CBD in Minnesota: Official State Guide

Do you live in Minnesota and want to try CBD but are unsure of the rules and regulations surrounding it? Please keep reading to learn more about this hot topic, as well as the rules surrounding CBD in Minnesota, how to obtain a medical marijuana card, and where to buy it.

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Cannabis, CBD, THC, marijuana, all of these terms can be confusing, especially when it comes to what is legal or not. And the laws surrounding marijuana have changed recently.

In 2018, both the Farm Bill and Hemp Farming Act changed the game when it came to cultivating hemp and CBD. These federal laws not only provided a jumping-off point for updating laws around CBD in Minnesota but also saw an incredible change in the CBD landscape across the United States. 

Now, the hemp and CBD industries have exploded, with CBD sales expected to reach $1.8 billion by 2022. Keep reading to learn more about CBD vs. THC, the laws and regulations on CBD in Minnesota, and how to obtain a medical marijuana card in the state of Minnesota.

CBD vs. THC (And Why This Matters)

CBD and THC are both cannabinoids found abundantly in the Cannabis sativa plant varieties. Tetrahydrocannabinol (THC) is psychoactive, causing many sensory and psychological effects; it is the substance that can make you high. 

Cannabidiol (CBD), on the other hand, does not have the same properties that allow you to get high. It is known for its suggestive wellness properties and potential benefits, such as reducing inflammation, helping with anxiety and depression, and suppressing seizures.  

Cannabidiol (CBD) can come from both the hemp plant and marijuana plant. A cannabis plant with less than 0.3% THC is called hemp, whereas a cannabis plant containing more than 0.3% THC is called marijuana. 

This hemp vs. marijuana plant rule is an important distinction. Even though CBD can be derived from both hemp and marijuana, it is only CBD derived from the hemp plant that is legal federally.

Is CBD Legal in Minnesota? 

The Minnesota Board of Pharmacy oversees the regulation of CBD in Minnesota. In 2018, the rules and regulations around CBD in Minnesota changed, thanks to the Farm Bill and Hemp Farming Act. 

In Minnesota, just like at the federal level, only CBD derived from hemp plants is legal. So all their CBD laws are centered on hemp-derived CBD products. In Minnesota, consumers 18 years and older are allowed to buy CBD oil products without a prescription. 

Even though certain state laws regulate CBD, you must also follow federal laws. For example, the FDA currently prohibits the sale of CBD in food and drink, so those products are also technically illegal. 

Minnesota currently follows the FDA’s ruling on this; however, per the 2018 Farm Bill, states can regulate CBD in food, beverages, supplements, and other products independently of the FDA’s rule.

Minnesota is in the process of developing its own legal framework and regulations for these issues. 

In addition, there are also strict marketing laws for CBD oil in Minnesota. In Minnesota, it is illegal to market CBD products as able to prevent, cure, or treat diseases. This rule also aligns with FDA’s ruling that CBD products cannot make therapeutic claims.

Specific Minnesotan Laws & Regulations

In addition to the federal laws mentioned above, Minnesota has enacted its own laws regarding CBD, hemp, and cannabis, including the regulation of medical cannabis.

Minnesota Industrial Hemp Development Act

In 2015, the Minnesota Industrial Hemp Development Act (IHDA) was passed, allowing the Minnesota Department of Agriculture (MDA) to create a hemp pilot program from 2016 through 2020.

In 2018, the federal Farm Bill legalized hemp cultivation. In January 2021, the US Department of Agriculture (USDA) formed a regulatory framework for hemp cultivation across the country. Each state must submit a plan to the USDA for approval if they wish to continue regulating hemp at their state level.

Minnesota’s State Plan was approved in May 2021. This plan outlines Minnesota’s protocols for hemp inspection, sampling, testing, and data sharing, as well as MDA’s enforcement authority to inspect and regulate the production of hemp in Minnesota. 

Minnesota Medical Cannabis Program

In 2014, the Minnesota Department of Health formed the Office of Medical Cannabis to oversee medical cannabis laws and regulations. 

This program registers patients for medical marijuana use under certain medical conditions and per their medical provider’s recommendation.

Minnesota CBD Possession Limits

Currently, there are no limits on how much hemp-derived CBD you can possess in Minnesota. However, there are limits on how much cannabis-derived CBD products eligible medical marijuana patients can possess. 

Suppose you are found in possession of a small amount of marijuana or cannabis-derived products and are not eligible for the Minnesota Medical Cannabis Program.

In that case, you may have to pay fines in addition to other consequences, such as drug education programs, as stated under the 2019 Minnesota Statute. 

How to Get a Medical Marijuana Card in Minnesota

Medical marijuana has been legal in Minnesota since 2014. The term medical marijuana here also includes cannabis-derived CBD products. In order to receive a medical marijuana card in the state of Minnesota, there are a few steps you have to complete.

First, you must contact a healthcare practitioner to see if you have a qualifying condition for medical marijuana. If you qualify, then you will receive a certification from the Office of Medical Cannabis that will allow you to register online. 

To qualify for medical cannabis in Minnesota, you must first be a Minnesota resident. Then you must be certified with one of the following conditions by a medical provider, as outlined in this Minnesota Statute:

• Cancer
• Glaucoma
• HIV/AIDS
• Tourette syndrome
• Amyotrophic lateral sclerosis (ALS)
• Seizures, including epilepsy
• Severe muscles spasms, such as those as a result of multiple sclerosis
• Inflammatory bowel disease (IBS)
• Sleep apnea
• PTSD
• Alzheimer’s
• Autism
• Sickle cell disease
• Chronic pain 
• Terminal illness

Once you register online, you will be able to visit a Cannabis Patient Center, where a pharmacist will assist you with prescribing your medical marijuana type and dose.

Finding Marijuana Dispensaries in Minnesota

There are multiple Cannabis Patient Centers located in Minnesota, and the Minnesota Department of Health has an online map so that you can easily find one near you. 

The Leafly App also hosts a great map that allows you to search and locate Minnesota marijuana dispensaries. 

CBD products, on the other hand, are available throughout the state. They are found widely in convenience and grocery stores.

FAQ's

Next Steps

If you are interested in using CBD products or becoming registered for medical marijuana use, it is important to talk with your doctor to see if these products are right for you. 

CBD products are legal and widely available throughout the state of Minnesota, whereas marijuana is legal for medical use for qualifying patients only.