CHRONICLING LEGAL CANNABIS IN MINNESOTA |
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In this week’s Nuggets: The federal shutdown deal could kill Minnesota’s hemp-derived THC market; what the changes to federal law mean; Minnesota hemp-derived THC companies prepare to fight ban on Capitol Hill; Clemon Dabney argues that Congress should follow Minnesota’s model in regulating hemp; let us know if your licensed adult-use cannabis retail store is open or opening soon; and the OCM begins accepting applications for grant program for communities harmed by cannabis prohibition.
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Federal shutdown deal could kill Minnesota’s hemp-derived THC market: Minnesota’s pioneering hemp-derived THC industry could collapse due to a provision included in the deal to end the federal government shutdown. The bill signed by President Donald Trump on Wednesday includes language that would effectively ban hemp products containing more than 0.4 milligrams of THC, the psychoactive ingredient in cannabis. That limit would outlaw intoxicating hemp-based products in Minnesota, which allows edibles containing up to 5 milligrams of THC per serving and beverages containing up to 10 milligrams. The federal ban is set to take effect one year after passage. Read more. (Gift link.)
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What the changes to federal law mean: Here’s a summary of what the hemp-related provisions signed into law this week would do when they take effect in November 2026 without additional changes to federal law. You can read the relevant portions on pages 64-67 of the bill. |
- Hemp is redefined in federal law to include plant material or other products containing no more than 0.3% total THC by dry weight. “Total THC” includes Delta-9 THC and all other forms of THC, including THCA and Delta-8 THC.
- Seeds produced by cannabis plants containing more than 0.3% total THC by dry weight are explicitly excluded from the new definition of hemp.
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Products containing cannabinoids that are not produced naturally by cannabis plants, or cannabinoids that cannabis plants can produce but are manufactured outside the plant, are excluded from the definition of hemp. This would include most hemp-derived THC drinks or edibles on the market today, which contain Delta-9 THC synthesized from CBD.
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Any product containing more than 0.4 milligrams of total THC, or other cannabinoids marketed to have similar effects to THC, per container are excluded from the definition of hemp. This likely includes many CBD products that may contain trace amounts of THC or other cannabinoids.
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Products that exceed the 0.3% total THC limit or are excluded from the definition of hemp as described above will be considered marijuana, which remains a Schedule I controlled substance under federal law.
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Within 90 days, the U.S. Food and Drug Administration (FDA) must publish lists of: all cannabinoids known to be naturally produced by the cannabis plant; all known forms of THC produced naturally by the plant; all other known cannabinoids with similar effects, or marketed to have similar effects, to THC. The FDA must also provide a definition of the term “container.”
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What the Office of Cannabis Management is saying: The OCM issued a statement late Thursday saying it is “disappointed” by the changes to federal law. The agency plans to meet with representatives from the Minnesota hemp industry, state officials and policymakers to discuss a path forward. The OCM is currently reviewing more than 2,200 applications for lower-potency hemp edible business licenses, according to state data. The statement says the OCM “will continue to implement chapter 342 [the state’s marijuana law] as charged.” Here is the full statement:
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The U.S. Congress inserted a provision into the spending bill signed by the president late Wednesday evening ending the federal government shutdown that will significantly impact the federal legality of hemp-derived THC products across the country as well as Minnesota’s hemp-derived cannabinoid industry.
Minnesota has been a leader in the hemp space. As entrepreneurial businesses — including Minnesota’s craft breweries — led the way in establishing the hemp-derived THC beverage industry, the state established an effective regulatory framework to protect public health and safety. We are in the process of licensing these businesses now.
We are disappointed to see the federal government make such significant changes in the federal framework. Instead, we believe that a system that allows Minnesota’s approach in chapter 342 — licensing businesses, testing products, clear packaging and labeling, and mandatory age verification—is the best way to ensure the products that Minnesotans are seeking are available and safe.
This is a complex issue that will require careful evaluation of the impacts on existing and still-establishing regulatory systems. The Office of Cannabis Management will work with the Minnesota Attorney General’s Office, the Minnesota Department of Agriculture, the Minnesota Legislature, hemp businesses, and cannabis industry participants to understand and address the specific impact on Minnesota’s hemp-derived THC industry. While further assessment is ongoing, the office will continue to implement chapter 342 as charged. We are preparing to host a discussion soon with participants of the hemp industry, state officials and policy makers to discuss the impacts of this new law and how Minnesota will chart a path forward.
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OPINION | Instead of crushing the THC market, Congress should follow Minnesota’s model in regulating hemp: "Minnesota showed this can work. Let’s not let Washington unlearn our lesson," writes Star Tribune columnist Clemon Dabney. Read more. |
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Is your licensed adult-use cannabis retail store open or opening soon? Let us know! We are tracking all the locations in Minnesota where consumers can purchase recreational marijuana products with this free map, which we are updating regularly. If you know of any locations that are open for business with adult-use products on the shelves, or one that is opening soon, please use the form below the map to let us know. This week we added several more retailers, including Wildflower Northeast in Minneapolis, Blaine’s Loon Leaf and Lucky Strains in New Brighton.
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OCM accepting applications for grant program for communities harmed by cannabis prohibition: The OCM announced this week that it is accepting applications for $10.9 million in CanRenew grants. The program provides funds for community restoration projects to organizations in communities where residents are eligible to be social equity applicants. Grant awards are expected to range from $2,500 to $2 million for projects related to “economic development, social determinants of health, violence prevention, civil labor aid, and youth engagement,” according to a news release. The grants are not intended to support cannabis businesses or for revenue-generating projects. The OCM previously awarded a total of nearly $1 million in CanRenew grants to 11 organizations in August. The deadline to apply is 4:30 p.m. on Jan. 12. More information about the program can be found here.
Did you miss last week's Nuggets? Read it here. |
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Thanks once again to Chumbly in Chisholm for sharing this Appletizer autoflower from Mephisto Genetics, nearing the finish line. Please keep those photos coming! |
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Homegrowers, show off your plants! Share your best photo with us by clicking the button below and we'll publish one each week in Nuggets. By submitting a photo you affirm that you own the rights to it and you are granting permission to the Star Tribune to publish it on its platforms. |
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Talk to us! We want to hear what you think about Nuggets. Send feedback, questions, events, story tips or new feature ideas to nuggets@startribune.com. |
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Nov. 16 (Sun.): Light 'Em Up The Bong Show - "A unique and interactive comedy improv experience." 8-10 p.m. The Hook and Ladder Theater, 3010 Minnehaha Av., Minneapolis. More info. |
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Nov. 19 (Wed.): Minneapolis Cannabis Technical Assistance Program Webinar - A free webinar on the next steps after receiving license preliminary approval for cannabis businesses that plan to operate within the city of Minneapolis. Register by emailing clerk@shulmanbuske.com. Noon-1:30 p.m. More info.
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Nov. 19 (Wed.): CanRenew Grant Informational and Technical Assistance Session - "The Minnesota OCM will host an informational webinar to guide prospective CanRenew grant applicants through the request for proposals process." Registration required. Noon-1 p.m. More info. |
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Nov. 19 (Wed.): Canna Club Happy Hour - This weekly event will have a new home for the holidays at Steady Pour, but returns to Earl Giles Distillery on Jan. 7. 5-9 p.m. Steady Pour, 2125 E. Hennepin Av., Minneapolis. More info. |
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| Got questions about cannabis? |
Send them to us and we'll do our best to answer as many as we can in future newsletters. |
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