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Minnesota Expected To Revisit Rules That Opened Legal Window For Delta-8 THC

The confusing law has created an green rush in synthetically derived cannabinoids

Minnesota lawmakers are expected to eventually address rules that inadvertently made the state a hotbed for hemp-derived delta-8 THC edibles as a result of a measure passed earlier this year.

The measure, which took effect in July, has unintentionally created a shadow recreational cannabis market despite laws that restrict the sale of products that contain high levels of THC to the state’s medical marijuana program.

Stakeholders and attorneys in the state have said regulatory updates regarding THC in food can be expected during next year’s legislative session, including those addressing hemp-derived products.

Law’s intent

The intent of the Minnesota law was to force products containing high levels of delta-8 THC – which have proven popular in the state in vapes and other forms – off the market. But under a relatively high per-serving limit of 5mg for total THC and a per-package limit of 50mg total THC for cannabis edibles, and allowing those products to be sold in common retail outlets, the market has persisted.

Studies have shown only children and infrequent or non-users of THC products begin to reach a mild “high” after having taken 5 mg, but 50 mg is considered enough to get most people high.

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