A new Minnesota law imposes restrictions on purchasers and requirements on businesses involved in the hemp-derived products industry. There are key dates by which businesses must be in compliance with these regulations.
Important Dates To Know
May 31, 2023 is an essential date for new regulations. You should know that as of that date:
- Only people 21 and older can purchase lower-potency hemp edible products.
- Retailers of all edible cannabinoid products must display them behind a checkout counter where the general public is not permitted or in a locked case. Beverages are an exception.
- Only lower-potency hemp products that are compliant with Minnesota’s new law may be sold in the state.
October 1, 2023 is the date on which all lower-potency hemp product sellers must register with the State of Minnesota.
Age Restrictions Under the New Law
The new law mandates that lower-potency hemp edible products and beverages may only be sold to people who are aged 21 or older. Retailers must verify purchasers’ ages with a valid state identification card, driver’s license, Tribal identification card, passport, instructional permit, or Canadian driver’s license.
Product Requirements for Hemp-Derived Products
Hemp-derived products may be sold in the form of an edible or beverage for human consumption and, as with products that are for external use only, must be properly labeled.
There are an array of other requirements for hemp products, including a 5 mg THC per serving limit, a 50 mg per package limit, and a total of two servings allowed per beverage container. Products that contain nonintoxicating cannabinoids that are intended to be smoked or vaped are illegal in Minnesota. This includes substances extracted from certified hemp plants that do not produce intoxicating effects by any route of administration.
Additionally, hemp products must be consistently tested in an accredited laboratory in batches to ensure the product meets requirements for percentage of cannabinoids, THC content, and lack of statutorily specified contaminants.
Packaging and Labeling of Hemp-Derived Products
There are strict regulations concerning the packaging, labeling, and product shape of hemp products as well. Containers must be child-resistant and cannot be in the form of candy, animals, fruits, or other child-appealing products.
Packaging must include contact information for manufacturers and laboratories used as well as batch numbers and accurate information about the amount of cannabinoids in each unit of product.
Product packaging may not be marketed to diagnose, treat, cure, or prevent diseases, nor may it be targeted to children. In fact, the following statement must be on all packaging: “Keep this product out of reach of children.”
Registration of Hemp Product Sellers
All hemp-derived product sellers must be registered with the State of Minnesota by October 1, 2023. This includes all retailers and liquor stores actively selling hemp-CBD and/or THC products. Manufacturers that sell directly to consumers, including breweries, are also required to register with the state.
There will be no charge to register, and the Office of Medical Cannabis is developing an online registration system that will be available. We will keep you advised on when the registration system is available.
Contact a Minnesota Hemp Business Lawyer for More Information
If you are a hemp product retailer, you need to know how to maintain compliance with new laws as they evolve. The best way to do that is to work closely with a Minnesota hemp business attorney.
Contact S Burns Legal today to find out how we can help your business.