Minnesota Statutes Chapter 151.72 requires sellers of hemp-derived cannabinoid products to register with the State of Minnesota before they sell any product. There is no cost to register. Go to the Hemp-Derived Cannabinoid Products Business Registration Form.
A separate licensing process will be implemented and enforced under Chapter 342 once rules are adopted in 2025.
The law requires sellers of hemp-derived cannabinoid products, including CBD products, to register before they sell any product. There is no cost to register. Go to the Hemp-Derived Cannabinoid Products Business Registration Form.
A separate licensing process will be implemented and enforced under the authority of the Office of Cannabis Management.
Manufacturers are not required to register at this time, unless they are intending to sell hemp-derived cannabinoid products directly to consumers including purchases made online.
The keg itself is not being offered for sale directly to consumers so it would not be held to the same potency limit and labeling standards. The keg should be labelled “Not for Sale to Consumers” to clearly demonstrate that it is a wholesale product and not available directly to consumers.
Licensed liquor stores can sell edibles or beverages containing hemp-derived cannabinoids, including CBD and THC. Liquor stores are subject to the same registration, licensing, and product compliance requirements as other retail establishments.
As of May 31, 2023, retailers may only sell hemp-derived cannabinoid products in the form of an edible or a beverage for human or animal consumption, or products that are labeled for external use only. A fact sheet is available for retailers that provides information on compliant products. Go to the Hemp-Derived Cannabinoid Product Compliance Fact Sheet (PDF).
Products must not be substantively similar to a meat food product; poultry or dairy food product.
“Industrial hemp” is regulated under Minnesota Statutes chapter 18K, which is enforced by the Minnesota Department of Agriculture. “A person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant to [chapter 18K] or lawfully grown in another state.” See Minnesota Statutes 18K.03, Subd. 1.
More information is available at MDA's Hemp Program webpage.
No product intended to be consumed by combustion or vaporization may be sold if it contains any nonintoxicating cannabinoid (including THC derived from hemp plants that contain 0.3% or less THC dry weight). In addition, products derived from hemp that contain more than 0.3% are considered non-compliant products. Any product derived from plants containing more than 0.3% THC dry weight, not legal hemp, is considered cannabis by Minnesota Statutes 342.01, Subd. 19, and is illegal for sale until licensing by the Office of Cannabis Management is in place.
Tinctures containing delta-8 or delta-9 THC combined with food ingredients are permitted as long as they do not exceed 10 servings and 50 mg THC per container, and are sold with a calibrated dropper that indicates the serving size. Cannabinoids may not be sold in combination with alcohol.
Tinctures containing non-intoxicating cannabinoids such as CBD, CBN, or CBG may not be sold if they are intended to be applied sublingually (under the tongue). Products intended to be swallowed or applied topically are allowed.
Nonintoxicating cannabinoids sold as soft gels and capsules such as CBD soft gels are considered edible products and are allowed for sale in Minnesota.
If the FDA has approved the health benefit claim, then the product can be labeled as such and sold accordingly. If the FDA has not approved the claim, the product cannot be sold as a product offering a health benefit, including a cure, mitigation, treatment, diagnosis, or prevention of a disease, or that it may be used to alter the structure or function of the body.
Edible cannabinoid products must not be in a shape that bears the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children, or that is modeled after a brand of products primarily consumed by or marketed to children.
Minnesota Statutes, section 151.72, places an age restriction on the buyer of the product, not on the worker or seller of the product. In the future, once licenses are issued under Chapter 342, adult-use cannabis retailers may only employ people 21 years of age and older. However, under Chapter 342, there are no restrictions on the age of employees working at lower-potency hemp edible retailers.
Testing of hemp-derived cannabinoid products must comply with the requirements contained at subdivision 4 of Minnesota Statutes, section 151.72.
At minimum, the testing must confirm the product:
Manufacturers may use more than one laboratory to complete the required testing. The Office of Cannabis Management recommends testing be performed in an ISO 17025:2017 accredited laboratory.
Information regarding packaging and labeling can be found at the Hemp-Derived Cannabinoid Product Compliance Fact Sheet (PDF).
Once a business obtains a lower-potency hemp edible retailer or manufacturer license under Chapter 342, the only artificially derived cannabinoid that is permitted in edibles is delta-9 THC. Each serving may not exceed 5 mg THC.
Non-intoxicating cannabinoids such as CBD, CBG, and CBN will also be permitted. Each serving may not exceed 25 mg CBD and 25 mg CBG. Also, each serving may not exceed 0.5 mg of all other cannabinoids per serving.
The law only applies to cannabinoids derived from hemp. For more information, go to the Minnesota Department of Agriculture’s Hemp Program webpage.
You are encouraged to review this Hemp-Derived Cannabinoid Product Event Checklist (PDF).
No, those retail registrations do not automatically convert to lower-potency hemp licenses. Businesses currently registered will have to apply for licenses.
You would need to hold a cannabis wholesaler business license, which authorizes you to sell lower-potency hemp edibles (which includes beverages) to lower-potency hemp edible retailers.
