Minnesota:
- May 31, 2023: Only people age 21 or older can purchase these products. Retailers must ensure all hemp-derived cannabinoid products are displayed behind a checkout counter where the general public is not permitted or in a locked case, with the exception of beverages.
- May 31, 2023: Only hemp-derived cannabinoid products that are compliant with the new law may be sold in Minnesota.
- Aug. 1, 2023: Registration opens for hemp-derived cannabinoid product sellers.
- On or before Oct. 1, 2023: All hemp-derived cannabinoid product sellers must register with the State of Minnesota.
Hemp-Derived Cannabinoid Product Compliance fact sheet
The Hemp-Derived Cannabinoid Product Compliance fact sheet (PDF) is a resource for retailers and others to assess compliance with regulations for the sale of hemp-derived cannabinoid products (edibles, beverages, and topicals) as described in Sec. 151.72 MN Statutes.
Guidance for food operators
The Hemp-Derived Edible Cannabinoid Products Guidance for Food Operators (PDF) was developed in partnership with the Minnesota Department of Agriculture to provide information for food business operators about producing safe and legal hemp-derived cannabinoid products (edibles, beverages and topicals).
Testing guidance for manufacturers
The Hemp-Derived Cannabinoid Product Testing Guidance (PDF) lists the analytes and their maximum allowable levels and the allowable potency variance when testing hemp-derived cannabinoid product (edibles, beverages, and topicals) in their final product form. The testing results are posted by the manufacturers on their websites. A web address or QR code along with a production batch number is printed on each package of hemp-derived edibles, beverages, and topicals. That web address or QR code provides the purchaser with the details of the test results by production batch.
Effective May 31, 2023, hemp-derived cannabinoid edible products or beverages may only be sold in the state of Minnesota to people age 21 or older. The retailer must verify the purchaser’s age through a valid state-issued driver’s license or identification card, Tribal identification card, passport, instructional permit, or Canadian driver’s license.
Effective May 31, 2023, retailers may only sell hemp-derived cannabinoid products in the form of an edible or a beverage for human consumption, or products that are for external use only and are labeled as such.
- If the hemp-derived cannabinoid product is intended to be consumed as a beverage, the container may not contain more than 2 servings and no more than 5 mg of delta-9 THC per serving or and 10 mg total THC.
- If the hemp-derived cannabinoid product is an edible, the package cannot contain more than 5 mg delta-8 or delta-9 THC per serving and 50 mg total THC.
- Each serving must be scored, wrapped, or another indicator which clearly distinguishes each serving.
- Edibles cannot contain synthetic cannabinoids or artificially derived cannabinoids (other than delta-8 or delta-9 THC).
- Edibles must be in a child-resistant, tamper-evident, and opaque package or container.
- Synthetic cannabinoids or other artificially derived cannabinoid (other than delta-8 or delta-9 THC) are prohibited. THC-P, THC-O, and HHC are prohibited.
- The product cannot contain any ingredient not approved by the U.S. Food and Drug Administration (FDA) for use in food.
- The product cannot be a commercially available candy or snack food item where CBD or hemp THC has been applied to or added.
- The product must not be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than a hemp-derived cannabinoid edible product.
- The product cannot be contaminated or have more than trace amounts of mold, residual solvents or other catalysts from processing, pesticides, fertilizers, or heavy metals.
Non-food products applied externally to the body, such as a cream or ointment, and contains hemp-derived cannabinoids may be sold in Minnesota and must be labeled as such.
Products containing nonintoxicating cannabinoids intended to be smoked or vaped are not allowed in Minnesota. Nonintoxicating cannabinoid means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration.
Testing of hemp-derived cannabinoid products must be consistent with generally accepted industry standards for herbal and botanical substances. The products must be tested in a batch and the batch number must be included on the package label.
At minimum, the testing must confirm the product:
- Contains the same amount or percentage of cannabinoids as stated on the product label.
- Does not contain more than trace amounts of mold, residual solvents or catalysts from processing, pesticides, fertilizers, or heavy metals.
- Does not contain more than 0.3% THC.
Manufacturers may use more than one laboratory to complete the required testing. The Office of Medical Cannabis recommends testing be performed in an ISO 17025:2017 accredited laboratory.
Packaging and labeling
Hemp-derived cannabinoid edible products must be pre-packaged in a package or container that is child-resistant, tamper-evident, and opaque at the final point of sale to the customer. This requirement does not apply to beverages.
At minimum, the package label must include:
- The name, location, contact phone number and website of the product manufacturer
- The batch number
- The name and address of the independent, accredited laboratory used by the manufacturer to test the product
- An accurate statement of the amount or percentage of cannabinoids found in each unit of product meant to be consumed
The label must also include a statement stating the product does not claim to diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United States Food and Drug Administration (FDA), unless the product has been so approved.
The package containing hemp-derived edibles or a beverage container must include:
- The serving size
- The cannabinoid profile per serving and in total
- A list of ingredients, including identification of any major food allergens declared by name, and
- The following statement: “Keep this product of out of reach of children”
Product shape, marketing, and claims
Hemp-derived cannabinoid edible products must not be in a shape that bears the likeness or contain cartoon-like characteristics of real or fictional person, animal, or fruit which appeals to children.
Furthermore, all hemp-derived cannabinoid products, including CBD products, cannot be marketed to children nor can the labels or advertising make any health claims unless those specific claims have been approved by the U.S. Food and Drug Administration (FDA). Hemp-derived THC and CBD products cannot be advertised or marketed as a cure, mitigation, treatment, diagnosis, or prevention of a disease, or that it may be used to alter the structure or function of the body.
The new law in Minnesota requires any business that sells hemp-derived cannabinoid products directly to consumers register with the State of Minnesota by Oct. 1, 2023. This includes establishments that sell THC beverages as well as out-of-state businesses that sell online to Minnesota customers. Go to the online registration form. There is no charge to register. A separate licensing process will be available in the future and will be announced when it is available.