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minnesota cbd oil laws

Minnesota cbd oil laws

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).

Enforcement

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.

Conclusion

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.

Minnesota cbd oil laws 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.

CBD Oil Minnesota 2021 – Is It Legal And Where To Buy?

CBD or cannabidiol is a compound found in the cannabis Sativa plant. Due to the abundant health benefits CBD offers, the compound has generated buzz, and for that, CBD retailers are popping up in the United States, including Minnesota.

Many people have come to love cannabis and cannabis-derived products in Minnesota, but the legal status of these products can be a bit confusing. In this Gopher State, the legality of CBD oil products depends on the source.

CBD can be sourced either from the hemp variety of the cannabis plant or marijuana. However, with marijuana, THC levels are usually high. THC is 3what makes marijuana or high-inducing or psychoactive. With hemp, only traces of THC are present, meaning you can hardly get high off of it.

Since the passage of the 2018 Hemp Farming Act, CBD laws in this state have been updated. Though CBD oil products are readily available in Minnesota, marketing CBD oil products are considered illegal when linked with the intention of curing, preventing, or treating diseases.

The Minnesota Board of Pharmacy is currently overseeing all drug regulations. It is in charge of maintaining and establishing rules for CBD products derived from hemp, in addition to marijuana products already on the market for medical purposes.

Is CBD Oil Legal in Minnesota?

Since 2015, the cultivation of hemp has been legal in Minnesota for research purposes. The Minnesota Industrial Hemp Development Act (MDA) permitted the Minnesota Department of Agriculture (MDA), as informed by the 2014 Farm Bill, to develop a Hemp Pilot Program. The hemp pilot program is still in effect in the state until the USDA approves the Minnesota state hemp plan.

The Minnesota Legislature updated the legal definition of industrial hemp in 2019. Hemp, by definition, is considered any part of the cannabis plant, whether growing or not, including the plant’s seeds, extracts, derivatives, isomers, salts, cannabinoids, acids, and salts of isomers, with a THC concentration of more than 0.3%.

The jurisdiction of the Minnesota Board of Pharmacy oversees CBD legislation in Minnesota. Presently, when CBD derived from hemp is placed into a product intended for consumption, it is considered illegal in Minnesota.

CBD is also considered illegal in Minnesota when sold as a product intended to cure, prevent, or treat a disease, or alter the function or structure of animals or human bodies. Hence, these prohibitions coincide with the FDA directives that CBD can’t be sold in drink, food, or make therapeutic claims.

However, if CBD products in Minnesota meet state testing and labeling requirements, they are allowed under state law and can be sold in pharmacies. However, there are no laws in the state that prohibit the sale of topical CBD products like balms, lotions, or salves. However, such products should meet the state as well as FDA testing and labeling requirements.

Hence in Minnesota, if you wish to acquire cannabis-derived CBD, you have to first qualify with a doctor’s recommendation and then register to be a medical cannabis patient under the Minnesota Medical Cannabis Program.

Businesses and individuals who hope to process and grow hemp in this state must get licenses under the Minnesota Department of Agriculture Hemp Program. Until the USDA approves the new state plan, the MDA pilot program is still in effect.

First-time applicants are expected to submit, pass a state and federal criminal background check, and pay the appropriate program fees. If you are found with controlled substance-related convictions in the past ten years, you will be disqualified.

If you are returning applicants, you are also required to submit your application and pay the program fees. Every license issued expires at the end of the year it was issued. Within 30 days of harvest, the MDA inspectors inspect the fields, and crops that exceed 0.3% THC are destroyed.

While there are no limits on how much CBD derived hemp you possess in Minnesota, there are limits for CBD products derived from CBD for medical cannabis patients. Eligible patients are allowed to possess up to 30 days of supply.

However, individuals who aren’t eligible are found in possession of fewer than 42.5 grams of CBD derived from cannabis, could face fines and charges up to $200, and may be asked to join a drug education program.

Why You Should Buy CBD Oil Minnesota Online?

Online shopping has become the norm of the day. It makes the process easier, faster, and convenient because you can buy CBD oil anywhere in Minnesota from the comfort of your own home. You can quickly and conveniently access abundant manufacturers and choose from vast products.

You can thoroughly research before making a purchase and find out whether or not the brand is worth your trust. You can also quickly check online reviews and order the best product that will suit your needs. With the 2014 Farm Bill, you can legally purchase hemp-derived products from anywhere in the state without ever having to leave your house.

You can also buy the best CBD products online at the most affordable prices and enjoy attractive discounts and wholesale deals. You can also access third-party lab testing results to prove the product’s quality.

Looking to buy CBD oil Minnesota 2021 but not sure if the law allows it or not. Read on to find out whether CBD oil is legal in Minnesota.