OCM calls it “guidance.” The rest of us call it what it is — a bureaucratic bandaid that fixes nothing.
On October 10
, the Office of Cannabis Management (OCM)** releasedÂ
Guidance Memo GM-2025-03.10
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It was supposed to “minimize disruption” for hemp businesses during the transition to cannabis licensing.
Instead, it’s a bandaid on a bullet wound.
It doesn’t solve anything — it just stretches out the pain for small manufacturers, wholesalers, and breweries trying to survive.
The Real Issues
1. A 30-Day Panic Window
OCM gave hemp businesses just October 1–31 to reapply for new “Lower Potency Hemp Edible” (LPHE) licenses.
Thirty days to redo compliance paperwork, update packaging, and confirm Minnesota-licensed labs.
That’s not clarity — that’s chaos on a calendar.
2. The December 31 “Extension” Is Meaningless
OCM brags that giving manufacturers until December 31 to get licensed shows flexibility.
Let’s be honest — it’s not.
Two extra months doesn’t fix anything.
It doesn’t clear up the bottleneck, define “good standing,” or address the import backlog.
It’s not relief — it’s just a delayed disaster dressed as progress.
3. Labeling: A Costly Distraction
OCM now requires new universal and warning symbols on packaging.
The good news: you don’t have to retest or dump existing inventory that was made and tested under §151.72.
Current compliant stock can stay on shelves.
The bad news: anything made after December 31 must comply fully — new labeling, new testing, new hoops.
That’s more cost, more waste, and another moving target for small businesses.
So yes, you can sell what you already made — but good luck producing new batches without burning through cash.
4. The “Good Standing” Trap
OCM says you can operate while waiting for approval if you’re “in good standing.”
The memo never defines that phrase.
Is one late report disqualifying? A missing COA?
Nobody knows — which means OCM holds all the cards.
That’s not regulation — that’s roulette.
5. Out-of-State Brands = Review Purgatory
If you’re not from Minnesota or one of the four “approved” states (Hawaii, Kentucky, New York, Utah), you’re stuck waiting for OCM to review your “equivalency.”
And here’s the kicker: no timeline.
You can’t appeal silence. You just wait.
That means your Minnesota partners can’t import, shelves go empty, and OCM gets to say, “we’re still reviewing.”
It’s protectionism dressed up as safety.
6. Manufacturers and Breweries Get a Bandaid — Not a Lifeline
The memo buys time, but it doesn’t help.
Manufacturers now face crippling conversion costs to meet cannabis-level standards:
• new HVAC, security, and camera systems
• divided production lines
• Minnesota-only lab testing
• full packaging redesigns
For beverage co-packers and breweries that led the hemp-drink revolution, this is the nail in the coffin.
They made THC beverages safe and compliant before OCM even existed — and now they’re being priced out by their own state.
7. Legal Overreach
This memo acts like law — without the Legislature.
OCM skipped public rulemaking and dropped binding policies by “guidance.”
That’s unpromulgated rulemaking, and it’s illegal under Minnesota’s Administrative Procedure Act.
It’s government by memo, not statute.
8. The Fallout
• Small brands lose Q4 revenue
• Retailers face supply gaps
• Breweries drown in conversion costs
• Out-of-state partners wait endlessly
OCM gets headlines about “clarity.”
We get bankruptcy.
9. The Glenn Problem
And then there’s Glenn — who ran straight to the Star Tribune to call this memo a “win.”
A win for who, Glenn?
For you maybe — the OCM class pet, sitting in the front row smiling while the rest of us are buried in compliance paperwork.
Of course he’s happy — it’s easy to love a system that works for you.
Some of us don’t have a front-row seat at the regulator’s table.
What the Hemp Industry Actually Needs
• Extend §151.72 registrations through June 2026
• Approve licenses as they’re ready — not all on December 31
• Allow a 6–12 month labeling grace period
• Define “good standing” clearly
• Publish review timelines for out-of-state brands
• Accept ISO 17025 labs nationally — not just Minnesota ones
• Provide transition grants or phased compliance for breweries and co-packers
Final Thought
OCM didn’t build this market — Minnesota’s small businesses did.
We took the risks. We created jobs. We made safe, innovative products when no one else would.
This memo doesn’t fix our problems.
It just delays the pain and calls it progress.
It’s a bandaid for regulators and a bullet for manufacturers.
If this is what a “win” looks like, I’d hate to see what losing feels like.
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#MinnesotaHemp #OCM #HempIndustry #CannabisRegulation #SmallBusinessRights #Breweries #HempAdvocacy #StopTheMemo #MNLegislature #HempJustice
