December 09, 2020 6 min read

A U.S. map showing Minnesota and surrounding states

As hemp was legalized on a federal level, states were also given the right to determine their own stance on hemp-derived CBD products.

While some states, (like California and Hawaii) have pretty strict bans on most CBD products, others readily legalized and launched hemp agriculture programs. Minnesota fell somewhere in the middle.

So, is CBD legal in Minnesota? And if so, where can you find it?

Luckily, hemp products are legal in Minnesota, but the state restricts certain forms of CBD products while awaiting more FDA regulation.

To understand what this means for consumers, read more about Minnesota CBD laws below:

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.

Key Takeaways

  • Minnesota has legalized hemp and its derivatives, like CBD, and finally received approval from the USDA on their current hemp agriculture plan in 2020.
  • The state still has specific regulations against certain types of CBD products, like food, drinks, and dietary products. Unrestricted CBD products may be found in pharmacies.
  • Despite legal limitations, CBD is accessible across the state. There are no minimum age requirements for buying CBD, but vendors may set the age limit as high as 21.
  • Minnesota imposes Certain regulations under their new USDA approved hemp plan, but quality regulations are still lacking across the industry. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

Two CBD oil tinctures, a popular type of CBD that may be difficult to find in stores in Minnesota.

What are the CBD laws in Minnesota?

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.

Two CBD gummies, which Minnesota residents may need to purchase out of state or online.

Are CBD gummies legal in Minnesota?

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.

Does Minnesota have a CBD possession limit?

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.

Can doctors prescribe CBD in Minnesota?

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.

Where to buy CBD in Minnesota?

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.

Can you buy CBD in Minnesota at 18?

At both state and federal levels, there are generally very few regulations regarding the legal age for buying CBD. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

In Minnesota, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Michigan.

Is CBD legal in all 50 states?

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.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “CHAPTER 18K. INDUSTRIAL HEMP DEVELOPMENT” https://www.revisor.mn.gov/statutes/cite/18K
  3. “Minnesota Department of Agriculture Hemp Program” https://www.mda.state.mn.us/plants/hemp#:~:text=The%20Minnesota%20State%20Plan%20for,to%20be%20Accepted%20by%20USDA.&text=The%20Hemp%20Research%20Pilot%20Program,cultivation%2C%20and%20marketing%20of%20hemp.
  4. “18K.02 DEFINITIONS” https://www.revisor.mn.gov/statutes/2019/cite/18K.02
  5. “FAQS REGARDING MINNESOTA'S HEMP PROGRAM” https://www.mda.state.mn.us/plants/hemp/industhempquestions#Food%20Safety

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