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Minnesota lawmakers OK 5mg of Delta 9 THC in edibles and drinks

Updated: May 27, 2022

Both CBD and hemp-derived THC will be allowed but restricted to 21+.

Minnesota will soon officially allow hemp with small amounts of THC in food and drinks. CBD edibles and beverages are also a go.

State lawmakers approved legislation May 22 allowing up to 5 milligrams hemp-derived THC per serving in food products and beverages, reports the Star Tribune.

CBD edibles and drinks also needed the official stamp of approval. Although widely available in gummies and other consumables, non-intoxicating cannabinoids have been the subject of legal uncertainty because they’re not yet approved or regulated by the federal Food and Drug Administration.

The law, set to take effect August 1, restricts the sale of all cannabinoid products to ages 21 and up — including non-intoxicating forms such as CBD.

How Much is 5 mg THC?

According to the cannabis education site Leafly, an edible with 5 mg THC is generally enough to notice mild to moderate effects.

Noting that everybody processes cannabis differently, the site lists the following as general guidelines: • 1-2.5 mg serving: A microdose with sub-perceptual effects

• 5 mg: Appropriate for recreational THC consumers

• 10 mg: For regular THC users with a tolerance

A Win for the Industry and for Consumers

Products containing CBD and hemp-derived THC, including delta-8 and delta-10 THC, are already sold in CBD and tobacco shops across Minnesota. But the new law will bring those products out of a regulatory gray zone, giving the industry both legitimacy and rules to follow.

"It's really good for retailers, because it provides [legal] certainty, and also for consumers, because you have safety mechanisms in place," cannabis attorney Susan Burns told the Tribune.

In addition to the age restrictions and 5-mg THC limit per serving, the law establishes the following:

  • 50 mg per-package limit on hemp-derived THC

  • Testing standards that ensure products contain no more than trace amounts of mold, heavy metals, pesticides, fertilizers or solvents

  • Requirements for child-safe packaging

  • Labeling standards to ensure cannabinoid content is clearly marked and the package doesn’t appeal to children

"It's a big win for the industry, and I believe we're doing it in a responsible way," Steven Brown, founder of the Minnesota Cannabis Association and co-founder of Nothing But Hemp, told the Tribune.

"It's a big win for the industry, and I believe we're doing it in a responsible way.”

— Steven Brown, founder of the Minnesota Cannabis Association and co-founder of Nothing But Hemp, as quoted in the Star Tribune

“This is going to allow us to make the products that people want,” Brown told MJBizDaily.

The legislation clarifies the state's position on hemp extracts including CBD after a 2021 appeals court ruling that suggested hemp-derived liquids might be deemed illegal if they contained even trace amounts of THC.

The new rules will, however, restrict smokable forms of hemp-derived THC such as delta-8 vapes. In products that aren’t food, the 0.3 percent limit on THC will be extended beyond delta-9 THC to any form of tetrahydrocannabinol.

“That will cause a major inventory shake-up at smoke shops accustomed to selling highly concentrated delta-8 products — a profitable and fast-growing market,” Brooks Johnson wrote for the Tribune.

A proposed measure to legalize cannabis for recreational adult-use did not advance through Minnesota’s GOP-controlled Senate this session, reports Marijuana Moment.

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