Up until Friday July 1, 2022, possession of any amount of marijuana in a resinous form—such as edibles—was a felony in Minnesota. That all changed when a bill went into effect that allows the sale of food and drinks infused with THC, the ingredient that gets people high.
The bill was created to help regulate the sale of Delta-8, a less potent but similar THC compound as what naturally occurs in cannabis plants. Delta-8 is derived from hemp and CBD, which have been legal in Minnesota. People report Delta-8 giving them a similar high as Delta-9, the naturally occurring chemical in cannabis plants. In passing this bill to better regulate the sale of Delta-8, however, the Minnesota Legislature used the broad language of “cannabinoids” which encompasses Delta-9 THC.
The bill does require the THC be derived from legally certified hemp, and each edible contain only 5 milligrams of THC. Additionally, each package of edibles can only contain 50mg total within the package, or 10 edibles in each. But, while you need to be 21 years old and purchase from a retailer, nothing within the bill regulates how many items can be purchased at a time. The bill also does not allow for home-made THC-infused items, as those are regulated under the Cottage Food Law which explicitly excludes edible cannabinoids from the definition of food products.
While recreational marijuana is not completely legal, many have already taken advantage of the THC-version of 3.2% beer sales. With the laws around the use of THC continuing to evolve, if you find yourself facing charges or potential charges for a drug offense, reach out to one of our attorneys to discuss your options.