The hemp plant is a type of cannabis plant and is commonly grown as a crop to make things like fiber, seeds, and hemp seed oil. The 2018 Federal Farm Bill authorized the regulated production of hemp nationally and removed it from the Controlled Substances Act, separating it from marijuana. In 2022, the Minnesota legislature modified requirements for hemp-derived cannabinoid products to allow for the sale of edible cannabinoid products to people age 21 and older in Minnesota.
Hemp contains compounds called cannabinoids -- including cannabidiol (CBD), which is non-intoxicating -- as well as low levels of tetrahydrocannabinol (THC), which is intoxicating. To make gummies or beverages from hemp that are intoxicating, manufacturers use a chemical conversion process to change CBD into THC.
THC from hemp and THC from marijuana are both intoxicating. However, the manner in which they are obtained or manufactured makes the THC concentrate solution functionally different due to the accompanying chemicals and byproducts. Consuming THC, whether derived from hemp or from cannabis, can cause a person to fail a drug test.
Products containing THC may contain up to 5 mg of THC per serving and have a maximum of 50 mg of THC per package. Beverages can have up to two servings for a maximum of 10 mg of THC. Some products in the marketplace have hundreds of milligrams of THC in different forms. These products are illegal and should be avoided because they can be dangerous.
Edibles with multiple servings must be scored, wrapped, or otherwise indicate individual serving size on the product, or may be sold with a calibrated dropper, measuring spoon, or similar device for measuring a single serving.
The number of THC milligrams (mg) per serving. The maximum allowed in Minnesota is 5 mg per serving.
The type of THC. Only Delta-8 or Delta-9 THC are legal in Minnesota.
A list of ingredients, including the identification of major food allergens.
A statement saying, “Keep this product out of the reach of children.”
Results of a laboratory analysis for contaminants and cannabinoids (a QR code that leads to a website with this information is also acceptable).
All edibles must be sold in a child-resistant, tamper-evident, and opaque container at the time of purchase. Always keep cannabinoid edible products in their original, child-resistant packaging. Beverages are not required to be child-proof but must be in an opaque container. For more information, go to Packaging and Labeling Guide for Cannabis and Lower-Potency Hemp Edible Products.
Cannabis waste should be mixed with other waste material, like coffee grounds or kitty litter, so it can’t be used. The waste mixture should be in a taped and sealed container, like an empty yogurt cup, and thrown into regular trash. If possible, recycle empty containers. Never discard uneaten edibles in their packaging where a child or anyone else could find them and consume them.
Like adult-use cannabis, hemp-derived cannabinoid products should always be used responsibly and stored safely, out of the reach of children.
The U.S. Food and Drug Administration has warned consumers that some manufacturers may use potentially unsafe household chemicals to convert CBD into THC. The final THC product may have potentially harmful by-products, which when consumed or inhaled, can pose health risks. Similar to other product safety concerns, people who are pregnant or breastfeeding should be particularly careful when evaluating risks.
