Is CBD Oil Legal in Minnesota? - April 2024

Is CBD Legal in Minnesota?

The legality of hemp-based CBD products only applies to a federal degree in Minnesota. Historically, hemp, marijuana, and all other cannabis varieties were categorized as Schedule I drugs by the 1970 Federal Controlled Substances Act⁽⁵⁾.

The law defined Schedule I narcotics as drugs, substances, or chemicals that have no accepted medical use in treatment in the US, have a high potential for abuse, and lack any accepted safety for their usage under medical supervision.

At the federal level, Minnesota law mainly targeted marijuana, although cannabis as a whole was affected. Later on, Congress found ways to remove cannabis from the Schedule I list.

Congress legalized hemp cultivation through the Hemp Farming Act of 2018⁽⁶⁾. This law separated hemp from marijuana, defining the former as cannabis with less than 0.3% THC concentration by weight, while the latter has more than the specified amount.

With redefinitions, CBD derived from hemp plants was removed from Schedule I. Still, marijuana-derived CBD remained federally illegal due to the high concentration of psychoactive properties.

Currently, hemp cultivators may produce and sell the agricultural commodity under specified federal conditions, which Congress has yet to finalize.

Further, the 2018 Farm Bill, signed by former president Trump, permitted the US Food and Drug Administration (FDA) to regulate CBD’s circulation in stores.

Although the FDA continues to reevaluate their stance on CBD products, companies cannot market CBD products as dietary supplements or make any claims, whether therapeutic for health benefits⁽⁷⁾.

The FDA has previously issued letters that warned companies making unproven claims about CBD as treatments for medical conditions⁽⁸⁾. 

Businesses in the CBD industry now include disclaimers on their websites, clarifying that CBD is not medicine.

Minnesota CBD Laws

In 2014, Gov. Mark Dayton signed a medical marijuana bill for legal standard treatment of some medical conditions, including childhood epilepsy⁽⁹⁾.

The bill’s passage made Minnesota the 22nd US State with a medical marijuana program.

Later on, the 2018 Farm Bill’s passage affirmed CBD products’ legality with less than 0.3% THC content by weight and distributed through licensed vendors only.

Still, consumers must be cautious when purchasing CBD products. The Minnesota Board of Pharmacy still needs to regulate the specific labeling and testing of cannabis products.

The Minnesota Board of Pharmacy regulates CBD legislation while patterning its laws with FDA prohibitions. Companies are prohibited from making therapeutic claims, or marketing and selling CBD products as cures or treatments for diseases.

The following laws discuss the legalization of CBD in the state of Minnesota:

Industrial Hemp Development Act (IHDA)

The Minnesota IHDA is Chapter 18K of the Minnesota Statutes. This law allowed the Minnesota Department of Agriculture (MDA) to launch an Industrial Hemp Pilot Program.

The 2019 Minnesota Statutes defines industrial hemp as all parts of a Cannabis sativa L. plant, including its derivatives and extracts, that do not exceed 0.3% THC content on a dry weight basis⁽¹⁰⁾.

The approval from the United States Department of Agriculture (USDA) allowed the MDA Hemp Pilot Program to take effect in January 2021⁽¹¹⁾.

Minnesota Medical Cannabis Program

The Minnesota Department of Health formed the Office of Medical Cannabis in 2014 to enact new medical cannabis laws⁽¹²⁾.

This program allows individuals to register as medical cannabis patients who may purchase and possess cannabis-derived CBD at a physician’s recommendation.

Licensing Requirements

Individuals seeking licensure for starting their own CBD business or personal CBD regimen must apply to the Minnesota Hemp Program⁽¹³⁾. 

First-time⁽¹⁴⁾ and returning⁽¹⁵⁾ applicants must submit applications and pay the corresponding application or renewal fees.

Item	Fee
Grower License	$150
Each Grow Location	$250
Each Additional Inspection for THC Testing Beyond First Harvest	$250
Each Additional Sample for THC Testing Beyond First Sample	$125
License Change Fee	$50
Processor License	$250

More information is available at the official MDA Hemp Program website:

https://www.mda.state.mn.us/plants/hemp 

Testing Requirements

Licensed hemp growers in Minnesota must submit plant samples to MDA inspectors for THC testing within 30 days of harvest⁽¹⁶⁾.

Buying CBD Legally

There are some critical considerations before buying CBD oil in Minnesota. Customers must beware of products that overuse marketing terms like “100% organic” or “pure CBD oil” without definitive proof.

Customers must check a CBD brand’s background before purchasing its products. A responsible brand includes the certificate of analysis (COA) of its products on its website.

COAs contain comprehensive lab results to confirm CBD products’ potency. These results include the cannabinoid and terpene profiles for consumers to determine the exact amount of CBD present and compare it with what is indicated on the label.

Most laboratory results also include contaminant profiles that detail whether a brand’s CBD product is free from harmful contaminants, such as pesticides, heavy metals, or residual solvents.

Consumers should also check whether a product’s label and packaging provide the following details:

• Amount of CBD per serving
• Net weight
• Manufacturer’s name
• Batch number or code
• List of ingredients
• Suggested usage
• Type of CBD

How to Decide Which CBD Products to Buy

Apart from traditional oil tinctures, companies infuse CBD in topicals, edibles, capsules, and gummies.

Reliable brands include comprehensive backgrounds about their products, helping consumers determine the best CBD product for them.

For example, a brand that offers CBD-infused topicals may recommend lotions or salves to relieve chronic pain among individuals who engage in heavy physical activity.

Consumers looking for CBD stores in Minnesota may also browse the listings of the Better Business Bureau (BBB).

BBB gathers consumer reports and reviews on various businesses and only accredits credible entities⁽¹⁷⁾.

Where to Buy CBD Products Legally

Customers can typically purchase high-quality CBD products from health and wellness retailers.

Some Minnesota pharmacies sell CBD products that meet state law requirements on labeling and testing.

The only BBB-accredited CBD store in Minnesota is:

• Stigma, LLC
  Minneapolis, MN
  Phone: (612) 328-9966

Meanwhile, other high rating CBD stores in Minnesota listed on the BBB website include⁽¹⁸⁾:

• Vapor Bunker
  Robbinsdale, MN
  Phone: (763) 535-6611

• Masterpiece Vapors
  Detroit Lakes, MN
  Phone: (218) 844-2012

• Sarah’s Tobacco Inc
  Columbia Hts, MN
  Phone: (763) 788-2700

CBD Possession Limits

Minnesotan customers can legally possess unlimited amounts of hemp-derived CBD products, unlike eligible medical marijuana patients, who may have only a 30-day supply of cannabis-derived products.

For controlled substance offenses under the 2019 Minnesota Statutes, non-eligible individuals may pay fines for possessing a small amount (less than 42.5g⁽¹⁹⁾) of cannabis-derived products⁽²⁰⁾.

Offenders may also be subject to taking drug education programs.

Understanding CBD

What Is CBD?

CBD is a non-psychoactive cannabinoid or compound found within cannabis plants.

Most CBD products sold in stores are derived from hemp plants rather than from marijuana plants.

CBD is more abundant in hemp plants than marijuana, which explains why companies typically source the CBD for their products from industrial hemp.

Companies manufacture hemp extracts in different product forms. Available CBD products include tincture oils, topicals, gummies, capsules, and vape juices.

Several types of research have examined the potential benefits of CBD, including anti-anxiety⁽²¹⁾, anti-inflammatory⁽²²⁾, anti-epilepsy⁽²³⁾, and analgesic properties⁽²⁴⁾. Still, CBD products are not medicine.

Are There Differences Between Hemp and Marijuana?

Although both hemp and marijuana are varieties of Cannabis sativa plants, their differences lie in their cannabinoid contents.

Hemp contains more CBD than marijuana. CBD is non-psychoactive, while THC is psychoactive. Thus, using or consuming products rich in THC can cause users to “get high.”

THC is more abundant in marijuana plants than it is in hemp plants, which explains why marijuana-based products are federally illegal to possess and process.

What Are the Different Types of CBD?

Full-spectrum CBD contains all of the hemp plant’s naturally-occurring cannabinoids, including trace amounts of THC.

Broad-spectrum CBD contains most of the naturally-occurring cannabinoids within the hemp plant, except THC.

CBD isolate only contains CBD after the hemp plant undergoes extraction methods to strip the plant of most of its naturally-occurring cannabinoids.

What Is the Difference Between CBD Oil and Medical Marijuana?

CBD oil is hemp-derived and has a THC content of less than 0.3%, while medical marijuana may exceed that limit.

Consumers also do not need a medical marijuana card to purchase CBD oil.

Through the Minnesota Medical Cannabis Program, qualified patients may enroll in a patient registry to obtain medical cannabis from one of eight dispensaries in the state⁽²⁵⁾.

Conclusion

Like in all 50 United States, Minnesotan consumers can legally purchase CBD products that meet the conditions described in the 2018 Farm Bill.

The standard condition for a CBD product’s legal status is that it should only have trace amounts of THC, specifically less than 0.3% THC on a dry weight basis.

Consumers must remember that CBD products are not cure-all medicines and have no FDA-approved medical benefits.

Despite the many studies that link the use of CBD to the treatment of several health benefits, first time CBD users would be wise to seek professional medical advice from doctors or physicians with cannabis experience.

*The information shared in this article was based on findings retrieved on November 19, 2020. The legality and regulations for CBD may change without notice.

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