Is Delta THC Legal in Minnesota?

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Minnesota Delta-9 THC Overview >
Minnesota Delta-10 THC Overview >

What is Delta THC?

Delta THC includes Delta-9 THC and other isomers of the compound, which may naturally occur in the cannabis plant or be synthesized in a laboratory environment. Delta THC is often used in treating many medical conditions but can also be used recreationally for pleasure or relaxation. Common isomers of Delta THC other than Delta-9 THC include THC-P, THCV, THC-O, HHC, THCjd, THCh, and HHC-O.




Cannabis contains several different chemical compounds known as cannabinoids. CBD and THC are two such cannabinoids, with both compounds available in the hemp and marijuana plants. Discovered in the 1940s, Cannabidiol or CBD is the second most abundant chemical compound contained in cannabis. It is generally derived from hemp and has become popular for treating many conditions. In 2018, the Food and Drug Administration (FDA) approved the first CBD-based prescription medication to treat epilepsy.

THC differs from CBD in that it is psychoactive and can lead to intoxication in consumers. According to the National Institute on Drug abuse (NIDA), THC activates receptors in the brain by signaling the release of the chemical dopamine. Being a neurotransmitter, dopamine plays a crucial role in pleasure and mood regulation. By activating a high level of dopamine, THC causes users to experience feelings of euphoria. THC may be consumed by smoking marijuana but can also be consumed in other forms such as capsules, oils, and edibles.

THC and CBD activate different receptors in the brain to create psychotropic effects. However, CBD's psychotropic effects do not get users high. CBD is typically obtained from hemp, while THC is sourced primarily from marijuana. THC and CBD have similar molecular structure, but with different arrangements of the same atoms in the molecules. These structural variations are responsible for the different effects of the cannabinoids on users.

Although research is still ongoing on the potential health benefits of CBD and THC, evidence suggests that both cannabinoids may help treat:

  • Anxiety
  • Glaucoma
  • HIV
  • AIDS
  • Multiple Sclerosis
  • Irritable Bowel Syndrome (IBS)
  • Opioid dependence
  • Sleep difficulties
  • Movement disorders
  • Chronic pain
  • Epilepsy

Both CBD and THC are stored in body fat. Therefore, they can be detected by drug tests for a while, even after stopping cannabis use. THC is easily detected on most drug tests, while CBD is not so easily detected since most drug tests are intended to detect THC metabolites. Still, THC may show up on some drug tests given to CBD users as many CBD products contain trace amounts of THC. According to a study conducted in 2017, up to 70% of CBD products are mislabeled and contain significantly higher THC content than their labels suggest.

What is Delta-8 THC?

Delta-8 THC, short for Delta-8 tetrahydrocannabinol, is a Delta THC isomer similar to the more popular Delta-9 THC but is mainly obtained from the hemp plant. Chemically, both Delta-8 THC and Delta-9 THC are structurally identical and both have a double bond in their structures. However, the double bond in Delta-8 is located on the eighth carbon molecule, while the bond is located on the ninth carbon in Delta-9 THC. Due to the location of the double bond in Delta-8 THC, the isomer binds differently to the endocannabinoid system in the body, making it less potent than Delta-9 THC.

Delta-8 THC will get the user high, although not as strongly as Delta-9 THC. Many people use Delta-8 THC as a legal way to experience some THC-like effects from cannabis. Although the "high" may be milder with Delta-8 THC, the duration of the euphoric effect will last as long as the high induced by Delta-9 THC. The duration of the intoxicating effect depends on how much Delta-8 THC is consumed and the form of the drug taken. For example, the euphoria produced by Delta-8 flowers may last an hour or more, while Delta-8 THC gummies may induce an intoxicating feeling lasting a few hours.

Delta-8 THC can be used to treat medical conditions such as insomnia, anxiety, nausea, and pain relief. Side effects of the isomer include red eyes, short-term memory, anxiety, paranoia, and dry mouth. Due to a similar structure to Delta-9 THC, Delta-8 THC will show up on a drug test.

Is Delta-8 THC Legal in Minnesota?

All hemp-derived Delta-8 THC products are legal in Minnesota pursuant to Chapter 18K.02 of the Revised Minnesota Statutes. Delta-8 THC products are available in vape pens, edibles, capsules, and tinctures. Delta-8 THC products may be purchased from cannabis shops or online stores.

What is Delta-9 THC?

Delta-9 tetrahydrocannabinol is the most recognized and abundant THC isomer found in the marijuana plant. Although present in hemp, it is more abundantly present in marijuana. This isomer is primarily responsible for the euphoric feeling experienced after consuming a marijuana product. Delta-9 THC can be taken for recreational purposes and medicinally for the treatment of certain medical conditions such as multiple sclerosis, severe nausea, PTSD, anorexia, and seizure.

Delta-9 THC is detectable by drug tests as metabolites of THC isomers remain in the body much longer after the physical effects have worn off. A saliva test has a 72-hour Delta-9 THC detection window, while hair follicle tests may detect Delta-9 THC use up to 90 days after the last dose.

Is Delta-9 THC Legal in Minnesota?

Delta-9 THC products derived from marijuana are illegal in Minnesota, except for medical marijuana patients who can legally possess 30-day supplies of Delta-9 THC products at dosages determined by their physicians. In July 2022, per legislation, food and drink products containing 5 milligrams per serving and 50 milligrams per package of hemp-derived Delta-9 THC became legal for adults aged 21 or older.

Medical marijuana patients can purchase Delta-9 THC products from approved medical marijuana dispensaries, while persons purchasing food, drinks, and other hemp-derived Delta-9 THC products can buy from online stores or cannabis shops in the state.

What is Delta-10 THC?

Delta-10 THC is a recently discovered cannabinoid in the cannabis plant that was inadvertently identified when cannabis plants were exposed to fire retardant chemicals during a California forest fire. The chemicals acted as a catalyst for the formation of Delta-10 THC, a crystalline cannabinoid that first resembled the minor cannabinoid Cannabichromene (CBC).

Little is known about the potential medicinal benefits of Delta-10 THC. Due to the novelty of the cannabinoid's discovery, researchers have formed no definitive conclusions regarding its benefits and side effects. However, anecdotal evidence suggests that Delta-10 THC is less psychoactive than Delta-9 THC. Delta-10 THC also produces a milder psychoactive effect on users than Delta-8 THC. Depending on the frequency of use, Delta-10 THC can show up on a drug test 5-30 days after use.

Is Delta-10 THC Legal in Minnesota?

Minnesota abides by the federal 2018 Farm Bill, which legalizes all hemp derivatives as long as they contain no more than 0.3% Delta-9 THC. Hence, Delta-10 THC products derived from hemp are legal in Minnesota. Minnesotans can find Delta-10 products in the form of vape cartridges, gummies, disposable vapes, wax dabs, tinctures, and capsules from online CBD stores and distributors. Residents may also visit local cannabis stores to obtain Delta-10 THC products.

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Minnesota Delta THC Overview