Are Delta 8 Edibles and Drinks Legal in Minnesota?
In short, yes. This has been passed by both houses of the legislature and signed into law by Governor Walz. Apparently, some may not have been particularly aware that the legislation they agreed to was a fundamental shift in Minnesota. However, it idid bring Minnesota more in line with the 2018 Federal Farm Bill.
Let’s Look at Some History
In 2018, the Federal Farm Bill legalized hemp cultivation. What they left out of the bill was the question of hemp extracts including cannabidiol (CBD). This loophole created a hole the size of a Mack truck and the hemp derived THC industry juggernaut shot into overdrive. A Federal Court of Appeals decision even cemented that concept into place.
“This loophole created a hole the size of a Mack truck and the hemp derived THC industry juggernaut shot into overdrive.”
According Deeral Court of Appeals Judge D. Michael Fisher, “If . . . Congress inadvertently created a loophole legalizing vaping products containing delta 8 THC, then it is for Congress to fix its mistake.” To date, Congress has done nothing to address the issue so, as of today, delta 8 THC is going full force in Minnesota.
Where are we Today in Minnesota?
Now, Minnesota has decided to step into the fray and to put their own stamp on Delta 8 THC. What was once apparently inadvertent at the Federal level has now become purposeful at the State level. So, thanks to the Minnesota State Legislature and Governor Walz, that has changed. Now, hemp derived THC in concentrations of up to 5 milligrams per serving and 50 mg per package are allowed in edibles and drinks in Minnesota. Of course, both will require very specific labeling. That being said, the new legislation does appear to crack down on vaped Delta 8 THC. The new legislation limit of .03% limit on THC now includes all tetrahydrocannabinol products. This is now the law of the land.
“Of course, the change will likely not stop officers from using the justification that they smell marijuana to stop, frisk, search both people and cars. They will continue to make this justification even if what people are doing it completely and utterly legal.”
If you have a problem with the police and stopping and harassing, make sure you sit down with an experienced Minnesota Drug attorney. The can tell you about your rights and how you can fight charges.
Jack Rice is a Board Certified Criminal Law Specialist, former prosecutor, former U.S. Federal Officer and Founder of Jack Rice Defense. If you are facing serious drug charges in Minnesota, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.