Is CBD Oil Legal in Minnesota?

Disclaimer: This article should not be taken as legal advice.

Hemp laws in Minnesota were revised on July 1, 2019. Before then, laws regarding the farming and distribution of hemp-based products were in a significant grey area. This update in hemp laws was a result of the passage of the Hemp Farming Act of 2018.



The laws in a nutshell

The Hemp Farming Act was enacted in December 2018. It excluded Hemp with low THC or delta-9-tetrahydrocannabinol, concentrations of 0.3% or less on a dry weight basis, from Marijuana as a controlled substance specified in the Controlled Substances Act. It also preserved the FDA's right to regulate all hemp products.

What exactly is CBD?

CBD is short for Cannabidiol, a non-intoxicating cannabinoid found in cannabis. It is the second most abundant compound in the cannabis plant after THC. It can have a number of therapeutic effects and improve a person's sense of wellbeing.

CBD can be extracted from two plants; hemp, and marijuana. CBD derived from marijuana typically has a higher than legal THC concentration. This specification means that some CBD may be legal and some may be illegal, depending on where it was extracted.

Is CBD legal in Minnesota?

All types of Hemp and cannabis were illegal since 1970 under the Federal Controlled Substances Act. It stated that all species of cannabis were intoxicating, highly addictive, and have a high potential for abuse with no recognized medical benefit.

The Hemp Farming Act allowed hemp to be classified as an agricultural plant and made it legal to cultivate. It also removed some forms of cannabis from the umbrella of Category 1 illegal substances and created a legal difference between hemp and marijuana.

CBD laws in Minnesota

Hemp could be legally cultivated for research purposes in Minnesota since 2015. This was stipulated in the Minnesota Hemp Development Act, which was backed up by the 2014 Farm Bill. This allowed the Minnesota Department of Agriculture to start and build the MDA Hemp Pilot Program.

The definition of hemp according to the law in the Minnesota Legislature was updated in 2019. It defines hemp as "any part of the Cannabis sativa L. plant, growing or not, including the plant's seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a THC concentration of more than 0.3% on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9".

At the moment, the laws state that you cannot use CBD hemp extract in food and it is illegal if used under these circumstances. CBD is also illegal if purported to treat, cure or prevent an illness. 

Minnesota's laws allow CBD products that have passed state labeling and testing processes to be sold in pharmacies. They also allow topical CBD products that meet FDA guidelines, such as lotions, salves, oils, and balms to be sold.

Licensing Requirements for CBD

Individuals and businesses that wish to grow or sell CBD need to apply for a license under the Minnesota Hemp Program. If you are a first-time applicant, you need to submit an application and undergo several background checks.

The MDA will run federal and state criminal background checks, and you'll have to pay the program fees. If an applicant has had any controlled substance-related convictions within the past 10 years, then their application will be automatically rejected.

Every license issued expires on December 31st of every year. It is crucial to note that hemp growers must MDA testing by submitting samples of their produce within 30 days of harvest. Plants that have more than the legal 0.3% THC concentration are immediately destroyed by the MDA.

Minnesota CBD possession limits

Minnesota's residents have no limit as to how much hemp-derived CBD they can possess at a time. There is a limit on cannabis-derived CBD, and it's a maximum of a 30-day supply for medical marijuana patients. These patients are individuals who have a physician's recommendation and are registered as medical cannabis patients under the Minnesota Medical Cannabis Program.

Non-eligible individuals found in possession of more than 42.5 grams of cannabis-extracted products will be fined not more than $200, face criminal charges and possibly enroll in a drug education program.

Cannabis extracts legally in Minnesota

Prescription drugs including synthetic THC, natural cannabis extracts Nabiximols THC and Epidiolex are legal in Minnesota. Any cannabis extract with THC concentration of less than 0.3% on a dry weight basis is also legal.

Any cannabis product with a dry-weight THC concentration of more than 0.3% is still illegal in Minnesota, regardless of the source plant. Minnesota's limited medical marijuana law currently allows only resin-like extracts. Low-cost plant form medical marijuana is still off-limits for low-income and disabled Minnesotans.

Where to get CBD legally

You can legally buy CBD oil online and have it delivered to your doorstep, as long as it is derived from the hemp plant. The source plant makes it perfectly legal. Online shopping gives you a wide selection of hemp products and allows you to get detailed information about every product before purchasing it.

It would also be helpful to look at reviews from previous buyers. Also, pharmacies in Minnesota carry these products and are reliable distributors. Labels on CBD products show helpful details like the amount of active CBD per serving, and whether the product is full-spectrum, broad-spectrum, or isolate.

We at Evn are reliable and trusted online sellers of high-quality CBD products. Our products are non-GMO, sourced from organically-grown hemp, lab-tested, and have zero THC. Contact us for more information.

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