February 19, 2021 6 min read

Recent changes to federal law made Delta-8-THC legal, but is Delta-8-THC legal in Minnesota? And if so, where can you find it?

Luckily, Minnesota’s hemp laws seem to clear the way for the sale and possession of Delta-8-THC in the state. The state’s definition for legal hemp matches the federal definition, which includes hemp-derived extracts, cannabinoids, isomers, and other hemp derivatives. That makes Delta-8-THC legal in Minnesota.

Here’s the down-low on Delta-8 Minnesota laws:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Delta-8-THC is Legal in Minnesota

Minnesota Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Minnesota?
Delta-8-THC Possession Limits in Minnesota
Is Delta-9-THC Legal in Minnesota?
Where to Buy Delta-8 in Minnesota
How Old Do You Have to Be to Buy Delta-8 in Minnesota?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Minnesota has legalized hemp according to the federal definition, which includes all hemp derived cannabinoids, isomers, and other extracts. That means that Delta-8-THC is legal in Minnesota.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC. You can find it at a limited number of stores in Minnesota, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Minnesota Delta 8 THC Laws

Minnesota updated their hemp legislation in response to the 2018 Farm Bill to legalize hemp and CBD, as well as all other hemp derivatives containing less than 0.3% Delta-9-THC by weight.

The state’s Industrial Hemp Development Act also states that industrial hemp is not marijuana, offering a clear distinction between cannabis material with a high Delta-8-THC concentration (which is a controlled substance in the state) and materials that are derived from natural industrial hemp.

Thanks to this phrasing, Delta-8-THC is legal according to Minnesota law.

Here are some highlights from Minnesota state law:

INDUSTRIAL HEMP DEVELOPMENT ACT.

18K.02 DEFINITIONS.

Subd. 3.Industrial hemp. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.

MINNESOTA STATUTES 2019. CHAPTER 152. DRUGS; CONTROLLED SUBSTANCES

152.01 DEFINITIONS.

Subd. 9. Marijuana. “Marijuana” means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana does not include hemp as defined in section 152.22, subdivision 5a.

152.02 Subd. 2. Schedule I.

(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of the following substances, their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible:

(1) marijuana;

(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic equivalents of the substances contained in the cannabis plant or in the resinous extractives of the plant, or synthetic substances with similar chemical structure and pharmacological activity to those substances contained in the plant or resinous extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;

152.22 DEFINITIONS.

Subd. 5a.Hemp. “Hemp” has the meaning given to industrial hemp in section 18K.02, subdivision 3.

Two hemp plants, the federally legal source of Delta-8-THC, just before harvest.

Delta 8 THC Laws in Nearby States

Many states near Minnesota take a similar position on Delta-8 products, including WisconsinNorth Dakota, and South Dakota. That means that the hemp-derived Delta-8-THC legal products found in the area and the local hemp regulations may vary greatly.

Is Delta-8 a Controlled Substance in Minnesota?

The Minnesota Controlled Substances Act specifically declares that tetrahydrocannabinols found in the genus Cannabis are controlled substances “unless specifically excepted.” Thankfully, state legislation makes a specific exception by legalizing cannabis material that contains less than 0.3% Delta-9-THC (hemp).

Therefore, Delta-8-THC that is derived from legal hemp is not considered a Controlled Substance in the state of Minnesota.

Delta 8 THC Legal Possession Limits in Minnesota

Minnesota state law does not set forth any specific possession limits for hemp material, including Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Minnesota?

In 2014, the state passed the Minnesota Medical Cannabis Act which legalized the medicinal use of cannabis for qualifying patients on a limited basis. The state only allows patients with a state-issued Medical Cannabis card to access certain forms of cannabis, like tinctures, pills, and vaporizers, but not cannabis flower.

Recreational cannabis (Delta-9-THC) is not legal in the state. Illegal possession of fewer than 42.5 grams of cannabis in Minnesota is punishable by a $200 fine. Larger amounts carry a more serious punishment of up to 5 years in prison and a $5,000 fine.

Where to Buy Delta 8 in Minnesota?

A selection of Delta-8 vaporizers, available in areas where Delta-8 is legal.

According to state hemp laws, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. You may be able to buy Delta-8-THC in Minnesota at a variety of stores and marketplaces.

Still, it’s advisable to proceed with caution when choosing a Delta-8-THC distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

Is it Legal to Buy Delta 8 Online?

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018, meaning they contain less than 0.3% Delta-9-THC. That means they are legal to buy online and will ship to any area Delta-8-THC legal area.

We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

How Old Do You Have to Be to Buy Delta 8 in Minnesota?

There are no state regulations that place age restrictions on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8-THC products, but many retailers require consumers to be at least 21 years of age.

Is Delta-8-THC Legal at the Federal Level?

Yes! the Hemp Farming Act of 2018 officially made Delta-8-THC legal by redefining "hemp" and "marijuana." Now, all hemp material that contains 0.3% of Delta-9-THC or less is federally legal, including its derivatives, cannabinoids, isomers, and other extracts.

Is Delta-8-THC Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine its own stance on tetrahydrocannabinols derived from hemp. Thankfully, updates to state law made Delta-8-THC legal in Minnesota, but you should read more about Delta-8-THC laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “2020 Minnesota Statutes, 18K.02 DEFINITIONS.” https://www.revisor.mn.gov/statutes/cite/18K.02
  5. “2020 Minnesota Statutes, 152.01 DEFINITIONS.” https://www.revisor.mn.gov/statutes/cite/152.01
  6. “2020 Minnesota Statutes, 152.02 SCHEDULES OF CONTROLLED SUBSTANCES; ADMINISTRATION OF CHAPTER.” https://www.revisor.mn.gov/statutes/cite/152.02
  7. “2020 Minnesota Statutes, 152.22 DEFINITIONS” https://www.revisor.mn.gov/statutes/cite/152.22
  8. “Minnesota Session Laws - 2014, Regular Session” https://www.revisor.mn.gov/laws/2014/0/311/
  9. “Minnesota Marijuana Laws” https://statelaws.findlaw.com/minnesota-law/minnesota-marijuana-laws.html

 


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