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CBD Oil in Minnesota

cbd oil in minnesota

Photo by Drew Dau on Unsplash

Disclaimer: The information below is fully based on our independent research. While our team does everything in their power to provide accurate and current information from credible state-run websites and resources, we are not lawyers or legal experts. As such, none of the following information should be interpreted as legal advice. Content on these pages is provided for informational purposes only and those with legal concerns should consult experts within their state.

Cannabidiol is one of over 100 recognized cannabinoids that are present in both marijuana and industrial hemp. Unlike cannabinoids like THC, cannabidiol (also known as CBD) does not cause intoxication. Instead, many people feel that it provides a range of benefits that can include help with back pain, lessening of anxiety and depression and also help with insomnia. There are also a handful of clinical studies that seem to indicate that CBD can help with inflammation.

Before buying any product, however, most people want to make sure that what they are looking at is legal. As hemp and cannabis laws throughout the country have evolved, many people have found it hard to keep up with what is legal in their state. Is CBD legal in Minnesota? This is what we’ve learned.

Is CBD oil legal in Minnesota?

Yes, CBD oil is legal in Minnesota. However, there are a number of restrictions. Currently, hemp-derived CBD cannot be sold in food or drink, not can CBD products make any health claims on their labels. There are no age or quantity restrictions on hemp-based CBD.

Minnesota also has a medical marijuana program that allows for the purchase of cannabis-based CBD by those who have a covered condition and a medical marijuana card. Minnesota does not allow for recreational purchase of marijuana products.

What are the current CBD laws in Minnesota?

At the current time, hemp-based CBD is legal in Minnesota. Marijuana-based CBD products are available to people who are part of the state’s medical marijuana program.

The medical marijuana program was created under the Minnesota Medical Marijuana Act, which was signed into law by Governor Mark Dayton in May 2014. Under the law, medical marijuana is a legal treatment for people who have any of nine severe medical conditions, which include cancer, HIV/AIDS, Crohn’s Disease, ALS and others. Under the law, cannabis products are available in liquid, pill or vaporized delivery methods. Marijuana flower is not legal to use for medical use. Over the years, additional permitted medical conditions have been added to the law.

In 2018, Governor Tim Walz argued that marijuana should be legalized recreationally in the state. He said that legalization could add tax revenue and reduce the number of people in jail for drug offenses. Two state senators submitted a measure the following year. However, it was voted down by Senate Republicans.

Over the years, many attempts were made by the state legislature to distinguish between marijuana and hemp. Hemp was long outlawed federally because of its resemblance to illegal marijuana. Before hemp cultivation was outlawed, it was a valuable agricultural commodity throughout the country.

In 1999, a trio of bills that would reclassify industrial hemp as a commodity were introduced. Two of the three died in committee. The third passed the Senate, but failed to move on to the House.

The state legislature also attempted to pass several bills that would urge the federal government to reassess the status of hemp.

Minnesota passed its first bill allowing for research into hemp in 2010. The bill, singed into law by the governor in May 2010, allowed the agricultural commissioner to identify and analyze industrial hemp laws in Canada and other countries where hemp was legally grown as an agricultural crop. The commissioner would then submit a report with recommendations.

In 2014, Congress approved a Farm Bill that allowed for pilot programs to research industrial hemp production. Minnesota passed the Industrial Hemp Development Act in 2015. The pilot program operated from 2016 to 2020. The program began with seven growers in 2016 and grew to 583 by 2020.

The 2018 Farm Bill went further, and removed industrial hemp from the Controlled Substances Act. Instead, it is not defined as an agricultural commodity. Hemp is now legal nationwide, and each state manages and regulates its own industrial hemp program.

Minnesota’s commercial hemp program began operated in the state on January 1, 2021. Under the industrial hemp program, all hemp must contain less than .3% THC. An inspector from the state must sample each hemp lot produced to ensure that the amount of THC is within state guidelines. If plants test above the acceptable threshold, they must either be destroyed or retested.

So far, one person has been arrested for running afoul of THC limits. A Fillmore County farmer was arrested in March 2019 for possessing industrial hemp that was 10 times over the limit, with 3% THC. By comparison, marijuana is typically 20% THC. The charges, however, were eventually dropped.

A license is also needed to process hemp products in Minnesota, including processing to extract CBD. At the current time, Minnesota-produced CBD products are hard to attain, as there are few people processing hemp in the state. So far, most processors are focusing on hemp fibers, but CBD extract processors are expected to begin operating in the state as the program becomes more established.

CBD products can be sold without a license in Minnesota. However, all products sold must conform with state law.

Can I purchase CBD oil in Minnesota?

Yes, you can purchase CBD oil in Minnesota. Hemp-based CBD products like lotions, oils, salves and balms are legally available in the state. It is against the law to sell CBD products that are intended for consumption, such as CBD-infused smoothies or gummy candies.

You can also purchase marijuana-based CBD if you have a qualifying condition and are part of the state’s medical marijuana program.

Hemp-based CBD products can be purchased at pharmacies and a number of other retail outlets. You can also buy CBD products online and have them shipped to your Minnesota address.

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