February 19, 2021 7 min read

Federal law says the mildly psychoactive cannabinoid is 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.

Here’s the down low on Minnesota’s Delta-8-THC 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.

Table of Contents
Delta-8-THC and Federal Laws
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
Do You Have to Be 21 to Buy Delta-8?
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 products made from hemp. 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.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

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

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. Many states in the area take a similar position on Delta-8 products, including Wisconsin, North Dakota, and South Dakota.

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.

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 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 is not legal in the state. Illegal possession of less 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 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.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. 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.

Do You Have to Be 21 to Buy Delta-8 in Minnesota?

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

Is Delta 8 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 their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Minnesota according to state law, but you should read more about Delta-8 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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