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Minnesota law wipes out delta-8, but sets high limit for THC in hemp

A new Minnesota law that took effect last week is intended to prohibit the sale of products containing high amounts of delta-8 THC but also has established a relatively high limit for total THC in hemp foods.

The measure, signed by Gov. Tim Walz in May, and which went into force Friday, July 1, allows adults 21 and over to possess and consume hemp-based edibles and beverages that contain up to five milligrams of total combined THC – such as delta-9, delta-8 and delta-10 – per serving, with individual packages limited to 50mg.

While the limit is high for food products, it will essentially force products containing high levels of delta-8 THC – popular in Minnesota in vapes and other forms – off the market.


Hemp and CBD products became legal in Minnesota in January 2020, provided they contained less than 0.3% delta-9 THC (abundant in marijuana plants but present only in trace amounts in hemp). But the threshold did not apply to delta-8 and other variations of THC, which the new law addresses by setting volume limits based on weight of total THC.

Delta-8 THC is made by putting hemp-derived CBD through a synthetic process. Producers in Minnesota and around the U.S. have taken advantage of hemp’s legalization in 2018 under the logic that CBD made from legal hemp flowers means delta-8 THC produced downstream is also legal...


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