Is CBD oil legal in Minnesota?
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- 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
January 2, 2020 by Nathan R. Snyder
The 2018 Farm Bill and Hemp
Congress passed the 2018 Farm Bill on December 11, 2018, and, among other things, legalized hemp. Previously, hemp operated in a legal gray area. The 2014 Farm Bill permitted pilot programs to study the growth, cultivation, or marketing of “industrial hemp” (see 7 U.S.C. § 5940), but hemp remained a controlled substance under the Controlled Substances Act, which left farmers, distributors, and retailers at risk of possible adverse legal action, especially in states that did not provide for their own regulations. The 2018 Farm Bill, however, officially removed industrial hemp from the Drug Enforcement Agency’s controlled substances list and further supported the 2014 Farm Bill’s goal of allowing the cultivation, production, and marketing of industrial hemp (defined as cannabis sativa containing less 0.3% THC or less.) As a result, the 2018 Farm Bill makes industrial hemp legally distinct from marijuana and the federal government now recognizes it as an agricultural crop. The 2018 Farm Bill further frees up interstate movement of hemp, seeds, plants, and processed hemp products. Hemp farmers are also eligible for crop insurance and grants through the United States Department of Agriculture. States, however, are allowed to be more restrictive in regulating the growth, cultivation, distribution, and sale of hemp, including industrial hemp cannabidiol (“CBD”).
CBD Products and Section 151.72 of Minnesota Statutes
Until recently, CBD was not expressly legal in Minnesota which has caused significant confusion for Minnesota consumers, retailers, farmers, medical professionals, municipalities, and law enforcement. To address this ambiguity, Minnesota enacted Minnesota Statutes, Section 151.72 (“Minnesota Hemp Act”), which governs the sale of certain cannabinoid products, such as CBD, effective January 1, 2020. CBD products are made with cannabidiol, a compound extracted from cannabis and hemp plants. CBD is a pharmacologically active substance that affects the central nervous system, serotonin receptors in the brain, but is chemically distinct from its psychoactive sibling, THC. While research is ongoing, CBD is believed to be effective in treating a host of medical issues, though the only currently FDA-approved use of CBD is for the treatment of rare forms of epilepsy.
As a result of loosened state and federal restrictions on growing hemp, CBD products have become increasingly abundant and more easily accessible. Under Minnesota Statutes 151.72, subd. 3, a product containing nonintoxicating cannabinoids may be sold for human or animal consumption, including products derived from hemp. The Minnesota Hemp Act, however, provides a number of requirements for the growth, processing, and sale of hemp and hemp-derived products, such as CBD.
Individuals and businesses in Minnesota must be licensed under the Minnesota Department of Agriculture’s Hemp Program (“Hemp Program”) to grow and process hemp in 2020. Under the Hemp Program, licensees are required to take reasonable measures to prevent theft or diversion of their industrial hemp plants and seed and to cooperate with law enforcement and the Minnesota Department of Agriculture (“MDA”). The MDA must have unfettered access to the hemp fields for MDA inspection and sampling.
Further, a manufacturer of any CBD product regulated under the Minnesota Hemp Act must submit the representative samples of the product to an independent, accredited laboratory in order to certify that the product complies with the standards adopted by the Minnesota Board of Pharmacy. All hemp crops must be tested by the MDA, pass the THC Test, and have an issued “Fit For Commerce” certificate prior to transferring ownership of the crop. Inspections by the MDA include taking plant samples for THC testing within thirty (30) days of harvest of the grower’s hemp plants. Pursuant to subdivision 4 of the Minnesota Hemp Act, testing must be consistent with industry standards for herbal and botanical substances and must confirm: (1) the amount or percentage of cannabinoids that is stated on the label of the product; (2) the product does not contain any more than trace amounts of any pesticides, fertilizers, or heavy metals; and (3) that the product does not contain delta-9 tetrahydrocannabinol. The license holder is responsible for notifying the MDA of their upcoming harvest date by filing a Planting Harvest Report. Selling or transferring ownership of hemp without the certificate is a violation. Failure to pass the THC test may result in destruction of the entire crop.
Minnesota Industrial Hemp Pilot Program Licensing and 2020 Growing Season
Any person or business interested in growing or processing industrial hemp in Minnesota must obtain a Hemp Program license. Applicants must fill out an online application, register their growing and processing locations on a GIS map, and pay the program fees. Applicants must additionally be fingerprinted at a local law enforcement office and complete a Hemp Program Background Check Request Form with the Bureau of Criminal Apprehension. The deadline to apply for the 2020 growing season is March 31, 2020 for all license types, and any license granted is valid through December 31, 2020.
New Minnesota CBD Labeling Requirements
Additionally, the Minnesota Hemp Act contains specific labeling requirements affecting CBD products. Because there is not a uniform, model CBD act across the United States with respect to labeling, states are free to determine their own requirements and restrictions to which manufacturers, distributors, and retailers must adhere. For this reason, Minn. Stat. §151.72, subd. 5 includes labeling requirements affecting manufacturers, distributors, and retailers of CBD products. All Minnesota CBD products must, at a minimum, include a prominent and conspicuous label that denotes (i) the manufacturer’s contact information, including the manufacturer’s name, address, telephone number, and website; (ii) a “tested by” label, which identifies the name and address of an independent and accredited third-party lab that tested the CBD product; (iii) an accurate statement of the amount or percentage of cannabinoids found in each unit of the product meant to be consumed; and (iv) a statement that the product has not been evaluated by the FDA and that the product does not claim to be capable of treating diseases unless those treatments have been FDA-approved. As a result, CBD manufacturers, distributors, and retailers selling CBD products in Minnesota must comply with these labeling requirements and be aware of the possibility that individual state requirements may vary throughout the country (including outright prohibitions on manufacture, distribution, or sales).
CBD products must meet the new standards in Minn. Stat 151.72, or the products will be considered to be misbranded or adulterated drugs. A product will be considered an adulterated drug if: (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; (2) it was manufactured, prepared, packaged or held in unsanitary conditions; (3) the container is made of any poisonous or deleterious substance; (4) it contains any color additives or excipients found unsafe by the FDA; and/or (5) it contains an amount or percentage of cannabinoids that differ from the label on the packaging.
The new rules specify the Minnesota Board of Pharmacy (“MBP”) has the authority to issue cease and desist letters to prohibit businesses from selling misbranded CBD products and can force businesses to remove the misbranded products from their stores. The MBP also has the authority to embargo adulterated and misbranded drugs and to seek injunctive relief against any party which violates the statute.
The 2018 Farm Bill and Minnesota Hemp Act have brought about a number of changes and regulation to Minnesota hemp and CBD businesses. While these changes have opened the door for hemp and CBD manufacturers, distributors, and retail stores in Minnesota to lawfully grow, distribute, and sell hemp and CBD products, failure to promptly comply could result in significant problems for unaware Minnesota CBD businesses. For example, growers run the risk of their entire crops being destroyed if their hemp contains more than 0.3% THC. Likewise, CBD retailers will need to ensure that the manufacturer from whom they receive CBD products comply with the labeling and testing requirements, or they could face adverse action from the Minnesota Board of Pharmacy, such as a prohibition on selling their CBD inventory. As a result, the days of handshake agreements between hemp and CBD manufacturers are gone; the parties to any distribution agreement will need a written CBD distribution agreement that includes adequate protections and guidelines so that each party understands its rights and responsibilities.
Cbd minnesota January 2, 2020 by Nathan R. Snyder The 2018 Farm Bill and Hemp Congress passed the 2018 Farm Bill on December 11, 2018, and, among other things, legalized hemp. Previously,