Minnesota recently legalized the use of THC-infused products for persons aged 21 and above. So, as you can expect, it created quite a bit of fun fair, considering the state has traditionally opposed marijuana legalization efforts.
Nonetheless, the new cannabis law comes with strings attached. So if you're a Minnesotan and a lover of cannabis, there are a few things you should know. We want to ensure that you enjoy cannabis products without infringing on the law.
After all, cannabis is widely used recreationally, so it makes no sense to have illegal fun. So, in this article, we take a deep dive into one of the psychoactive components of cannabis – delta-8. We also discuss the federal and state laws regarding its use in Minnesota and places where you can get it.
If you're still locked on, let's go!
- Delta-8 is legal in most states through a technicality – an oversight in the 2018 Farm Bill that defined legal cannabis based on its quantity of delta-9 THC.
- Minnesota's cannabis laws are hinged on the Farm Bill, but some cities have enacted a moratorium on these laws pending the establishment of licensing and zoning procedures.
- Smokeless is your best alternative when shopping for high-quality, reliable delta-8 products in Minnesota.
Is Delta 8 THC Legal in Minnesota?
The straight answer is yes; delta-8-tetrahydrocannabinol (delta-8 THC) is now legal in Minnesota. But before we expound on the terms and conditions surrounding its legality in the state, let's get a few points across.
The main active ingredient in cannabis is delta-9. It's mainly obtained from marijuana, which tends to have higher concentrations than hemp. Its extraction is relatively cheap and simple, making its derivatives easier to access on the market. However, marijuana is a Schedule I substance as per the Controlled Substances Act (CSA), so it's federally illegal.
On the other hand, delta-8 is naturally produced in minute quantities, so it's a minor cannabinoid. Moreover, its extraction is notoriously expensive, making little economic sense. So researchers have developed a way to synthesize it from CBD using solvents. Though the conversion process can be costly, it has made the production of delta-8 products much easier.
Given the laws governing the production of delta-8 and delta-9 products, the former is strictly processed from hemp rather than marijuana.
Regarding legality, delta-8 is technically legal in Minnesota owing to the 2018 Farm Bill. This bill legalized the cultivation of industrial hemp—defined therein as cannabis with a delta-9 THC concentration of less or equal to 0.3% on a dry weight basis.
Since the bill does not directly mention delta-8, which is also typically produced in lower concentrations than delta-9, hemp farmers use this loophole to market delta-8 products throughout the country.
Even though some states have enacted laws prohibiting delta-8, Minnesota isn't one of them. It continues to leverage the language used in the Farm Bill to allow the sale of delta-8 products.
In August 2020, the Federal Drug Enforcement Agency (DEA) passed an Interim Final Rule (IFR) which effectively classified all types of synthetic THC as Schedule I substances if their THC concentration is higher than 0.3%. Because delta-8 is often synthetically derived, the IFR tentatively criminalizes it at the federal level.
Are Delta 8 Gummies Legal in Minnesota?
Yes, delta-8 gummies are legal in Minnesota if the active ingredient (delta-8) is obtained from hemp with less than 0.3% delta-9 THC. This is due to recent cannabis regulation in the state that allows people aged 21 and above to buy and consume edibles (food and beverages) with small amounts of hemp-derived THC.
Delta 8 THC Federal Laws
This takes us back to the 2018 Federal Farm Bill that removed hemp from the Schedule I list of controlled substances. With the legalization of hemp, all its derivatives also became legal.
Delta-8 THC is not federally controlled due to an "oversight" in the 2018 Agriculture Improvement Act. Under this regulation, cannabis with 0.3% delta-9 THC or below–levels deemed insufficient to have a psychoactive effect–are legal.
In effect, the bill's failure to address delta-8 THC levels is a loophole that's been exploited by cannabis manufacturers to sell the substance, commonly in the form of oils and tinctures, vape cartridges, and edibles, with no restrictions nationwide.
Delta-8 THC Laws in Minnesota
On July 1, 2022, Minnesota legalized the use and consumption of cannabis products with no more than 0.3% THC content. THC, in this respect, refers to delta-9 THC. There isn’t much mention of delta-8 in the state’s regulation.
Further, these products cannot have more than 5 milligrams of delta-9 THC per serving or more than 50 mg of THC per package.
Minnesota Law Regarding Delta-8 THC
Minnesota's marijuana laws don't refer much to delta-8 THC due to the language used in the 2018 Farm Bill, which defines permissible cannabis based on the concentration of delta-9 THC and not delta-8 THC.
Whether this might change in the future remains uncertain. In recent months, 14 states (Arkansas, Alaska, Arizona, Iowa, Colorado, Mississippi, Vermont, Delaware, Kentucky, Iowa, New York, Montana, Rhode Island, and Utah) have signaled their intention to ban delta-8, citing inadequate research findings on its psychoactive properties.
But not all states share this point of view. For example, a Texas state bill clause that would have criminalized delta-8 was struck out, keeping the compound completely legal.
Even though Minnesota permits the sale and use of delta-9 THC, its cities have enacted a moratorium on the current law that makes delta-9 legal in the state. At the moment, delta-9 THC remains illegal in Robbinsdale, Stillwater, St. Joseph, Marshall, Wayzata, Prior Lake, Marshall, and Shakopee.
However, the moratorium only intends to give cities more time to develop licensing processes and zoning regulations before allowing the sale of THC-infused products.
Can You Order Delta-8 THC Online to Minnesota
Why not? Most cannabis companies in Minnesota run online stores where customers can order their products. In this age, it would be a poor business strategy to run a business without giving clients the option to make purchases online.
So, if you prefer buying delta-8 THC online, you can order from anywhere in Minnesota. With tried-and-tested vendors like Smokeless, your product is delivered right to your doorstep.
Where to Buy Delta-8 in Minnesota
We recommend buying cannabis products only from accredited companies and brands. That's the only way to ensure your product is safe for human use.
Alternatively, you can check out our stores in Northeast Minneapolis (514 E. Hennepin Avenue), Burnsville (1607 County Rd. 42 W), Bloomington (8563 Lyndale Avenue S), and Woodbury (8470 City Centre Drive). We are open from 10 am to 8 pm, Monday to Saturday, and on Sunday from 10 am to 6 pm.
Where to Buy Delta-8 Gummies in Minnesota
Delta-8 gummies are a huge hit, especially among cannabis users who prefer a low-key THC experience. Being less potent than delta-9, delta-8's effects are not as intense as those of its cousin delta-9.
So if you want to try Delta-8, Foundry’s Delta-8 Gummies are exactly what you need. These sweet edibles offer you an easy and convenient way to do so. Each gummy delivers 25 milligrams of potent hemp-derived delta-8 to help boost mood, support relaxation, and improve sleep. This package is ideal for heavy users (30 gummies per package).
For light to moderate users, we have the same gummies but in a smaller package (10 gummies per package). These gummies come in assorted fruit flavors, including tropical punch, blue raspberry, and strawberry.
Despite being less potent than delta-9, delta-8 may make you intoxicated. Don't overdo it — stick within the recommended dosing guidelines.
We also don't recommend driving or handling heavy machinery when using these products. They may have some potential side effects, like drowsiness, which might impair your ability to work.
As a best practice, always consult a medical professional before using delta-8 products.
Check out this video to learn why we insist on buying cannabis products from approved vendors: