CBD In Minnesota

2020 Complete Guide

Is CBD in Minnesota Legal? | MN CBD 2020

CBD oil in Minnesota and other CBD products officially became legal in the state on January 1st of 2020. You’d never know it considering that nothing has changed. Minnesota CBD retailers have been selling hemp based products for years now. The topics covered in this updated MN CBD Guide will cover the questions: Was CBD illegal? Is it really now legal? Can you legally grow hemp and make CBD yourself? Can you legally sell CBD in Minnesota?

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A brief history of Minnesota hemp and CBD laws

CBD in Minnesota of any kind was only legally available to medical marijuana patients in the past. But that all changed with the dawn of 2020 as a result of new laws that officially legalized hemp-derived CBD products for all Minnesotans — not just medical marijuana patients. 

The sale of CBD oil, right up until 2020, was actually outright illegal under both federal and state law. The only exception to this rule was an FDA approved drug called Epidiolex that was approved for children with certain forms of intractable epilepsy. So, if CBD oil was illegal, why were so many shops selling CBD products? 

In 2014 the federal government passed a farm bill that allowed states to create pilot programs to study the growth, cultivation, and marketing of hemp. The law did not, technically, legalize CBD oil. However, the gray areas of the law left marketers just enough wiggle room to get their foot in the door.

It didn’t take long for Minnesota to take advantage of the opportunity. In 2015, lawmakers passed the Minnesota Industrial Hemp Development Act (IHDA). The law called upon the Department of Agriculture to create a Hemp Pilot Program. Growers participating in the program were required to provide reports to the MDA regarding strains planted, agronomics, processing, distribution and sales of CBD oil and other hemp products in order to gather data that would benefit all future hemp growers in the state. 

By the end of 2016, only six growers were participating in Minnesota’s hemp pilot program. Approximately 40 acres of hemp were harvested. But hemp was being grown in the state for the first time in nearly eight decades. 

By 2017, there were 38 registered pilot participants. And before the end of 2018, there were 51. That number exploded to 540 growers in 2019 as hemp growers planted 8,000 acres of hemp outdoors and another 400,000 feet of indoor growing space — an increase of nearly 700 percent over the previous year. 

Cannabidiol, according to the Minnesota Department of Agriculture, by the end of 2019 more than three-quarters of the hemp being grown in the state was being grown specifically to produce CBD oil. 

This is all just a warmup as new hemp legislation has moved the state out of the pilot program phase and into the commercial phase of hemp production in the state. Expectations are that hemp cultivation will continue to grow at a staggering pace in Minnesota. 

Now that we’ve got some backstory, let’s take a closer look at the current state of affairs in Minnesota as they pertain to hemp and CBD oil and get some basic answers to the most commonly asked questions.

MINNESOTA hemp CBD OIL FAQ | 2020

Is CBD oil is legal in Minnesota?

CBD retailers in Minnesota have been selling CBD oil and products for years now, technically, up until the new hemp laws that took effect on January 1, 2020, only medical cannabis oil was legal and only if you were a card-holding medical marijuana patient. Today all Minnesotans can enjoy the health benefits of CBD oil without fear of being arrested. 

Although both CBD oil made from hemp and cannabis oil made from marijuana are used for medicinal purposes, depending on the strains from which the product was extracted, their effects on the body and mind can be quite different. While THC is known for inducing feelings of euphoria, CBD is nonintoxicating. 

Aside from causing impaired thinking and motor skill, some researchers suspect that regular, long-term consumption of THC can result in psychosis. Furthermore, consuming cannabis oils that contain THC puts patients at risk of failing a drug test and losing their job or failing a sobriety test and being charged with driving while intoxicated which can result in loss of their driver’s license and hefty fines and legal fees.

Can doctors in Minnesota prescribe CBD?

No, doctors are not permitted to prescribe either hemp CBD or marijuana products to their patients mainly because these products have not been approved for prescription by the FDA. The only exception to this is a drug called Epidiolex, which is essentially pure CBD. Epidiolex has been approved by the FDA for use by children suffering from certain intractable forms of epilepsy with a doctor’s prescription. 

Even though doctors are not permitted to prescribe CBD as they are with pharmaceuticals, they are permitted to recommend CBD to patients they feel can benefit from its use.

What medical conditions are being treated with CBD oil?

To qualify for marijuana-derived cannabis oil a patient must be diagnosed with one of a list of qualifying conditions. However, there are also additional conditions that are commonly treated with hemp CBD oil. 

Medical conditions being treated with CBD oil in Minnesota:

Can I buy CBD oil products online?

Yes! You can purchase CBD oil online in Minnesota and have it delivered right to your door. It’s perfectly legal as long as it’s derived from hemp. One of the benefits of purchasing CBD oil online is that you have a far larger selection of product options to choose from. On the other hand, there are also a lot of unscrupulous companies selling inferior CBD oil products online. You have to really do your homework to find a brand name that offers quality CBD products.

What hemp CBD products are legally available in Minnesota?

CBD products in Minnesota that the law restricts are smokable products such as dried marijuana and hemp flower. However, the FDA claims that the use of CBD in food products is not permitted. Nonetheless, the full range of CBD products can be purchased in Minnesota either at local shops or via online stores. Consumers need not worry about buying products prohibited by the FDA. It is the retailers who are taking a risk by selling them. 

Some of the CBD products available in Minnesota include:

Where can I buy CBD oil in Minnesota?

While cannabis oils that contain both CBD and THC are available in Minnesota, the only residents permitted to use these products are certified medical marijuana patients. And they can only be purchased at a state-licensed dispensary.

On the other hand, if you are shopping for CBD-rich hemp oil or other CBD-infused products it should be fairly easy to find a shop near you that sells these products. 

Most of the brick-and-mortar stores that sell CBD oil and other CBD products are located in the larger cities in Minnesota such as Minneapolis, St Paul, Rochester, Duluth, Bloomington, Brooklyn Park, Plymouth, St Cloud, Maple Grove, and Woodberry.

Can I legally grow hemp in MN?

Yes. Individuals and businesses are permitted to grow hemp in Minnesota. However, a license is required. The state’s original pilot program will continue to be in effect in Minnesota until the USDA has approved the state’s hemp regulation plan. 

All first-time applicants must submit an application, pay licensing fees, and pass a federal/state criminal background check. Any applicant that has a controlled substance-related conviction on their record within the last 10 years will be denied a license.

License holders are required to submit to periodic and crop testing to assure that the crop is not producing levels of THC higher than 0.3 percent by dry weight. If a sample being tested exceeds the limit the entire crop must be destroyed.

Can I sell CBD oil legally in Minnesota?

Even before CBD oil officially became legal in Minnesota, retailers had been selling CBD products without interference from the state. Because the state’s hemp and CBD rules have not yet been set in stone, pretty much anything goes as long as marketers are not making medical claims.

However, the US Food and Drug Administration has warned numerous companies that the use of CBD in food products is prohibited. That doesn’t seem to have stopped most retailers for offering these products.

No license is required to sell CBD oil in Minnesota. However, makers of CBD products are required to have them lab tested to assure purity and potency. If products don’t meet certain standards, the Board of Pharmacy has the authority to prohibit businesses from selling them and to remove them from stores. It’s not yet clear if testing will be required for imported CBD products.

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