As CBD and Delta 8 have become more popular, states have changed their regulations after the 2018 federal Farm Bill legalized hemp, while recent changes in Minnesota law have affected products that derive from industrial hemp. This means that the legal status of delta-8 gummies and other edible products has changed. Don’t worry, they didn’t become illegal. The law changed the number of cannabinoids in packaging, the age restriction for buying hemp products, and the requirement that the packaging say that they aren’t products intended for children.
Even then, the legal situation on cannabis has changed throughout the years. From the legalization of cannabis for medicinal purposes to the last adjustments to edible and food-related products, there have been moments in time when legislation has changed.
Hence, we’ve made this small guide to understand how certain cannabinoids work in Minnesota. We also explore whether you need a card to buy certain products, what qualifies as medicinal marijuana, and even how actual D8 gummies are legal in the state. So let’s dive into the legal status of cannabinoids, specifically Delta-8-THC.
Are Delta 8 Gummies Legal in Minnesota?
Let’s start with the basics. Yes, delta-8 THC is legal at a federal level thanks to the 2018 Farm Bill. This law update classifies hemp as a non-controlled substance, including derived cannabinoids like CBD, D8 THC, and D10 THC. That means that products that contain D8 are fully legal, yet some things are important to notice. Minnesota abides by the 2018 Farm Bill.
But in July 2022, the state placed a restriction on CBD as a food additive. The new update to the law allows edible products to contain cannabinoids up to 50mg per package and 5mg per portion. The newest law also restricts anyone under 21 years old from buying hemp-based products like CBD and D8 THC. But, more importantly, this update to the law also accidentally legalized delta-8 gummies state-wide.
As the new law gives hemp products legal guidelines to follow, it also allows for hemp-infused gummies to be bought and sold as long as they comply with the regulation. This means you are now able to buy CBD and D8 THC products without any need for a medical marijuana card or registration and even through online dispensaries, which were in a grey zone.
While in 2014 the law regulated medicinal cannabis for restricted use, and in 2020 the state law extended this to CBD, this new law basically updates the status for edibles making them legal for anyone over 21 as long as they are compliant with the law’s guidelines.
This latest update to state law started in 2020 as part of a public health movement to understand hemp consumption, mainly the over-the-counter consumption of edibles. It also pushes producers to mention their products are not for children on their packaging and reduces the overall portion of the packaging.
Do I Need a Medical Card in Minnesota to Order Delta-8 THC Edibles?
No, you only need a medical card for buying products that classify as marijuana. Thanks to the 2018 Farm Bill Act, CBD, D8, and other cannabinoids extracted from hemp are not considered marijuana and such not considered a controlled substance.
Delta 9 THC or regular marijuana is legally accessible in Minnesota only through a permit that’s obtained through a recommendation from a healthcare provider. So even though cannabis is banned federally, Minnesota allows for the legal consumption and distribution as medical marijuana. Recreational use though is illegal.
While possession is decriminalized under 42.5-grams, you cannot legally consume from a dispensary. There is also a way to enjoy D9 THC as long as it's extracted from hemp and it’s fully compliant with the Farm Bill. This can be done when delta-9 can be extracted from the hemp plant or when used in additives in a lower quantity than the 50mg per pack threshold.
Delta 8 Vapes & The Pact Act
One of the things you might be wondering is if the recently passed PACT (Prevent All Cigarette Trafficking) Act affects D8 vapes. Basically, this federal law requires that all vape pen vendors need to verify the age of the buyer before making a sale. Basically, all companies that sell some sort of vaping device must abide by PACT, as it is part of the age verification process for purchase.
So we recommend you only buy from companies that do this check, as it is part of a requirement to abide by federal law. To sum up, vape products, in general, have to abide by the PACT act to verify you are of age. The latest update to the law that regulates hemp in Minnesota requires you to be at least 21 years old to buy CBD and other hemp-derived extracts as well.
How to Use Delta-8 THC
You can use D8 THC in many ways. From smoking delicious flower, similar to the original “puff puff pass” ritual to easily microdose delta-8 infused gummies, the sky is the limit. And with products like tinctures, you can easily add drops to your favorite drink or food and maybe delve into some hemp-based cooking. D8 comes in similar presentations to CBD, so you’ll find anything from vape pens, cartridges, edibles, and tinctures, to the classic herb.
Vapes and carts give a softer vapor than traditional smoke, so it can be a nice experience if you think smoking is a bit too harsh. Whatever way you choose to enjoy D8 THC, the best way to use it is to start slow. Delta-8 THC is a mild psychoactive, all-natural cannabinoid that can have some mild euphoric and relaxing effects. So if you’ve never tried THC, this could be a great starting step.
Is Delta-9 THC Legal in Minnesota
Yes, to a degree. As we mentioned above, delta-9 THC is only legal for medical use in Minnesota. This means you cannot freely buy products that are classified as marijuana unless you get a permit from a healthcare provider.
Also, by state law, as long as a product contains less than 5mg per serving size and with no more than 50mg per package and it complies with the 2018 Farm Bill, you can have D9 THC. Although you can go through the approval process to purchase D9, we recommend starting with other more readily accessible cannabinoids such as D8 THC.
Is Delta-10 THC Legal in Minnesota
Yes, delta 10 THC and other hemp-derived cannabinoids are fully legal according to both federal and state law. As long as it complies with the 2018 Farm Bill restriction of having less than 0.3% of d9 THC per weight, cannabinoids like D8 THC, D10 THC, CBN, and CBG are fully legal. These cannabinoids are treated the same as CBD, so their production and consumption are only restricted by the latest July 2022 state law.
The Future of Delta-8 THC Gummies in Minnesota
As a state that falls in the middle of strict or lax legislation around hemp and cannabis, Minnesota has allowed for some changes as part of a public health project. With the latest update to the law, we appear to have wider access to many other cannabinoids in the market, within certain restrictions. Of course, this means D8 and other cannabinoids are not banned or restricted, but the way we consume hemp-based products can change.
This also means we should expect higher quality standards and other kinds of products to appear. While D9 THC stays illegal for its recreational use in the state, it is still available for medical patients. So as public health policymakers better understand how cannabis works, we can expect more comprehensive legislation on the topic.
We might also see some changes to the most recent law, as it was technically passed by mistake. So lawmakers might see this as a reason to review the recent changes with more scrutiny. In the end, only time and how the market behaves can tell what is in store for hemp or cannabis.
Where to Buy Delta-8 THC Gummies in Minnesota
We only recommend buying CBD and delta-8 THC products from brands that you can trust. This means they are compliant with the 2018 Farm Bill and the PACT act, have third-party lab results available on their website, and overall give you a sense of trustworthiness.
This is why here at Botany Farms we take the utmost care with our products to comply with both federal and state law so you only get the best from the best. If you want to try D8, we have our delicious Delta-8 Gummies. These come in a mixed pack with fruity flavors like tangy pineapple, delicious peach, and tropical mango. These small treats come in a 15-piece pack and contain 30mg of D8 THC and only 2mg of D9 THC thanks to the broad spectrum formula.
We also have our Delta-9 THC Gummies which are fully 2018 Farm Bill compliant. These come in a delicious tropical pineapple flavor, come in a 15-piece per jar, and with 10mg of D9 THC and 14mg of high-quality CBD. If microdosing is your jam, we have a similar formula with our Delta 9 Microdose Gummies Blue Raspberry. These only have 5mg of D9 THC and 5mg of CBD in a 1:1 ratio, to start your journey into hemp.
If psychoactive cannabinoids are not your deal, our top-shelf CBD Gummies Peach is an excellent alternative. These can help you relax and unwind, while also helping for pain relief and stress. Each of these gummies contains 25mg of our premium high-quality broad spectrum CBD distillate. They come in a 12-pack, perfect to enjoy and dose one at a time.