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Minnesota has established its own laws regarding hemp-derived CBD products following federal legalization.
So, is CBD legal in Minnesota? Yes, it is, although the state imposes restrictions on certain forms of CBD products while waiting for further FDA regulation.
For those looking to buy CBD oil in Minnesota, here's what you need to know about the state's CBD laws:
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Minnesota?
Are CBD gummies legal in Minnesota
Does Minnesota have a CBD possession limit?
Can doctors prescribe CBD in Minnesota?
Where to buy CBD in Minnesota?
Can you buy CBD in Minnesota at 18?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD 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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Minnesota legalized hemp and its derivatives, including CBD, through the Minnesota Industrial Hemp Development Act, which established a Hemp Pilot Program in 2014 and was further solidified by USDA approval of the state's hemp agriculture plan in 2020; however, while hemp-derived CBD products are legal, the state restricts their use in food, beverages, and medicinal claims, aligning with FDA regulations.
Here are the details:
Following the 2014 Farm Bill, Minnesota passed the Minnesota Industrial Hemp Development Act (IHDA), which allowed the Minnesota Department of Agriculture to create the state's first Hemp Pilot Program, which is similar in nature to the plans laid out by Michigan, Kentucky, and other hemp-forward states. Under the IDHA, various institutions could apply to cultivate hemp for research purposes.
In 2020, the state's official hemp agriculture plan was approved by the USDA. This plan expands access to hemp as an agricultural commodity and regulates hemp growing and quality testing standards according to the USDA requirements.
In 2019, the state updated legislation to reflect the new federal definition for hemp. Now, the state classifies hemp as any cannabis material and its derivatives, whether living or not, containing less than 0.3% THC on a dry weight basis.
Although the state has technically clarified the difference between marijuana and hemp, and hemp-derived CBD products are legal by definition, the state still restricts certain types of CBD products.
The state has clarified that it aligns with the FDA's current stance on CBD as a food additive. In Minnesota, CBD cannot be added to food, beverages, or other products intended for consumption. Other states, like Georgia, Louisiana, and California, have also adopted this law.
In Minnesota, CBD can also not be marketed with medicinal claims. There are no rulings against CBD topical products or other CBD products that meet state manufacturing and labeling requirements.
Minnesota, like many states, aligns with the FDA's ruling on CBD as a food additive. Currently, CBD cannot be added to products manufactured in the state. There are no laws that suggest consequences for consumer possession of CBD gummies that meet the state's legal requirements for hemp products.
To date, the state of Minnesota has not highlighted possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC may be classified as cannabis products, which are legal in the state only for medical use , but are subject to a different set of laws and restrictions.
In Minnesota, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal like Michigan, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
In Minnesota, CBD products that meet state requirements can be sold by state-licensed vendors. This includes the USDA approved regulations defined in the states' most recent hemp plans.
These restrictions are similar to the CBD sales model found in other states, like Illinois and Colorado, and they haven’t dampened CBD access in the state. Despite rulings against CBD as a food or dietary substance, the products are still accessible in grocery stores and convenience stores across the state.
Still, the state does very little to regulate product quality and consumer safety. This lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Minnesota according to federal guidelines, but is subject to various restrictions. Every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
The new CBD law in Minnesota allows the sale of hemp-derived CBD products, classifying hemp as cannabis containing less than 0.3% THC. However, CBD cannot be added to food, beverages, or marketed with medicinal claims.
As of now, states like Idaho and Nebraska have strict regulations regarding CBD, where certain forms of CBD products remain illegal. It's essential to check local laws for specific restrictions.
In Minnesota, there are no statewide age requirements to buy CBD, but many vendors may require customers to be at least 21 years old, especially in smoke shops.
Delta-8 is not explicitly banned in Minnesota, but it exists in a gray area of the law, as the state's regulations around hemp and CBD products continue to evolve.
Delta-8 and CBD are both cannabinoids derived from hemp, but delta-8 is psychoactive and can produce effects similar to THC, while CBD is non-psychoactive and is commonly used for its therapeutic properties.
Flying with delta-8 can be risky, as its legality varies by state, and airlines may have policies against carrying cannabis products. It's best to check both state laws and airline regulations before traveling with delta-8.
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