Delta 8 THC Minnesota Legal Guide

Delta 8 THC Minnesota Legal Guide by Sneha Solanki at CBD Origin

Introduction

Delta-8 THC is a unique cannabinoid, mildly euphoric isomer of delta-9 THC, with a slight difference in chemical structure extracted from two varieties of cannabis Sativa plant, hemp, and marijuana, having varying levels of THC concentration, basically, the element that makes consumers “high” but has milder effect as compared to marijuana and CBD. 

Since its legalization, this compound has been rising in popularity and selling well, especially in the states where marijuana and CBD are illegal. The compound has been legalized with no age restriction in the majority of states, which makes it easily accessible to teenagers as well. 

If you are living in Minnesota and thinking to consume or sell delta 8 THC products or producing hemp crops, then you are in the right place. Since delta-8 is a new law, there is little information on it, but here we have tried to give you a comprehensive overview containing all the important pieces of information. So, Let’s get started. 

The Legislative History of Delta-8 THC

Delta-8 THC remains in a gray area, after being legalized in 2018 through the agricultural improvement act(Farm bill) 2018, where there is no reference to the compound name anywhere in the bill, and when the state Legislature revised their laws to be in compliance with federal law, they didn’t mention it either. Nevertheless, the bill has removed hemp from the definition of marijuana that earlier came under the list of CSA(Controlled substance act). Hemp is defined as cannabis and derivatives of cannabis with a concentration of 0.3% delta-9 THC. 

In the wake of this bill, many people interpret it to mean all products made through hemp and its derivatives are legal, irrespective of how they are made, from where the hemp has been sourced, and other conditions, resulting in a flood of delta-8 THC products both online and offline with varieties of delta-8 THC products. 

As per FDA, Delta 8 is one of 100 cannabinoids occurring naturally in very small amounts within cannabis Sativa. Because of the low natural abundance, producers started making it through isomerization, a process that involves turning CBD into delta-9 THC, and 72-hours later half of the original CBD material converts into delta-8 THC. 

After this process came into the limelight, a Drug enforcement agency in 2019 issued an interim rule stating that “synthetically derived cannabinoid” remains in the list of a controlled substances. However, there’s no definition of what this means and hence it doesn’t make any difference to the production or sale of delta 8 products. 

Is THC Delta-8 Legal in Minnesota?

Yes, Delta-8 THC is legal in Minnesota. The state had already a hemp pilot program enacted in 2014, named as a federal agricultural act of 2014, that has legalized the cultivation of industrial hemp for research purposes as mentioned in section 7606. The program was updated as chapter 18K labeled as industrial hemp development. 

As per Minnesota state law, industrial hemp is defined as the plant Cannabis sativa L. and any part of the plant, whether it is growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, salts, cannabinoids, isomers, acids and salts of isomers, regardless of growth, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. 

Delta 8 THC Legal Possession Limits in Minnesota?

Minnesota state laws have cleared its way for selling, possessing, and consuming hemp and hemp-derived products all over the state. However, they do have any specific laws related to possession limits. 

Where can I Buy Delta 8 THC in Minnesota?

You can readily find delta 8 products available online as well as offline. However, you should be very cautious when buying them, and make sure you are buying them from authorized sources. These products are even available on gas stations, vape stores, and dispensaries. As a young product, research on it is limited, and considering its lack of regulation, there’s a high probability that people get confused about the name and quantity of THC concentration. Hence, you need to check the documentation and labeling of the products before buying them. Some of the websites where you can find quality delta 8 products are binoid, harbor city hemp, hempire direct, delta effex, 3Chi. 

Do you Need a License to Grow and Process Industrial Hemp?

Yes, you need to obtain a license from the commissioner for growing and processing industrial hemp for research and commercial purpose. The process includes submitting an application form, along with the annual registration and inspection fee as per 16A.1285.sub division 2. Also, you need to provide the name, address, and legal coordinates of land areas where hemp will be grown and the name and address of the applicant. A background check will be performed for the first-timer applicant conducted by the bureau of criminal apprehension to check for criminal history in Minnesota records, the cost for the same will be incurred by the applicant. Further, the applicant must demonstrate compliance with all applicable federal requirements related to the production, distribution, processing, and sale of industrial hemp. 

After the process, the applicant will be issued the license that will valid till December 31 of the year of application.

What if Hemp Plants in the Field-tested Above the Acceptable 0.3 Percent THC Level?

As soon as you become a licensed grower in Minnesota, the respective authorities must be informed 30 days before the harvesting of the hemp crop, to check the concentration of THC. If the hemp tests show higher concentration, then the license holder has the option to either destroy the crop, remediate or request a retest. 

Is Marijuana Legal in Minnesota?

Medical marijuana was legalized in Minnesota in 2014 when the state passed the Minnesota medical cannabis act. The state only allows patients with a specific medical disease and those who have the state-issued medical card to obtain marijuana and marijuana-derived products like pills, tinctures, vaporizers, capsules, and so on. The horizon of use of delta-8 THC products was expanded in 2021 when the legislature approved the use of cannabis in flower form, instead of just hemp extracts. 

However, recreational marijuana is illegal, and anyone found in possession of it will be fined and punished for up to $200 if the possession is under 42.5 grams and a $ 5000 fine and 5 years in prison if the possession is greater than 42.5 grams.

What are Delta 8 Vape-related Laws?

Delta-8 offers a variety of products, and one of them is vape. As per the prevent all cigarette trafficking act(PACT Act), all vape product vendors need to verify the age of their customers before selling the product, and failing to do this constitutes a serious violation, which reflects that they are not trustworthy and poor business practices and doesn’t have quality vape products which can be harmful to use. 

How Old Do You Have to Be to Buy Delta THC in Minnesota?

State law is silent on this area, however, many retailers will ask you to confirm your age and they might sell you the product only if you are of at least 21 years of age. 

Do you Need a License to Sell Delta-8 in Minnesota?

No, you don’t need a license for this, however, you do need to meet the following requirements if you are the manufacturer:

You are required to submit samples of the products for testing to an independent laboratory to certify that products comply with the standard adopted by the board. The testing should adhere to the generally accepted industry standard for botanical and herbal substances.
The second requirement is related to the labeling of the products. Any delta 8 THC product must bear a label that contains the name, location, phone number, and website of the manufacturer name and address of the independent, accredited laboratory in which the products are tested and a statement of the amount or percentage of cannabinoids in each unit and a scannable bar code that is linked to manufacturer’s website. 

Facts About Delta-8 THC you Must Know

The FDA has received reports of adverse events related to delta-8 THC-containing products: FDA has warned at various time intervals about the increased case reported to national poison centers due to the consumption of delta-8 products. You can find the reason for this in the next point. 
Delta-8 THC products are not FDA approved: Yes, you read that right. Although this compound is legal, it is not required to be approved before being sold on the market.
There’s no cap on consumption on delta 8 THC: This product is available for consumption for people from all age groups. Because it has no consumption limit, it makes it vulnerable, especially to the younger generation, who are more likely to consume it.  
Delta-8 THC products often involve the use of potentially harmful chemicals to create the concentrations of delta-8 THC claimed in the marketplace 

FAQs

Question: Will I Fail a Drug Test Using Delta-8?

Answer: Yes, you’ll fail the drug test using delta-8. The prime reason for this is the lack of advanced laboratory, which can show the difference between delta-8 and delta-9 THC(both of which are illegal at federal and state levels). Furthermore, it will also depend on the type of test performed; for instance, a hair test will detect if you have consumed delta products in the past 90 days, while other tests can only detect recent consumption. 

Question: Can you Travel to Minnesota With Delta-8?

Yes. However, if you are traveling interstate, then please ensure that delta-8 is legal in that state, otherwise, you may get into trouble. Be sure to also pay attention to the type of packaging of the product and the documentation you carry in case of inquiries to save your time. Traveling by air? Check with your airline to see if it’s okay for the passengers to carry this compound, however, TSA has stated that their procedures are designed to detect threats to their passengers and aviation. 

Question: Is Delta 10 Legal in Minnesota?

Yes, delta-10 is legal unless it is made through legally compliant hemp and has a THC concentration of less than 0.3%. It is costlier as compared to delta 8 and delta 9 since it is younger than the other two compounds is difficult to produce in bulk and is grown by only a few people.

Question: Is Delta-8 THC Safe to Consume?

That is a subjective question, while adequate consumption can get desirable effects, an overdose of these products can lead to harmful results. Thus, we recommend that you use this product responsibly.

Question: What is the Future of Delta 8 THC in Minnesota?

It seems that there has been a lot of discussion going on related to delta 8 legalization in Minnesota. As per a statement by the state department of agriculture, delta 8 THC products are not approved for use in food and beverages in Minnesota and should not be sold there. However, the website maintains that it’s not illegal to sell delta 8 products in the state. 

According to the Minnesota Board of Pharmacy, delta-8 is illegal as it is indirectly derived from hemp instead of being extracted from it, and once it’s done it will be termed as an adulterated form of a hemp product, which makes it illegal.  In addition to this, the presence of THC, a psychoactive ingredient present in marijuana, makes it an intoxicating product as per the board. 

It’s therefore likely that delta-8 may once again be deemed illegal and added to the list of controlled substances.

Further readings:

Delta 8 THC Georgia Legal Guide

Delta 8 THC Florida Legal Guide

Delta 8 THC Alabama Legal Guide

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