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CHRONICLING LEGAL CANNABIS IN MINNESOTA

By Matt DeLong

In this week’s Nuggets: An administrative law judge tosses Minnesota ban on shipping hemp products; the first flower from a new state-licensed cultivator hits store shelves; Mankato officials say all available cannabis retail spots are claimed; Albert Lea advances cannabis ordinance that would double city’s pot retailers; Bemidji approves its first cannabis retail store after months of deliberation; the FDA misses deadline to publish list of cannabinoids, define "containers"; and the New York Times Editorial Board says America has a "marijuana problem."

Judge tosses Minnesota ban on shipping hemp products: Retailers selling edibles with low doses of cannabinoids derived from hemp can ship products directly to customers, a judge with the Minnesota Court of Administrative Hearings ruled on Thursday. The order stems from a complaint filed by Leili Fatehi, a cannabis lobbyist, business owner and partner with the Minneapolis-based consulting firm Blunt Strategies, over a rule that required in-person transactions. The complaint was filed on behalf of several owners of businesses that make and sell hemp-derived products, who argued that the Office of Cannabis Management’s ban on shipping directly to customers does not comply with state law. Read more.

Related: Here is the OCM's full statement in response to the order:

We are disappointed with the order issued today by the State Court of Administrative Hearings. Nothing in the decision changes the underlying law, including the statutory requirement for licensed hemp retailers to verify the age of the customer through ID verification — by an employee or independent contractor of the business — before initiating a sale or completing a delivery. The law also states that a licensed hemp retailer must not sell or deliver a lower-potency hemp edible to a person who is visibly intoxicated.

The office has worked diligently to remove barriers preventing businesses from participating in this new industry. We have supported hemp and cannabis businesses — many of whom are not accustomed to working with government in a highly regulated marketplace — through developing extensive resource materials that explain complex statutory language in plain language.

We remain committed to, whenever possible, offering businesses the clear statutory guidance that they need and are asking for to be successful.

First flower from new state-licensed grower hits shelves: Around 11:30 a.m. Thursday, Minnesota recorded its first sale of cannabis flower cultivated by a new state-licensed microbusiness. The strain was Pound Town from Greenest Pastures in Hinckley, which received its license in late August. The retailer that sold it was Frostbite Dispensary in Roseville, which opened its doors Jan. 5. Jacob Affeldt, who co-owns Frostbite with his wife, Abigail, told Nuggets that he has two strains from Greenest Pastures in stock (the other is Mint Jelly). His store did brisk business yesterday but remains well-stocked for now, he said. He expects to receive another shipment next week. 

If you find adult-use cannabis products from other new state-licensed businesses available for sale at a Minnesota retailer, we want to hear about it! Please send an email to nuggets@startribune.com to let us know what you bought and where, as well as what you thought of it.

Mankato officials say all available cannabis retail spots are claimed: “Two cannabis dispensaries opened in Mankato last fall, and more could be on the way as competition increases for a limited number of licenses. … Another potential addition is Island Pezi, a tribal-owned cannabis dispensary operated by the Prairie Island Indian Community, which also owns Treasure Island Casino. … City officials say all available dispensary slots have been claimed. While tribal-owned dispensaries may count toward the city’s limit at its discretion, the city has not said whether Island Pezi has taken one of those remaining slots,” Jeff Spence reports for SouthernMinnesotaNews.com. Read more.

Albert Lea advances cannabis ordinance that would double city’s pot retailers: “The Albert Lea City Council on Monday approved the first reading of an amendment to the city’s ordinance surrounding cannabis and tobacco, including a change that would increase the number of cannabis retail registrations in the city from two to four,” Sarah Stultz reports for the Albert Lea Tribune. Read more.

Bemidji approves its first cannabis retail store after months of deliberation: “The Bemidji Planning Board voted 6-1 to approve an Interim Use Permit for Julie Canty's proposed business, First City Cannabis. This follows two planning commission meetings where the business was nearly denied due to its location,” TJ Rhodes reports for the Bemidji Pioneer. Read more.

FDA misses deadline to publish list of cannabinoids, define ‘containers’: The Food and Drug Administration (FDA) faced a Tuesday deadline to fulfill requirements set forth in the new federal law that will ban products with more than 0.4 milligrams of THC per container later this year. The law mandated that, within 90 days of passage, the FDA publish a list of all known natural or synthetic cannabinoids with “similar effects to, or marketed to have similar effects to,” tetrahydrocannabinol (THC). It also required the FDA to publish a definition of “container” for the purpose of enforcing the law. The deadline came and went, and as of Thursday afternoon, the FDA has not published either to its website. 

New York Times Editorial Board says America has a ‘marijuana problem’: “This editorial board has long supported marijuana legalization. In 2014, we published a six-part series that compared the federal marijuana ban to alcohol prohibition and argued for repeal. Much of what we wrote then holds up — but not all of it does. At the time, supporters of legalization predicted that it would bring few downsides. In our editorials, we described marijuana addiction and dependence as ‘relatively minor problems.’ Many advocates went further and claimed that marijuana was a harmless drug that might even bring net health benefits. They also said that legalization might not lead to greater use. It is now clear that many of these predictions were wrong.” Read more.

Did you miss last week's Nuggets? Read it here.

This tent full of flowering White Truffle plants was submitted by Grant in Minneapolis. Thanks for sharing!

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.

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.

Feb. 15 (Sun.): Light 'Em Up The Bong Show - "The Hook is teaming up with local comic/host/producer Ira Ford, our friends at Retro Bakery, Smoke SuMN, TerpWolves, Zen Arcade, Green Piece Minnesota and 12 very special Midwest comedians to present a live stand-up showcase/competition." 7-10 p.m. Hook and Ladder Theater, 3010 Minnehaha Av., Minneapolis. More info.

Feb. 27-28 (Fri.-Sat.): Lucky Leaf Expo Minneapolis - "Come network with some of the best professionals in the cannabis industry during our two-day cannabis conference." Minneapolis Convention Center, 1301 S. 2nd Av., Minneapolis. More info.

Feb. 27 (Fri.): Canna Connect's Lucky Leaf After Party - "Enjoy local food, a free drink, and community networking. 21+ only." 5-10 p.m. Earl Giles Restaurant & Distillery, 1325 Ne. Quincy St. Suite 100, Minneapolis. More info.

CORRECTION: An item in the calendar section of last week's edition of Nuggets misstated the name of 23rd State's new THC-infused sparkling wine alternative. It is called Blush Crush.