Delta-8 THC. You've probably seen it mentioned somewhere on social media, or have seen it in your local CBD shop and wondered how something with "THC" in its name could be legal in a state where only medical marijuana has been approved. Well, we have the answers! Below we will explain how the 2018 Farm Bill and Minnesota's hemp policy allows CHYLL Botanicals to sell our delicious !
Disclaimer: While we always work to stay on top of current state regulations in regards to Delta-8, state laws are subject to change and we advise you to perform your own research to verify the information contained within this article. This article is not intended as legal advice.
Minnesota Industrial Hemp Laws
When the legalized industrial hemp and its derivatives (which must contain less than 0.3% Delta-9 THC by weight), Minnesota updated its hemp legislation in the which states that industrial hemp is not marijuana. As Minnesota makes a distinction between cannabis with a high Delta-9 THC concentration and products derived from industrial hemp.
It is this phrasing that is of key interest!
Here are the key takeaways from the legislation:
Subd. 3.Industrial hemp. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.
Subd. 9. Marijuana. “Marijuana” means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana does not include hemp as defined in section 152.22, subdivision 5a.
(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of the following substances, their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible:
(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic equivalents of the substances contained in the cannabis plant or in the resinous extractives of the plant, or synthetic substances with similar chemical structure and pharmacological activity to those substances contained in the plant or resinous extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol
Subd. 5a.Hemp. “Hemp” has the meaning given to industrial hemp in section 18K.02, subdivision 3.
Is Delta-8 A Controlled Substance in Minnesota?
The MNCSA referenced above specifically states that THC found in Cannabis is a controlled substance "unless specifically excepted". Per the states Industrial Hemp Development Act , a specific exception is made for Cannabis material containing less than 0.3% Delta-9 THC.
Therefor, Delta-8 THC that is derived from legal hemp is not considered a Controlled Substance in the State of Minnesota.