The state of Minnesota is scheduled to begin sales in the first quarter of 2025, and will begin cracking down on illegal sales of raw cannabis flower labeled as cannabis in preparation for the rollout of the state's adult-use cannabis program. On March 12, the Office of Management (OCM) issued a statement in response to complaints received from retailers selling cannabis flower with the hemp flower label, saying, “The illegal sale of raw cannabis flower throughout Minnesota is prohibited. “We will begin crackdowns to prevent this,” the company issued a press release announcing.
To assist in enforcement efforts, OCM has entered into an agreement with the Minnesota Department of Health (MDH) to add to its existing capacity to conduct inspections of retailers selling legal cannabis-derived cannabinoid products. added inspection capabilities for illegal sales of flowers. OCM will add additional testing capacity using field mobile testing units and contracted test labs.
What many have considered a loophole in hemp regulations is that sales of flower containing less than 0.3% tetrahydrocannabinol (THC) but more than 0.3% total THC (THC and tetrahydrocannabinolic acid (THCA)) (including interstate). ) It is labeled as hemp.
THCA is the non-intoxicating acid form of THC, which converts to intoxicating THC when heated.
THCA sales in the U.S. rose from “negligible” amounts in 2022 to more than $203 million in 2023, according to Brightfield Group, a cannabis market analysis and forecasting firm. In 2023, THCA accounted for 7.32% of the hemp-derived THC market.
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Some states do not test for total THC, and their cannabis regulations consider flower with less than 0.3% THC to be legal cannabis. However, Minnesota law does not allow the sale of products containing more than 0.3% THC on a dry weight basis.
State inspectors will review certificates of analysis of test results for total THC in fresh flower products, and retailers found to be selling illegal products with more than 0.3% delta-9 THC on a dry weight basis will be subject to You could face an embargo and fines.'' Violations of state law carry fines of up to $1 million, according to a recent announcement from OCM. “Additionally, violations may impact an individual’s ability to receive a cannabis business license.”
According to a press release, OCM will require all MDH-registered retailers to begin fresh flower inspections immediately and to “review the products they currently sell to ensure they are within legal limits. “We encourage retailers to check the
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“The Office of Cannabis Control's primary goals are to ensure a safe and legal cannabis industry that protects public health and provides adult consumers with accurate and reliable information,” said OCM Interim Director Charlene Briner. said in a release. “This interagency agreement provides the ability to conduct inspections during this transition implementation period and ultimately more fully integrates the work of MDH inspectors as they transition their operations to OCM.”
In addition to expanding testing and testing capacity, OCM is asking the state Legislature to accelerate the timeline for transitioning enforcement of hemp-derived cannabinoids from MDH to OCM from March 2025 to July 1 of this year at the earliest. “The early transition was recognized by OCM as both a capacity-building strategy and a way to better coordinate and integrate regulatory activities that would all ultimately fall under OCM’s purview. ”, the release states.
“While this is a temporary issue and will no longer exist once the company is approved to sell cannabis flower, OCM’s commitment to ensuring the industry complies with all legal requirements is steadfast. Yes, and it's ongoing,” Briner said. “We are confident that by providing clear expectations and guidance to businesses, the vast majority of businesses will choose to comply with the law.”