Hemp-Derived Cannabinoid Products: Frequently Asked Questions

The law requires sellers of hemp-derived cannabinoid products to register with the State of Minnesota before they sell any product. There is no cost to register. Go to the Hemp-Derived Cannabinoid Products Business Registration Form.

A separate licensing process will be implemented and enforced under the authority of the Office of Cannabis Management.

The law requires sellers of hemp-derived cannabinoid products, including CBD products, to register before they sell any product. There is no cost to register. Go to the Hemp-Derived Cannabinoid Products Business Registration Form.

A separate licensing process will be implemented and enforced under the authority of the Office of Cannabis Management.

Licensed liquor stores can sell edibles or beverages containing hemp-derived cannabinoids, including CBD and THC. Liquor stores are subject to the same registration, licensing, and product compliance requirements as other retail establishments.

As of May 31, 2023, retailers may only sell hemp-derived cannabinoid products in the form of an edible or a beverage for human or animal consumption, or products that are labeled for external use only. A fact sheet is available for retailers that provides information on compliant products. Go to the Hemp-Derived Cannabinoid Product Compliance Fact Sheet (PDF).

Products must not be substantively similar to a meat food product; poultry or dairy food product. 

“Industrial hemp” is regulated under Minnesota Statutes chapter 18K, which is enforced by the Minnesota Department of Agriculture. “A person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant to [chapter 18K] or lawfully grown in another state.” See Minnesota Statutes 18K.03, Subd. 1.

More information is available at MDA's Hemp Program webpage.

No product intended to be consumed by combustion or vaporization may be sold if it contains any nonintoxicating cannabinoid (including THC derived from hemp plants that contain 0.3% or less THC dry weight). In addition, products derived from hemp that contain more than 0.3% are considered non-compliant products. Any product derived from plants containing more than 0.3% THC dry weight, not legal hemp, is considered cannabis by Minnesota Statutes 342.01, Subd. 19, and is illegal for sale until licensing by the Office of Cannabis Management is in place.

If the FDA has approved the health benefit claim, then the product can be labeled as such and sold accordingly. If the FDA has not approved the claim, the product cannot be sold as a product offering a health benefit, including 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.

Manufacturers are not required to register at this time, unless they are intending to sell hemp-derived cannabinoid products directly to consumers including purchases made online.

Edible cannabinoid products must not be in a shape that bears the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children, or that is modeled after a brand of products primarily consumed by or marketed to children.

Under Minnesota Statutes 151.72, Subd. 3(d), “[n]o 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.”

Testing of hemp-derived cannabinoid products must comply with the requirements contained at subdivision 4 of Minnesota Statutes, section 151.72.

At minimum, the testing must confirm the product:

• Meet the maximum allowable levels and the allowable potency variance when testing the end product. Please refer to the Hemp-Derived Cannabinoid Product Testing Guidance (PDF).
• 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.

Information regarding packaging and labeling can be found at the Hemp-Derived Cannabinoid Product Compliance Fact Sheet (PDF).

The new law only applies to cannabinoids derived from hemp. For more information, go to the Minnesota Department of Agriculture’s Hemp Program webpage.

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