Minnesota accidentally legalized cannabis edibles as part of a regulatory overhaul on July 1, 2022.
State legislators passed a law allowing the sale of products containing “non-intoxicating cannabinoids.” But the law includes a loophole that essentially legalizes all forms of THC edibles.
At least one Republican state senator has come forward, admitting it was a mistake.
Minnesota’s THC Loophole
Minnesota’s accidental legalization of edibles comes from section 151.72 of the new law. The statute defines “non-intoxicating cannabinoid” as “substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration.”
The bill then says cannabinoid edible products are legal so long as the product contains no more than 0.3 percent of THC. And no more than 5 milligrams of THC in a single serving. Or more than a total of 50 mg of THC per package.
Since former president Donald Trump legalized hemp cannabinoids in the 2018 Farm Bill, states have been grappling with how to respond. Americans are consuming hemp-derived delta-8 THC, delta-9 THC, delta-10 THC and THC-O Acetate like it’s going out of style. Many lawmakers are alarmed that these hemp cannabinoids are “unregulated” or “intoxicating.”
Because of the drug war mentality, most States have brought regulations covering hemp and its derivatives. Some states have outright banned cannabinoids like delta-8. Lawsuits have been launched by cannabis connoisseurs in these anti-cannabis states.
However, nobody has accidentally legalized cannabis edibles the way Minnesota has.
How Minnesota Accidentally Legalized Edibles
On the surface, things look OK. The new law permits the sale of products containing less than 0.3 percent delta-9 THC. That’s probably why the state senate went ahead and voted for it. If you consume a 99% CBD and 0.3% THC product, you’re not getting high.
But consider that a chocolate bar weighing 60 grams can have up to 180 mg of THC if limited to 0.3 percent THC concentration by weight.
A four-gram hemp candy could have up to 10mg of THC and still fall below the 0.3 percent concentration.
Minnesota’s accidental edible law permits 5 mg THC per serving and 50 mg THC per package.
It’s possible Minnesota’s lawmakers thought 50 mg of THC from hemp would be less potent than 50 mg of THC from a “regular” cannabis plant. Perhaps they didn’t read the bill before voting on it. Maybe they have trouble performing basic math and thought 0.3% THC would be the cap for all products.
Nevertheless, now’s the time to visit Minnesota before they reverse their mistake.