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January 11, 2023
Delta 8

Is Delta-8 Legal in Minnesota?

Hemp-derived delta 8 THC is legal in Minnesota, making it possible to produce, buy, sell, and distribute delta 8 products in the state.

  • Hemp-derived delta-8 is legal in Minnesota.
  • You can possess, use, distribute, sell, and produce delta-8 cannabis products legally.
  • Other delta-9 isomers such as THC-O and delta-10 are also legal, so long as they are sourced from legal hemp plants.
  • Hemp-derived CBD is legal in Minnesota without restrictions.
  • Medical marijuana is legal in Minnesota with some restrictions.
  • Recreational marijuana isn’t legal and recreational use, possession, sale, distribution, or production of marijuana products in Minnesota is prohibited.

What Is Delta-8 THC?

The Cannabis sativa plant produces many different cannabinoids naturally, including delta-8 tetrahydrocannabinol (THC). Delta-8 THC is similar in terms of its structure to classic delta-9 THC, the cannabinoid found in the cannabis plant most abundantly that causes euphoria, happiness, and “high” feelings.

Delta-8 THC exists only However, only in trace amounts in the cannabis or industrial hemp plant, so most brands start with CBD and convert it to delta-8 THC.

Delta-8 THC produces milder psychoactive effects and fewer classic cannabis side effects because it is an isomer of delta-9 THC. Although delta-8 and delta-9 THC are similar, most often when people refer to cannabis, they mean hemp-derived delta-9 THC.

Is Delta-8 THC Legal in Minnesota?

Yes, delta-8 THC products are now legal under Minnesota state law. The new law means the possession, use, distribution, sale, production, and purchasing of hemp and hemp-derived products are all legal.

Minnesota statutes are exactly in line with federal law detailed in the 2018 Agriculture Improvement Act (Farm Bill). Both state and federal law in Minnesota make all cannabinoids, flavonoids, terpenes, derivatives, isomers, and salts from hemp plants legal.

For hemp-derived delta-8 THC to be legal, the source hemp plants must contain no more than 0.3% THC limit based on their dry weight. If the plants contain over 0.3% THC, they are considered illegal controlled substances by state and federal governments.

What About Medical Marijuana?

Minnesota legalized marijuana for medical use in 2014. SF 2470 and the Minnesota State Board of Pharmacy created a legal framework for patients with qualifying conditions to access medical marijuana products in non-smokable forms.

You can’t buy pre-rolled joints, vape pens, or dabs in a medical cannabis dispensary, but you can choose from liquids, pills, tinctures, and other approved methods.

What About Recreational Cannabis?

No. In Minnesota, adult-use or recreational marijuana remains illegal.

What Types of Delta-8 Products are Legal in Minnesota?

The range of delta-8 products that exist on the market includes delta-8 gummies, beverages and other edibles. Their THC content varies, although most high-quality brands will provide those details via third-party lab testing.

Although they exist, you will not see vape carts, concentrates or pre-rolls with any kind of cannabinoid in them in Minnesota (at least not legitimately) since inhaled products are illegal.

Remember, like other natural supplements, delta-8 THC products are not regulated by the US Food and Drug Administration (FDA). Become a label reader!

In Minnesota, you can buy third-party tested delta-8 products derived only from federally compliant hemp plants with less than 0.3% THC on a dry weight basis. Inhaled products like delta-8 vapes and flower products remain illegal under Minnesota state law.

Where to Buy Delta-8 THC Products in Minnesota?

You can buy delta-8 THC from online retailers and in stores and dispensaries across Minnesota, especially in the Minneapolis-St Paul area. As always, we recommend sourcing consumable hemp products from online vendors. These vendors tend to have higher quality, more rigorous standards, and the best delta products overall.