2021 Update:
No new updates have been made on hemp and cbd laws in Minnesota
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Minnesota Hemp Laws and the legality of CBD in Minnesota, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Minnesota
Is Full Spectrum CBD Legal in Minnesota?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Most CBD products can be bought and sold in Minnesota as long as they comply with the state's strict requirements that the total amount of THC and THCA are less than 0.3%. CBD and hemp products must also meet the state's labeling requirements.
Is It Legal to Ship PCR Hemp Oil to Minnesota?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Minnesota?
If you are looking to buy CBD in Minnesota, you can do so at a CBD store, tobaccor or novelty shop, or order it online and get it delivered.
Do you need a special license to purchase PCR Hemp Oil in Minnesota?
You don’t need a special license to purchase CBD hemp oil (all types) in Minnesota, only to grow, test, or sell products.
How Does Minnesota Legally Define Hemp?
'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.
Minnesota Statue 18K, Section 2
Growing and Selling Hemp in Minnesota
Minnesota hemp growers and handlers must be registered and licensed with the state. Minnesota has had a long-standing but small hemp pilot program for some time. Minnesota hemp laws include Minnesota Statute 18K, SB-12
CBD Laws in Minnesota
Effective January 1, 2020, products containing CBD derived from hemp can be legally sold under Minnesota state law only if all the conditions outlined in M.S. 151.72 are met. The MN Board of Pharmacy oversees drug regulation in Minnesota. Please visit the Board's website for more information.
Minnesota Department of Agriculture. FAQ.
Retail Hemp and CBD products must comply with Minnesota hemp laws, specifically M.S. 151.72. In addition to Minnesota CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- The THC must be reported as “total THC”
- Minnesota statutes and the Food and Drug Administration (FDA) dictate that CBD cannot be added to or sold as food
Minnesota state hemp laws allow for many CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
The FDA has granted GRAS (generally recognized as safe) status for commonly sold hemp seed-derived food ingredients. These include three types of hemp products: hulled hemp seed, hemp seed protein powder, and hemp seed oil. Since these products derived from the hemp seed contain only trace amounts of THC and CBD, which is why the FDA allows their sale.
Minnesota CBD Labeling Requirements
Subd. 5. of M.S. 151.72 requires CBD product produced and sold in Minnesota to meet strict labeling requirements. These include:
- Name, location, contact phone number, and website of the manufacturer of the product
- 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 the product meant to be consumed; and
- A statement stating that this 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 information required to be on the label must be prominently and conspicuously placed and in terms that can be easily read and understood by the consumer.
- The label must not contain any claim that the product may be used or is effective for the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function of human or animal bodies unless the claim has been approved by the FDA.
Hot Hemp in Minnesota
Hot hemp is hemp that contains more than the 0.3% THC limit. Minnesota is particularly concerned with THC levels and requires rigorous testing.
The Minnesota Department of Agriculture advises growers to test their fields “weekly” when the fields are flowering in late September and early October, and the field must be tested in a 30-day window before the harvest.
Belz, A. Hemp rules give Minnesota farmers little room for error with law enforcement. The Star Tribune.
Hemp farming has not 'boomed' in Minnesota like in other states. These stringent and unforgiving THC testing requirements make it a more difficult state for hemp growers. There is also a large lack of hemp processing facilities, so farmers often have to send their crops all the way to Colorado to get the CBD extracted.
