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GUIDANCE MEMO | GM-2025-02

Standards for Out-of-State Hemp Product Importing

10/10/2025 11:35:17 AM

Background

Minnesota Statutes, sections 342.34, subdivision 5(b)(1)-(2) and 342.455, subdivisions 3(b)(1)-(2) provide two ways a cannabis wholesaler or low-potency hemp wholesaler license holder may import hemp-derived products from another state:

  1. The manufacturer is licensed in another jurisdiction and subject to regulations designed to protect the health and safety of consumers that the office determines are substantially similar to the regulations in this state.
  2. The hemp or cannabis wholesaler establishes, to the satisfaction of the office, that the manufacturer engages in practices that are substantially similar to the practices required for licensure of manufacturers in this state.

This memorandum provides a list of states determined to have substantially similar regulatory environments under sections 342.34, subdivision 5(b)(1) and 342.455, subdivision 3(b)(1), and the standards for which the office will review manufacturers under sections 342.34, subdivision 5(b)(2) and 342.455, subdivision 3(b)(2). OCM may have additional requirements depending on information submitted.

States with substantially similar regulations

The following states have substantially similar regulations for the manufacture and production of hemp-derived products. Like Minnesota, these states use a total THC definition, regulate the age at which a person can purchase hemp products, impose THC milligram limitations, prohibited synthetic cannabinoids, and limit certain artificially derived cannabinoids, limit the form or product categories for hemp products, specifically regulate hemp beverages, and impose testing requirements beyond potency.

  • Hawaii
  • Kentucky
  • New York
  • Utah

A wholesaler must still ensure that the product being imported meets all Minnesota statutory and regulatory requirements, including potency or milligram limits, packaging and labeling requirements, and product form.

Standards necessary to establish practices similar to Minnesota standards

A hemp or cannabis wholesaler or an out-of-state manufacturer seeking to have their products imported into Minnesota must submit documentation to the office regarding ALL of the following five standards. Documentation should be submitted by email to enforcement.ocm@state.mn.us in the form of a letter, and may include, as part of the submission, audit/inspection report(s) from the regulatory body overseeing the manufacturer, an independent qualified entity providing analysis of the practices of the manufacturer, the standard operating procedures of the manufacturer, or any other documentation that addresses the manufacturer’s operational practices for each of the standards discussed below.

1. Methods of extraction and concentration standards

M.S. § 342.26, subd. 3(b); M.S. § 342.45, subd. 3(b)

A business licensed or authorized to manufacture cannabis products must inform the office of all methods of extraction and concentration that the manufacturer intends to use and identify the volatile chemicals, if any, that will be involved in the creation of cannabis concentrate or hemp concentrate. A cannabis manufacturer may not use a method of extraction and concentration or a volatile chemical without approval by the office.

Required documentation

Provide documentation of the regulatory body that oversees the manufacturer and the standards for which that body holds the manufacturer, or an independent qualified entity tasked with overseeing similar standards, for each method of extraction or concentration used in the production of the products sought to be imported. This documentation should include, at a minimum, that each method was assessed for health and human safety and effective residual chemical mediation.

Further describe your plan for complying with the requirement to provide buyers with a written statement, upon the sale of hemp concentrate or artificially derived cannabinoids, that includes:

  • The method of extraction and concentration or conversion used
  • Any solvents, gases, or catalysts involved (including, but not limited to, any volatile chemicals)

Please explain how you will prepare, maintain, and deliver this information to each Minnesota buyer.

2. Approved non-intoxicating cannabinoids standards

M.R.P. 9810.2100, subp. 4

The following cannabinoids are approved for use in lower-potency hemp edibles:

  • Hemp-derived delta-9 THC

The following cannabinoids are designated as nonintoxicating:

  • Cannabichromene (CBC)
  • Cannabidiol (CBD)
  • Cannabigerol (CBG)
  • Cannabinol (CBN)
Required documentation

Provide documentation for ensuring that only the approved cannabinoids are used in lower potency edibles imported into Minnesota.

3. Minnesota food law standards

M.S. § 342.45, subd. 4(b); M.R.P. 9810.2204, subp. 2

A manufacturer must manufacture ingestible cannabis products and lower-potency hemp-derived edibles in accordance with Minnesota Food Law, including applicable sections of Code of Federal Regulations that are adopted by reference in Minnesota Statutes, section 31.101, except that a product is not adulterated solely due to the presence of cannabis or hemp ingredients.

Required documentation

Provide documentation for ensuring that the manufacturer operates at all times in compliance with Minnesota food laws, or evidence that the state where the manufacturer resides has substantially similar food laws to Minnesota.

4. Sanitary conditions standards

M.S. § 342.45, subd. 6(b); M.R.P. 9810.2102, subp. 2A(7)

A lower-potency hemp edible manufacturer must ensure that licensed premises are maintained in a clean and sanitary condition and are free from infestation by insects, rodents, or other pests.

Required documentation

Provide documentation for ensuring sanitary premises, including but not limited to being free from infestation by insects, rodents, or other pests. Alternatively, evidence that the state where the manufacturer resides has substantially similar laws or regulations to Minnesota’s that ensure sanitary conditions, including ongoing and regular site visits by the regulatory body enforcing those laws and rules.

M.R.P. 9810.2102, subp. 10

A cannabis business must follow sanitary practices during all manufacturing, including receiving, storing, processing, handling, packaging, and labeling regulated products. At a minimum, a cannabis business's sanitary practices must:

  • Ensure that an individual who has a communicable disease or other illness does not perform any tasks that might contaminate regulated products
  • Ensure that hand-washing facilities in manufacturing areas are supplied with all of the following:
    • Hot and cold running water
    • Effective hand-cleaning and sanitizing solutions
    • Sanitary drying functions, such as electronic drying devices, single-use towels, or a sanitary towel service
  • Ensure that a worker who comes into direct contact with regulated products uses hygienic practices, including maintaining the cleanliness of the worker's outer garments and washing hands thoroughly in a hand-washing area before starting work and at any other time when the worker's hands may have become soiled or contaminated
  • Control environmental conditions and ensure that workers use sanitary handling practices to protect products against physical, chemical, and microbial contamination and store products in a manner to prevent the growth of microorganisms
  • Control environmental conditions to prevent the deterioration of products or contents that are described on the products' labeling
  • Ensure that tools, utensils, and equipment, including storage containers, that come into direct contact with ingredients, in-process products, and finished products are cleanable and constructed from materials that will not transfer to ingredients or finished products
  • Ensure that all product-contact surfaces, utensils, and equipment are cleaned before being used to manufacture products and are maintained in a condition that prevents contamination of ingredients or regulated products

Packaging materials that come into direct contact with ingredients, in-process products, or finished products must be:

  • Safe for use with the intended products
  • Stored and handled in a manner to prevent contamination of materials from the environment
  • Cleaned between uses if designed for cleaning and multiple uses or discarded after single use

A cannabis business must make efforts to prevent pests by:

  • Using screening or other protection against the entry of pests
  • Promptly disposing of waste to minimize odors and the potential for waste to attract, harbor, or become a breeding place for pests

A cannabis business must store toxic cleaning compounds, sanitizing agents, and other potentially harmful chemicals in a separate location away from regulated products and in accordance with applicable local, state, and federal workplace safety requirements.

Required documentation

Provide documentation for ensuring sanitary premises, including but not limited to the enumerated requirements above. Alternatively, evidence that the state where the manufacturer resides has substantially similar laws or regulations to Minnesota’s that ensure sanitary conditions, including ongoing and regular site visits by the regulatory body enforcing those laws and rules.

5. Safe ingredients

M.R.P. 9810.2102, subp. 9; M.R.P. 9810.2205, subp. 2

All products other than cannabis-derived ingredients and hemp-derived ingredients must be:

  • Safe for the intended purpose and use in the manufacturing process
    • Any solvent used in manufacturing must be safe for human consumption and approved for use in foods by the federal Food and Drug Administration
  • Handled and used in a manner that prevents contamination with filth, residues, or other substances that would likely render products of the cannabis plant injurious to human health
  • In conformance with applicable sections of Minnesota Statutes, chapters 18B, 18C, and 18D, and other applicable laws
  • Stored in original containers with original labels intact or in working containers of diluted or prepared applications labeled with information required by Minnesota Statutes, chapters 18B, 18C, and 18D, and other applicable laws
  • Manufactured using only non-cannabis-derived inactive ingredients listed in the federal Food and Drug Administration inactive ingredient database to create cannabis concentrate or hemp-derived concentrate that is intended for use through a vaporizer delivery device or pressurized metered dose inhaler

All manufacturing inputs, ingredients, and containers must be used, stored, and disposed of according to label instructions and in compliance with all other applicable laws and regulations.

Required documentation

Provide documentation for ensuring ongoing compliance with these requirements. Alternatively, evidence that the state where the manufacturer resides has substantially similar laws or regulations to Minnesota’s that ensure only safe ingredients are used, including ongoing and regular site visits by the regulatory body enforcing those laws and rules.