Is Delta-9 THC (hemp-derived) Legal in Minnesota? (2026)

Instrument

Definitions (hemp concentrate)

Source

https://www.revisor.mn.gov/statutes/cite/342.01/pdf

Retrieved

2026-10-07

Fingerprint

da2a850ed71f3044

Subd. 35. Hemp concentrate. (a) 'Hemp concentrate' means: (1) the extracts and resins of a hemp plant or hemp plant parts; (2) the extracts or resins of a hemp plant or hemp plant parts that are refined to increase the presence of targeted cannabinoids; or (3) a product that is produced by refining extracts or resins of a hemp plant or hemp plant parts and is intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product. (b) Hemp concentrate does not include artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products.
Subd. 37. Hemp-derived consumer product. (a) 'Hemp-derived consumer product' means a product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate, and: (1) contains or consists of hemp plant parts; or (2) contains hemp concentrate or artificially derived cannabinoids in combination with other ingredients. (b) Hemp-derived consumer product does not include artificially derived cannabinoids, lower-potency hemp edibles, hemp-derived topical products, hemp fiber products, or hemp grain.
Subd. 38. Hemp-derived topical product. 'Hemp-derived topical product' means a product intended for human or animal consumption that contains hemp concentrate, is intended for application externally to a part of the body of a human or animal, and does not contain cannabis flower or cannabis concentrate.
Subd. 41. Hemp plant. 'Hemp plant' means all parts of the plant of the genus Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.
Subd. 42. Hemp plant parts. 'Hemp plant parts' means any part of the harvested hemp plant, including the flower, bud, leaves, stems, and stalk, but does not include derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers that are separated from the plant.
Subd. 50. Lower-potency hemp edible. (a) 'Lower-potency hemp edible' means any product that: (1) is intended to be eaten or consumed as a beverage by humans; (2) contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3) is not a drug; (4) does not contain a cannabinoid derived from cannabis plants or cannabis flower; (5) is a type of product approved for sale by the office or is substantially similar to a product approved by the office, including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods; and (6) meets either of the requirements in paragraph (b). (b) A lower-potency hemp edible includes: (1) a product that: (i) is not intended to be consumed as a beverage and consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol; is intended to be consumed as a beverage and contains no more than ten milligrams of delta-9 tetrahydrocannabinol in a single container; is intended to be consumed in any approved manner and consists of servings or a container that contain no more than 100 milligrams of cannabidiol, cannabigerol, cannabinol, or cannabichromene; is intended to be consumed in any approved manner and contains no more than the established limit of any other cannabinoid authorized by the office; or is intended to be consumed in any approved manner and contains any combination of those cannabinoids that does not exceed the identified amounts for the applicable product category; (ii) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; and (iii) does not contain an artificially derived cannabinoid other than delta-9 THC except under a 20:1 ratio condition; or (2) a product that: (i) contains hemp concentrate processed or refined without increasing the percentage of targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp plant or hemp plant parts beyond the variability generally recognized for the method used for processing or refining or by an amount needed to reduce the total THC in the hemp concentrate; and (ii) consists of servings that contain no more than five milligrams of total THC.

Minn. Stat. 342.27 subd.2. Sale of cannabis and cannabinoid products. (a) A cannabis business with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products may only sell immature cannabis plants and seedlings, adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to individuals who are at least 21 years of age. (c) A cannabis business with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products may sell up to two ounces of adult-use cannabis flower or hemp-derived consumer products consisting primarily of hemp plant parts, up to eight grams of adult-use cannabis concentrate or hemp-derived consumer products consisting primarily of hemp concentrate or artificially derived cannabinoids, and edible cannabis products and lower-potency hemp edibles infused with up to 800 milligrams of tetrahydrocannabinol during a single transaction to a customer. (d) Edible adult-use cannabis products and hemp-derived consumer products intended to be eaten may not include more than ten milligrams of tetrahydrocannabinol per serving and a single package may not include more than a total of 200 milligrams of tetrahydrocannabinol. (e) Edible adult-use cannabis products and hemp-derived consumer products intended to be consumed as beverages may not include more than ten milligrams of tetrahydrocannabinol per serving. A single beverage container may not contain more than two servings. Subd.3(b): A cannabis business with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products may sell hemp-derived topical products. Subd.14. Exception. Nothing in this section applies to the operations of a lower-potency hemp edible retailer.

Instrument

Artificially derived cannabinoid definition; approved-cannabinoid limits for hemp-derived edibles

Source

https://www.revisor.mn.gov/statutes/cite/342.01

Retrieved

2026-07-19

Fingerprint

05dc26b470bf7b7b

Minn. Stat. 342.01 Subd. 7. Artificially derived cannabinoid. 'Artificially derived cannabinoid' means a cannabinoid extracted from a cannabis plant, cannabis flower, hemp plant, or hemp plant parts with a chemical makeup that is changed after extraction to create a different cannabinoid or other chemical compound by applying a catalyst other than heat or light. Artificially derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from cannabidiol but does not include cannabis concentrate, cannabis products, hemp concentrate, lower-potency hemp edibles, or hemp-derived consumer products.
Minn. Stat. 342.01 Subd. 50. Lower-potency hemp edible. (a) 'Lower-potency hemp edible' means any product that: (1) is intended to be eaten or consumed as a beverage by humans; (2) contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3) is not a drug; (4) does not contain a cannabinoid derived from cannabis plants or cannabis flower; (5) is a type of product approved for sale by the office or is substantially similar to a product approved by the office, including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods; and (6) meets either of the requirements in paragraph (b). (b) A lower-potency hemp edible includes: (1) a product that: (i) is not intended to be consumed as a beverage and consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol; is intended to be consumed as a beverage and contains no more than ten milligrams of delta-9 tetrahydrocannabinol in a single container; is intended to be consumed in any approved manner and consists of servings or a container that contain no more than 100 milligrams of cannabidiol, cannabigerol, cannabinol, or cannabichromene; is intended to be consumed in any approved manner and contains no more than the established limit of any other cannabinoid authorized by the office; or is intended to be consumed in any approved manner and contains any combination of those cannabinoids that does not exceed the identified amounts for the applicable product category; (ii) does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; and (iii) does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol except as authorized by the office; or (2) a product that: (i) contains hemp concentrate processed or refined without increasing the percentage of targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp plant or hemp plant parts beyond the variability generally recognized for the method used for processing or refining or by an amount needed to reduce the total THC in the hemp concentrate; and (ii) consists of servings that contain no more than five milligrams of total THC.
OCM guidance (Statutorily Approved Cannabinoids in Hemp-Derived Edibles): the only intoxicating cannabinoids allowed in lower-potency hemp edibles are delta-8 and delta-9 THC, unless the office authorizes use of the artificially derived cannabinoid in edible cannabinoid products. To date, no other cannabinoids (THC-P, THC-O, THC-V, HHC, etc.) have been approved for use in edible cannabinoid product. Use of any other cannabinoids is illegal and may result in violations and penalties under Minnesota Statutes, Chapters 151 and 342.

Instrument

Minn. Stat. 342.01 subds. 37, 42, 69b; 342.09 subd. 4; 342.46 subd. 7

Source

https://www.revisor.mn.gov/statutes/cite/342.09

Retrieved

2026-10-07

Fingerprint

266dcd3e22a9ad04

342.01 subd. 37(a) ["Hemp-derived consumer product" means] "a product intended for human or animal consumption, does not contain cannabis flower or cannabis concentrate" [and contains hemp plant parts or hemp concentrate or artificially derived cannabinoids with other ingredients]. subd. 42 ["Hemp plant parts" means] "any part of the harvested hemp plant, including the flower, bud, leaves, stems, and stalk." subd. 69b [Total THC means THCa percentage] "multiplied by 0.877" [plus] "the percentage by weight of all tetrahydrocannabinols." 342.09 subd. 4 "No person may sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products" [without a license issued under this chapter that authorizes the sale]. 342.46 subd. 7 [A lower-potency hemp edible retailer must not] "sell or deliver cannabis flower, cannabis products, or hemp-derived consumer products;" [Bracketed spans summarized.]

Instrument

151.72 SALE OF CERTAIN CANNABINOID PRODUCTS -- Subd. 1 (Definitions: artificially derived cannabinoid; synthetic cannabinoid), Subd. 3(a)-(b) (permitted nonintoxicating cannabinoid products; non-edible route prohibitions), and Subd. 5a(f)-(h) (edible THC caps; delta-8/delta-9-only permission and exclusion of other artificially derived and synthetic cannabinoids)

Source

https://www.revisor.mn.gov/statutes/cite/151.72

Retrieved

2026-07-02

Fingerprint

573b17adaa400e84

151.72 SALE OF CERTAIN CANNABINOID PRODUCTS.

Subdivision 1. Definitions.

For the purposes of this section, the following terms have the meanings given.

(a) "Artificially derived cannabinoid" means a cannabinoid extracted from a hemp plant or hemp plant parts with a chemical makeup that is changed after extraction to create a different cannabinoid or other chemical compound by applying a catalyst other than heat or light. Artificially derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from cannabidiol.

(b) "Batch" means a specific quantity of a specific product containing cannabinoids derived from hemp, including an edible cannabinoid product, that is manufactured at the same time and using the same methods, equipment, and ingredients that is uniform and intended to meet specifications for identity, strength, purity, and composition, and that is manufactured, packaged, and labeled according to a single batch production record executed and documented.

(c) "Certified hemp" means hemp plants that have been tested and found to meet the requirements of chapter 18K and the rules adopted thereunder.

(d) "Distributor" means a person who sells, arranges a sale, or delivers a product containing cannabinoids derived from hemp, including an edible cannabinoid product, that the person did not manufacture to a retail establishment for sale to consumers. Distributor does not include a common carrier used only to complete delivery to a retailer.

(e) "Edible cannabinoid product" means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug.

(f) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 3.

(g) "Label" has the meaning given in section 151.01, subdivision 18.

(h) "Labeling" means all labels and other written, printed, or graphic matter that are:

(1) affixed to the immediate container in which a product regulated under this section is sold;

(2) provided, in any manner, with the immediate container, including but not limited to outer containers, wrappers, package inserts, brochures, or pamphlets; or

(3) provided on that portion of a manufacturer's website that is linked by a scannable barcode or matrix barcode.

(i) "Matrix barcode" means a code that stores data in a two-dimensional array of geometrically shaped dark and light cells capable of being read by the camera on a smartphone or other mobile device.

(j) "Nonintoxicating cannabinoid" means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration.

(k) "Office" means the director of the Office of Cannabis Management.

(l) "Synthetic cannabinoid" means a substance with a similar chemical structure and pharmacological activity to a cannabinoid, but which is not extracted or derived from hemp plants, or hemp plant parts and is instead created or produced by chemical or biochemical synthesis.

Subd. 3. Sale of cannabinoids derived from hemp.

(a) Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met. A product sold for human or animal consumption must not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product must not contain an amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f).

(b) A product containing nonintoxicating cannabinoids, other than an edible cannabinoid product, may be sold for human or animal consumption only if it is intended for application externally to a part of the body of a human or animal. Such a product must not be manufactured, marketed, distributed, or intended to be consumed:

(1) by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product;

(2) through chewing, drinking, or swallowing; or

(3) through injection or application to nonintact skin or a mucous membrane, except for products applied sublingually.

(c) No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended:

(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or

(2) to affect the structure or any function of the bodies of humans or other animals.

(d) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21.

(e) Products that meet the requirements of this section are not controlled substances under section 152.02.

(f) Products may be sold for on-site consumption if all of the following conditions are met:

(1) the retailer must also hold an on-sale license issued under chapter 340A;

(2) products, other than products that are intended to be consumed as a beverage, must be served in original packaging, but may be removed from the products' packaging by customers and consumed on site;

(3) products must not be sold to a customer who the retailer knows or reasonably should know is intoxicated;

(4) products must not be permitted to be mixed with an alcoholic beverage; and

(5) products that have been removed from packaging must not be removed from the premises.

(g) Edible cannabinoid products that are intended to be consumed as a beverage may be served outside of the products' packaging if the information that is required to be contained on the label of an edible cannabinoid product is posted or otherwise displayed by the retailer.

Subd. 5a. Additional requirements for edible cannabinoid products.

(f) An edible cannabinoid product that is not intended to be consumed as a beverage must not contain more than five milligrams of any tetrahydrocannabinol in a single serving and must not contain more than a total of 50 milligrams of any tetrahydrocannabinol per package.

(g) An edible cannabinoid product that is intended to be consumed as a beverage must not contain more than ten milligrams of any tetrahydrocannabinol in a single container.

(h) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9 tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an artificially derived cannabinoid. Edible cannabinoid products are prohibited from containing any other artificially derived cannabinoid, including but not limited to THC-P, THC-O, and HHC, unless the office authorizes use of the artificially derived cannabinoid in edible cannabinoid products. Edible cannabinoid products are prohibited from containing synthetic cannabinoids.

Instrument

151.72 SALE OF CERTAIN CANNABINOID PRODUCTS -- Subd. 3(b): non-edible cannabinoid products limited to external application; prohibition on combustion/vaporization/inhalation and on chewing/drinking/swallowing

Source

https://www.revisor.mn.gov/statutes/cite/151.72

Retrieved

2026-07-02

Fingerprint

41f11d823d578ccb

Subd. 3. Sale of cannabinoids derived from hemp.

(b) A product containing nonintoxicating cannabinoids, other than an edible cannabinoid product, may be sold for human or animal consumption only if it is intended for application externally to a part of the body of a human or animal. Such a product must not be manufactured, marketed, distributed, or intended to be consumed:

(1) by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product;

(2) through chewing, drinking, or swallowing; or

(3) through injection or application to nonintact skin or a mucous membrane, except for products applied sublingually.