Is CBD oil legal in Minnesota?
Copy article link to clipboard.
Link copied to clipboard.
- What is CBD?
- Why is CBD sometimes illegal?
- Minnesota CBD laws
- Where to buy CBD in Minnesota
- How to read CBD labels and packaging
CBD laws in Minnesota have been updated since the passage of the Hemp Farming Act of 2018. Although CBD products derived from hemp are widely available in Minnesota, it has been deemed illegal to market CBD products with the intention of preventing, curing, or treating diseases. .
Efforts to create regulatory frameworks around hemp and CBD are ongoing. The Minnesota Board of Pharmacy oversees all drug regulations, and thus is in charge of establishing rules for hemp-derived CBD products, in addition to medical marijuana products already on the market.
CBD products that meet the current labeling and testing requirements are permitted under state law. These products must still meet FDA criteria, however, which currently prohibits the sale of CBD in food or drink, and has yet to release official rules and regulations.
Medical marijuana was legalized in Minnesota in 2014, although the program is limited. CBD derived from cannabis is available for qualifying patients in liquid, capsule, or vaporized format. Adult-use cannabis is illegal.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.
Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
Why is CBD sometimes illegal?
All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule I, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.
The Hemp Farming Act of 2018l re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule I status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than .3% THC, and marijuana refers to cannabis with more than .3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than .3% THC, as long as it has been cultivated according to federal and state regulations. The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.
The FDA has declared that hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement.Although the organization has begun to re-evaluate some of these stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.
In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently of the FDA’s final ruling.. Minnesota is currently developing its own legal guidelines regarding the production and sale of CBD, but presently maintains a stance informed by FDA directives.
Minnesota CBD laws
The cultivation of hemp has been legal for research purposes in Minnesota since 2015. The Minnesota Industrial Hemp Development Act (IHDA), informed by the 2014 Farm Bill, permitted the Minnesota Department of Agriculture (MDA) to develop a Hemp Pilot Program. The MDA Hemp Pilot Program is in effect in Minnesota until the USDA approved the Minnesota state hemp plan.
The legal definition of industrial hemp was updated by the Minnesota Legislature in 2019. Hemp is considered 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 .3% on a dry weight basis.
CBD legislation in Minnesota falls under the jurisdiction of the Minnesota Board of Pharmacy. At present,CBD derived from hemp is illegal in Minnesota when placed into a product intended for consumption. CBD is also illegal when sold as a product intended to prevent, cure, or treat a disease, or alter the structure or function of human or animal bodies. These prohibitions are in line with the FDA directives that CBD cannot be sold in food, drink, or make therapeutic claims.
CBD products in Minnesota that meet state labeling and testing requirements are permitted under state law and can be sold in pharmacies.There are no Minnesotan laws that prohibit the sale of topical CBD products, such as lotions, balms, or salves, although it follows that such products must meet state and FDA labeling and testing requirements.
There are no Minnesotan laws that prohibit the sale of topical CBD products, such as lotions, balms, or salves. Photo by: Gina Coleman/Weedmaps
Those who wish to acquire CBD derived from cannabis must first qualify with a physician’s recommendation, then register as a medical cannabis patient under the Minnesota Medical Cannabis Program.
Licensing requirements for CBD
Individuals and businesses hoping to grow and process hemp in Minnesota must acquire licenses under the Minnesota Department of Agriculture Hemp Program. The MDA Pilot Program will be in effect until the USDA has approved the new state plan.
First-time applicants must submit an application,pay the appropriate program fees, and pass a federal and state criminal background check. Those with controlled substance-related convictions in the last ten years are disqualified. Returning applicants must also submit an application and pay the program fees. Each license granted expires on the 31st December of the year of issue.
MDA inspectors inspect fields within 30 days of harvest for testing. Crops with more than .3% THC content will be destroyed.
Minnesota CBD possession limits
There are no limits on how much hemp-derived CBD a person can possess in Minnesota.
There are limits for cannabis-derived CBD products for medical marijuana patients. Eligible patients can possess up to thirty days of supply.
Non-eligible individuals found in possession of less than 42.5 grams of cannabis-derived CBD may face charges and fines up to $200, and may be required to enter a drug education program.
Where to buy CBD in Minnesota
CBD products are widely available throughout Minnesota, although some of these products may be considered illegal under present state legislation. Retailers include head shops, convenience stores, health food stores, pet stores, restaurants, cafes, coffee shops, and a rapidly-growing number of CBD-specific retailers.
CBD products are widely available throughout Minnesota, although some of these products may be considered illegal under present state legislation. Photo by: Gina Coleman/Weedmaps
CBD derived from marijuana is only available from one of eight approved cannabis patient centers.
Shopping online for CBD represents another option for purchase. Consumers can buy from a wide variety of online outlets for CBD products, read consumer reviews, and ship purchases to their homes.
Online shopping also offers the ability to gather detailed information about each product, compare different products and product types, and comparison shop for the best price. CBD brands often also have their own e-commerce shop, allowing you to purchase your desired CBD products straight from the source. Find more reputable CBD companies on Weedmaps.
How to read CBD labels and packaging
The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA currently does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.
Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. Most reputable CBD producers typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full-spectrum, broad-spectrum, or isolate.
- Batch or date code.
One of the most important things to pay attention to is whether a CBD product is full spectrum, broad spectrum, or isolate.
Full spectrum means that the CBD has been extracted from a hemp plant along with all other cannabinoids and terpenes, including whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.
Broad spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.
Is CBD oil legal in Minnesota? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Minnesota CBD laws Where
CBD Oil in Minnesota: CBD Laws and Where to Buy
Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.
A Guide to CBD Oil in Minnesota
- Minnesota is surprisingly progressive in its CBD regulations.
- The state has embraced CBD and hemp with enthusiasm and curiosity.
- Hemp growers are expanding their market as Minnesota supports a new industry and crop.
- Consumers are enjoying legal access to a wide assortment of CBD products.
- It is still important to do your research as Minnesota solidifies its regulations and enforcement policies.
Is CBD Oil Legal in Minnesota?
The CBD industry is growing faster than anyone in the federal government could have imagined when they signed the 2018 Farm Bill into law. The legislation separated hemp from marijuana, officially removing hemp products from the Federal Drug Enforcement Agency’s list of controlled substances.
The intention was to finally accept hemp as a commodity crop, allowing farms to grow the plant for fibers, textiles and food products like hemp-seed oil. But another industry has emerged that the Food and Drug Administration were unprepared to deal with.
With consumer interest in CBD going through the roof, and companies equally enthusiastic about making money from those consumers, the CBD industry is projected by some to be worth $20 billion or more by 2024. The FDA has recently acknowledged that it would be foolish to try to prohibit access to CBD, but it is still trying to figure out the best ways to regulate.
In the meantime, the government has made it clear that CBD is not currently approved as a supplement or food additive, but it has also stated that it will focus enforcement on companies that make unfounded medical claims for serious illnesses and those that target minors in their advertising.
Additionally, states are permitted to adopt their own laws, leaving CBD in a confusing legal gray area.
Are There CBD Laws in Minnesota?
Until January 1, 2020, Minnesota explicitly claimed CBD was illegal. However, it is now clear that the Land of 10,000 Lakes was buying itself some time to thoroughly research CBD and the hemp industry as a whole, because the new laws thoroughly embrace the market.
Minnesota has signed a bill into law and is working on methods of enactment that allow for the processing of hemp and the production and sale of CBD products, so long as they meet the requirements set forth in M.S. 151.72. The state has done its research and is working toward adopting a robust, comprehensive program that supports a new economy while protecting Minnesota consumers.
CBD in Minnesota: Understanding Different Types of CBD Products
CBD oil is the original form of CBD that the earliest companies sold, and it is still among the most popular. You can find CBD oils in a variety of concentrations, and some companies get super fancy by using additional ingredients for greater appeal.
Penguin’s CBD oils are simple, however, so you can just chill and take your CBD without all the excess. With our pure CBD oils, the only choices you have to make are strength and flavor.
Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.
Penguin’s CBD capsules are also simple and straightforward. Capsules are the same amazing CBD oils, wrapped in an easy-to-swallow gelcap. They are the obvious choice when you are going for a product that travels well, and you can just throw the bottle in your bag and go.
Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.
Besides CBD oils, CBD gummies are the best-known form of CBD on the market today. Nearly every company has its own gummy recipe, but we think Penguin’s CBD gummies are the best .
Our customers agree, and they rave about the flavor and texture of our gummies. Coated in sweet-and-sour sugar and packed with 10mg of CBD, they are the perfect snack, and one that will put a smile on your face the moment you open the jar.
Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.
CBD cream is one of the biggest CBD topical products, because it is both versatile and easy to use. Penguin’s CBD cream is a relaxing way to pamper yourself after a long hard day, or the perfect addition to your skincare routine.
However you decide to use our cream, be prepared to be transported by the heavenly scent of lavender and peppermint as you seal in the moisture.
Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.
Industrial Hemp in Minnesota
The 2018 Farm Bill was intended to encourage states to adopt hemp-growing programs that would help support a new crop for farmers to explore. So far, adoption has been inconsistent, and some states have robust programs while others are flailing. Some growers have hit the ground running, while others muddle their way through with no guidance.
Minnesota has been doing its homework, and even commissioned its Agricultural Utilization Research Institute to develop an initiative that guides farmers, legislators and enforcement agents so they can make the most of this exciting opportunity. The institute has conducted extensive research and published a comprehensive report on the state of the hemp industry today, noting both challenges and opportunities in the market.
The report was completed last year, and 2020 will be the first growing season under which the AURI research is a prominent guiding force. Hemp, however, has been grown in recent years under the research pilot program, and growers have a head start in understanding what it takes to create one of the most productive crops in the country.
Unfortunately, Minnesotans will likely have to wait awhile before they see many CBD products that originate in the state. While Minnesota’s program has grown from just 7 approved growers in 2016 to 505 in 2019, and from zero processors to 49, 2020 is the first year that the program is in full swing.
There will certainly be kinks to work out in the process of growing hemp and producing CBD products.
Can I Purchase CBD Online in Minnesota?
Before the restrictions on CBD products were lifted, you could still find CBD in almost every retail establishment, from gas stations to grocery stores. Now it is pretty much a free-for-all, and you can buy CBD at brick-and-mortar locations all over the state with no trouble at all.
However, specialty store owners and consumers are concerned that the products they are getting are substandard, and they are finding that online research is the simplest way to confirm the quality and potency of any products they are considering.
CBD Oil in Minnesota
Minnesota is still working to implement the enormous package of regulations it has rolled out, and enforcement is bound to be inconsistent at first. The number of companies out to scam consumers is growing as laws relax and doors open. These companies prey on people new to shopping for CBD, who do not necessarily know what to look for.
It is essential, therefore, to do your research and make sure you are buying your products from a company that has a good reputation. Any company worth considering will accompany its CBD with a certificate of analysis from a reputable third-party lab confirming potency and purity.
Penguin CBD products all come with third-party verification from one of the best labs out there. It is clear from the documentation we proudly share online that our products are pure and you will always get exactly what you pay for.
We know that the only way governments will recognize the legitimacy of the CBD industry is if we provide trustworthy, dependable products that our customers love. That is what we aim for in everything we do, from the moment our hemp is selected from our natural growers to the moment your order is shipped.
Final Thoughts About CBD in Minnesota
Minnesota is one of the most progressive states in the nation regarding CBD. The state has embraced the opportunities that the industrial hemp market can provide, and recognizes that the CBD industry is growing exponentially.
The Land of 10,000 Lakes is enthusiastic about the future of hemp in the state, and its program is expanding year over year. Its plans to develop hemp crops and regulate CBD in ways that protect consumers are competitive and comprehensive.
The main challenges ahead for Minnesota are enforcement and compliance. Ensuring farms, processors and retailers are keeping the safety of the consumers at the top of their priority list is going to take a lot of manpower, but the state is at work to create the supporting infrastructure.
While you are waiting for Minnesota to produce the best state-grown CBD products, check out our website to learn about the kinds of products you can expect to see on Minnesota shelves in the future.
Interested in learning where you buy CBD oil in Minnesota and the current laws surrounding it? We have you covered.