Is CBD Oil Legal in Minnesota?

  1. Minnesota Cannabis
  2. Minnesota CBD

What is CBD?

Cannabidiol, also known as CBD, is an active compound in cannabis and hemp plants. The cannabis plant contains over 400 chemical compounds, with over 80 active compounds known as cannabinoids. The two most abundant cannabinoids in cannabis are delta-9-tetrahydrocannabinol (THC) and CBD. THC has psychoactive effects on its users, while CBD does not intoxicate.

The first Food and Drug Administration (FDA) approved prescription cannabidiol, Epidiolex, treats seizures associated with rare forms of epilepsy such as Lennox-Gastaut syndrome and Dravet syndrome. Epidiolex is also effective in treating tuberous sclerosis.

Human clinical trials have shown CBD's ability to inhibit lung cancer cell invasion and its potential in treating inflammatory disorders, such as asthma, colitis, arthritis, oral inflammations, and anxiety. Extensive human studies show cannabis-derived CBD, such as Nabiximol (also known as Sativex), as having prospects in the treatment of several debilitating diseases.

There are three types of CBD. They are:

  • Broad-spectrum: This contains several cannabis plant compounds and trace amounts of THC.
  • Full-spectrum: This contains all the extracts found in the cannabis plant, including \<0.3% of THC.
  • Isolates: CBD isolates contain CBD only and no other compounds found in cannabis.

Cannabidiol-infused products are available to patients in several forms, such as capsules, patches, oils, vapes, creams, edibles, tinctures, suppositories, and sprays.

CBD sourced from hemp is legal on the federal level. The 2018 Agricultural Improvement Act, also known as the 2018 Farm Bill, differentiates hemp from marijuana and excludes it from the list of controlled substances. This made it legal to cultivate and grow hemp in the United States. The Agricultural Improvement Act defines hemp as Cannabis sativa-L, with a THC concentration of less than 0.3% on a dry weight basis. CBD is legal in the state of Minnesota.

Is CBD Oil Legal in Minnesota?

Yes, it is. The Minnesota Department of Agriculture (MDA) allows licensed processors to produce CBD oil from hemp plants. Effective January 1, 2020, products containing hemp-derived CBD became legal in Minnesota, provided all the conditions of Minnesota Statutes 151.72 on testing and labeling are met. Cannabis-derived CBD oil is only available to qualified patients through the Medical Cannabis Program.

What are Minnesota's CBD Laws in 2022?

The Minnesota Medical Cannabis Act, signed in 2014, paved the way for the establishment of the Medical Cannabis program and registry. Patients with qualifying medical conditions, certified by licensed health care practitioners, can get medical cannabis, including cannabis-sourced CBD. Sections 152.22 to 152.37 of the Minnesota statutes received some legislative changes in 2021 concerning patients, caregivers, health care practitioners, manufacturers, and the Office of Medical Cannabis.

The Minnesota Department of Agriculture (MDA) regulates the state's hemp industry underChapter 18k of the Minnesota Statutes. The revised Minnesota Industrial Hemp Plan governs hemp cultivation and production in the state.The state's Agriculture Improvement Act of 2018 guides Minnesota's hemp-CBD industry, and its hemp provisions took effect on January 1, 2020. The bill allows the sale of hemp-derived CBD products, provided they meet the required testing and labeling standards outlined in Section 152.72 of the 2021 Minnesota Statutes. According to this bill, CBD product manufacturers must:

  • Submit samples of their products to an independent testing laboratory to certify compliance with set industry standards.
  • Ensure samples do not contain trace amounts of pesticides or harmful compounds.
  • Ensure THC concentration does not exceed the legal limit.

Minnesota Statutes mandates testing for all hemp plants by the Minnesota Department of Agriculture. An inspector from the MDA must take plant samples for THC testing within 30 days of hemp harvest. Hemp testing results above 0.3% total THC are subject to a retest, remediation, or destruction. Hemp products for sale must not exceed the 0.3% Total THC threshold, as stated by federal law. Enforcement of testing and labeling is stringent. Per Section 151.38 of the Minnesota Statutes, embargoes are laid on falsely branded products. Cease and desist orders are taken against defaulting companies or legal action taken.

In 2019, the Sale of Certain Cannabinoid Products Workgroup (SCCPW) was created per Section 110 of Minnesota Session Laws - 2019, 1st Special Session. The workgroup was tasked with the responsibility of advising the state legislature on how to regulate hemp-sourced CBD products. Reports and recommendations of the workgroup were submitted in January 2020.

What are Minnesota's CBD Possession Limits?

Currently, there are no stipulated possession limits for hemp-derived CBD in Minnesota. However, possession of cannabis-derived CBD is restricted to qualified medical marijuana patients in the state. Patients registered under the medical marijuana program can only hold a 30-day supply of cannabis-derived CBD products, per Subpart 4 Chapter 4770.1750 of Minnesota Administrative Rules.

Can Doctors prescribe CBD oil in Minnesota?

Minnesota law allows licensed health care practitioners to certify patients as having one or more debilitating medical conditions.

Doctors cannot prescribe CBD or medical cannabis in any form to patients. Once a doctor certifies a patient who suffers from a qualifying medical condition, the patient registers with the Medical Cannabis program online. The Office of Medical Cannabis will process and approve the patient's application. Once successful, the patient receives an approval notification and completes a self-evaluation report in their account with the registry. A licensed pharmacist will review the patient's medical history, qualifying medical condition, and information provided in the self-evaluation report. The pharmacist will consult and recommend the cannabis products, including cannabis-derived CBD products, to be taken by the patient. The self-evaluation form is filled out before each visit to the Cannabis Patient Center.

Medical conditions which qualify for medical cannabis treatment in Minnesota include:

  • Chronic motor or vocal tic disorder
  • Intractable pain
  • Cancer
  • Tourette syndrome
  • Seizures, including those typical of epilepsy
  • Amyotrophic lateral sclerosis (ALS)
  • Severe and persistent muscle spasms, including those typical of multiple sclerosis (MS)
  • Inflammatory bowel disease, including Crohn's disease
  • Alzheimer's disease
  • HIV/AIDS
  • Diagnostic and Statistical Manual of Mental Disorders, also known as DSM-5 (Autism Spectrum Disorder)
  • Obstructive sleep apnea
  • Glaucoma
  • Post-traumatic stress disorder (PTSD)
  • Chronic pain
  • Sickle cell disease

What are the Licensing Requirements for CBD in Minnesota?

Applicants require a license from the Minnesota Hemp Program to process industrial hemp into CBD. First-time applicants must provide biometric information (fingerprints) and pass a criminal background check conducted by the Bureau of Criminal Apprehension per Subdivision 2 Chapter 18k.04 of the 2021 Minnesota Statutes. Any applicant with a criminal record related to controlled substances in the last 10 years before the application date is not eligible for licensure. A licensee must ensure their employees do not have controlled substance-related criminal convictions within 10 years of the application and during the license period. Residents of other states can apply for licenses under the Minnesota Hemp Program, but processing must take place in Minnesota.

Applicants must comply with federal laws and requirements on hemp-derived CBD products and processing. For instance, it is illegal to sell CBD-infused or THC-infused foods or label them as dietary supplements per Section 301(ll) of the Food Drug & Cosmetic Act.

To process raw hemp grown in Minnesota, a licensee must get a Fit for Commerce certificate issued by the MDA. An applicant for the hemp processor license in Minnesota must pay a non-refundable registration and inspection fee. Fees payable are:

  • Processor License fee - $250
  • Each registered location - $250
  • License changes - $50, which includes changes to names, locations, and license categories. A licensee submits a change request form electronically.

Minnesota Statutes 151.72 revisions stipulate the product label requirements for processed CBD products in Minnesota. Labels must show:

  • The name, location, contact details, and website of the manufacturer of the product
  • Name and address of the accredited testing lab used by the manufacturer
  • The percentage of CBD found in each package. It must be less than 0.3% THC.
  • A scannable barcode or QR code linked to the manufacturer's website.
  • A disclaimer that the product does not diagnose, treat, cure, or prevent any disease and that the FDA has not evaluated or approved the product unless it has done so
  • No claim marketing the product is effective for the prevention, treatment, or cure of a disease or that it may alter the structure or function of a human or animal.

Where to Buy CBD in Minnesota?

Minnesota residents can buy hemp-derived CBD products in person at any health and wellness stores, specialty stores, and vape shops. They can also buy from online stores. Online stores stock a wider range of CBD products, such as capsules, topicals, tinctures, vape liquids, edibles, and lotions. Pharmacies in Minnesota may stock hemp-derived CBD products provided they meet the state's requirements on labeling and testing. Medical patients can buy medical cannabis at the various dispensaries in the state.

Minnesota CBD