LPHE license holders are required to notify OCM of any material changes to the final plan of record (FPOR) to maintain compliance.
Guidance for changes that qualify as material changes
The following list constitutes material changes and represents the type of changes that require the license holder to follow this process established by the office and update their licensing record with OCM [Minnesota Statutes, section 342.44, subd. 1(b)]. All changes related to this section are recorded in LPHE Site, Security, and Operations Final Plans of Record.
Manufacturing (LPHE manufacturer)
- Changes to the site plan / diagram
- Addition to reduction of square footage: Any expansion or decrease in operational space not previously approved in the license holder’s FPOR constitutes a material change. For example, increasing the size of a room qualifies as a material change; however, utilizing more space within an existing, previously approved room does not. Such changes must include an updated certificate of occupancy, as applicable.
- Addition or removal of rooms, or repurposing of existing rooms: Creating, new rooms, eliminating existing rooms, or changing how an approved space is used will require approval. For example, converting a room from finished product storage to manufacturing would be considered a material change. Changes of this nature must include an updated certificate of occupancy, as applicable.
- Structural modifications to the premises: Any construction that adds or alters walls, doors, sinks, or other structural elements requires approval.
- Replacement of major building systems: The replacement of mechanical systems, lighting, or other critical infrastructure requires approval.
- Addition of new processing equipment: The introduction of processing equipment that comes into contact with raw ingredients or LPHE products requires approval.
- New extraction, concentration, or conversion methods to create artificially derived cannabinoids: Implementing new processes used to create artificially derived cannabinoids, including adding new methods of extraction, concentration, or conversion, requires a new certification from an independent third-party industrial hygienist or professional engineer.
- New volatile chemicals or catalysts for artificially derived cannabinoids: Introducing volatile chemicals or catalysts used in extraction, concentration, or conversion processes for artificially derived cannabinoids requires approval.
- Addition of new product categories: Beginning to manufacture products within a new product category, pursuant to Minnesota Rules, part 9810.2100, subp. 2, requires approval. For example, adding a new flavor or type of beverage is not considered a material change; however, a beverage manufacturer that intends to begin manufacturing gummies or another edible product would be considered a material change.
Wholesaling (LPHE wholesaler)
- Transportation (LPHE wholesaler with transporter endorsement)
- Changes to the number and type(s) of equipment: For example, your business should list vehicles, trailers, or storage units that will be used to transport products, including:
- Addition of new vehicles: Placing a new vehicle into service.
- Removal of an approved vehicle: Removing previously approved vehicles that are no longer in use.
- New or updated required transportation insurance or bond [Minnesota Statutes, section 342.455, subd. 5(b)(1-2)]: Your business must obtain or change the required vehicle or cargo insurance coverage or bond.
- Importing (LPHE wholesaler with lower-potency hemp edible importer endorsement)
Changes to the compliance plan or standard operating procedures (SOPs) to ensure that all imported products are compliant, including beginning to import products from a new out-of-state lower-potency hemp edible manufacturer. Refer to Guidance Memo 2025-02 to learn more.
Instructions for how to request review of material changes are provided below.
Instructions for how to request review of material changes
Start by completing and submitting a new FPOR that includes the material changes – you will receive a PDF copy by email after completing the online fillable form for the LPHE FPOR.
FPOR forms will need to include information that has not changed, along with the new details, to provide the full information for review.
- To request review of material changes, email ocm.licensing@state.mn.us. Attach the following required documents in the email:
If your FPOR pdf or any related attachments exceed email size limits, upload your updated documents to your Accela account under the site registration page instead of submitting them by email. If you do this, indicate in your email to OCM that you submitted your FPOR Material Change form through Accela.
FPOR form links for LPHE license holders:
Changes That Require a New Site Registration
If your proposed change in your FPOR involves adding or withdrawing endorsements or business activities, or changing a business location—including relocating operations or permanently closing a site—you must follow the additional processes outlined on this page. See above.
Non-Material Changes
Non-material changes do not require that you notify OCM, however you must maintain internal documentation and have it available during onsite inspections.
