Minnesota’s New THC Law Implications

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In a twist that has spawned memes and jokes on social media, and scorn for politician’s that don’t read or understand the full extent of the bills they are passing, the Minnesota senate recently approved an amendment in the Health and Human Services Bill that would be “exempting cannabinoids derived from hemp from Schedule 1 of the controlled substances schedule.”

This means that specifically edibles, as long as they are < 5mg of hemp-derived THC (in a childproof package, not more than 50mg of total THC) are legal now in Michigan.

The language in the bill was fairly broad, and some legislators opposed to legalizing cannabis did not realize the passage of this bill.

Initially, the purpose of the amendment was to bring greater regulation to the largely unregulated Delta-8 THC market. Delta 8 THC, sometimes referred to as “Diet Weed” is a hemp-derived cannabinoid similar to the Delta 9 THC most people who have ever gotten high are familiar with that, due to language in the 2018 Farm Bill is technically legal, and entirely unregulated.

According The Washington Post, state Representative Health Edelson said:

Our goal was to close a legal loophole around the sale of products, ban the products from being manufactured to target youth, and create a model that would allow for limited amounts of THC in a legal way. It was clear from our work on this legislation that adult Minnesotans were already purchasing and consuming these products; our goal was to add more consumer protections.

The implications of this surprise legalization should have Delta 8 companies paying attention to the tighter regulation of Delta-8 THC (the initial target of this amendment).

As of Friday July 1st, ANY form of THC product will need to adhere to stricter guidance:

  • Products must be clearly labeled with total THC, dosage per gummy
  • A single serving (gummy) must be less than 5mg of THC total (you cannot have 5mg Delta 8 and 5mg Delta 9, etc.
  • Products can only be sold to persons 21+
  • Edibles must be in a child-proof, tamper evident package.
  • Package must say “keep out of reach of children.”

Here’s how it went down:

Elisabeth Klarqvist: …these sections establish requirements for products that contain cannabinoids that are arrived from hemp, and the amendment inserts language exempting cannabinoids derrived from hemp from schedule 1 of the controlled substances schedule, and delete amendments relating to the house initiative to reschedule cannabis.

Rep Tina Liebling: So Mr. Chair, first I would move the S 4410 A-92 amendment

State Senator Jim Abeler: All in favor say ‘aye.’

(people say aye)

Senator Jim Abeler: it’s adopted.

Rep Tina Liebling: And then I would move the House Article 22 section 1, 3-9, and 11 as amended.

Senator Jim Abeler …that doesn’t legalize marijuana, we didn’t just do that.

Rep Tina Liebling: Oh, are you kidding? Of course you have! Just kidding. We’ll do that next, okay?

Too late, Ms. Liebling. It has happened!

You can watch the exchange here:

The unexpected legalization of THC products derived from “legally certified hemp,” in the form of edibles with less than 5mg of THC per serving, has led to some serious questions that need to be answered, such as:

  • Who will regulate these products? (The Board of Pharmacy)
  • Are they really prepared for this onslaught of regulation needs, such as packaging, potency, etc.? (No, they are not).
  • Who can produce these products? (Currently: anyone).
  • Is there a lab that can currently test potency and the presence of harmful ingredients? (Also no).

Reactions Across Social Media

People across Twitter blasted the “accidental” way THC edibles became legal in a state with a strongly anti-cannabis republican-controlled government in charge. Here are some of our favorites:

[Image source: Wikipedia]

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Ed is a writer and marketer who has been involved with the cannabis industry since 2017. He is particularly passionate about helping small businesses succeed in the increasingly corporate-takeover environment of the cannabis industry, as well as helping people get started working with cannabis.

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