HF 4629

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:44pm

A bill for an act
relating to hemp products; establishing a petition process to designate cannabinoids
as nonintoxicating or approved for use in lower-potency hemp edibles; authorizing
lower-potency hemp edibles to contain certain artificially derived cannabinoids
created in making delta-9 tetrahydrocannabinol; allowing testing of certain hemp
products to be performed by labs meeting accreditation standards regardless of
licensing status; designating cannabinol and cannabichromene as nonintoxicating
cannabinoids; providing for lower-potency hemp vapes; making conforming
changes; amending Minnesota Statutes 2023 Supplement, sections 342.01,
subdivision 50, by adding a subdivision; 342.06; 342.46, subdivision 8; 342.61,
subdivision 1; 342.63, subdivision 5; 342.66, subdivisions 3, 6; proposing coding
for new law in Minnesota Statutes, chapter 342.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2023 Supplement, section 342.01, subdivision 50, is amended
to read:

Subd. 50.

Lower-potency hemp edible.

new text begin (a) new text end "Lower-potency hemp edible" means any
product that:

(1) is intended to be eaten or consumed as a beverage by humans;

(2) contains hemp concentrate or an artificially derived cannabinoid, in combination
with food ingredients;

(3) is not a drug;

deleted text begin (4) consists of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol, 25 milligrams of cannabidiol, 25 milligrams of cannabigerol, or any
combination of those cannabinoids that does not exceed the identified amounts;
deleted text end

deleted text begin (5) does not contain more than a combined total of 0.5 milligrams of all other
cannabinoids per serving;
deleted text end

deleted text begin (6) does not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol;
deleted text end

deleted text begin (7) deleted text end new text begin (4) new text end does not contain a cannabinoid derived from cannabis plants or cannabis flower;
deleted text begin and
deleted text end

deleted text begin (8) deleted text end new text begin (5) new text end is a type of product approved for sale by the office or is substantially similar to
a product approved by the office, including but not limited to products that resemble
nonalcoholic beverages, candy, and baked goods deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) meets either of the requirements in paragraph (b).
new text end

new text begin (b) A lower-potency hemp edible includes:
new text end

new text begin (1) a product that:
new text end

new text begin (i) consists of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol; no more than 25 milligrams of cannabidiol, cannabigerol, cannabinol,
or cannabichromene; any other cannabinoid authorized by the office; or any combination
of those cannabinoids that does not exceed the identified amounts;
new text end

new text begin (ii) does not contain more than a combined total of 0.5 milligrams of all other
cannabinoids per serving; and
new text end

new text begin (iii) does not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol, except that a product may include artificially derived cannabinoids
created during the process of creating the delta-9 tetrahydrocannabinol that is added to the
product, provided no artificially derived cannabinoid is added to the ingredient containing
delta-9 tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other
artificially derived cannabinoids is no less than 20 to one; or
new text end

new text begin (2) a product that:
new text end

new text begin (i) contains hemp concentrate processed or refined without increasing the percentage of
targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp
plant or hemp plant parts beyond the variability generally recognized for the method used
for processing or refining or by an amount needed to reduce the total THC in the hemp
concentrate; and
new text end

new text begin (ii) consists of servings that contain no more than five milligrams of total THC.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 342.01, is amended by adding a
subdivision to read:

new text begin Subd. 69a. new text end

new text begin Total THC. new text end

new text begin "Total THC" means the sum of the percentage by weight of
tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by weight of all
tetrahydrocannabinols.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 342.06, is amended to read:

342.06 APPROVAL OF CANNABIS FLOWER, PRODUCTS, AND
CANNABINOIDS.

new text begin Subdivision 1. new text end

new text begin Approval of cannabis flower and products. new text end

(a) For the purposes of
this section, "product category" means a type of product that may be sold in different sizes,
distinct packaging, or at various prices but is still created using the same manufacturing or
agricultural processes. A new or additional stock keeping unit (SKU) or Universal Product
Code (UPC) shall not prevent a product from being considered the same type as another
unit. All other terms have the meanings provided in section 342.01.

(b) The office shall approve product categories of cannabis flower, cannabis products,
lower-potency hemp edibles, and hemp-derived consumer products for retail sale.

(c) The office may establish limits on the total THC of cannabis flower, cannabis products,
and hemp-derived consumer products. As used in this paragraph, "total THC" means the
sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus
the percentage by weight of all tetrahydrocannabinols.

(d) The office shall not approve any cannabis product, lower-potency hemp edible, or
hemp-derived consumer product that:

(1) is or appears to be a lollipop or ice cream;

(2) bears the likeness or contains characteristics of a real or fictional person, animal, or
fruit;

(3) is modeled after a type or brand of products primarily consumed by or marketed to
children;

(4) is substantively similar to a meat food product; poultry food product as defined in
section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision
7;

(5) contains a synthetic cannabinoid;

(6) is made by applying a cannabinoid, including but not limited to an artificially derived
cannabinoid, to a finished food product that does not contain cannabinoids and is sold to
consumers, including but not limited to a candy or snack food; or

(7) if the product is an edible cannabis product or lower-potency hemp edible, contains
an ingredient, other than a cannabinoid, that is not approved by the United States Food and
Drug Administration for use in food.

new text begin Subd. 2. new text end

new text begin Approval of cannabinoids. new text end

new text begin (a) The office may designate any cannabinoid as
nonintoxicating and may approve the use of any cannabinoid in lower-potency hemp edibles.
The office may establish limits on the amount of an intoxicating cannabinoid that may be
present in a lower-potency hemp edible.
new text end

new text begin (b) Beginning January 1, 2026, any person may petition the office to designate a
cannabinoid as nonintoxicating or to allow the use of any cannabinoid in lower-potency
hemp edibles. Petitions must be filed in the form and manner established by the office and
must:
new text end

new text begin (1) specify the cannabinoid that is the subject of the petition;
new text end

new text begin (2) indicate whether the petition seeks to have the cannabinoid designated as
nonintoxicating or approved for use in lower-potency hemp edibles;
new text end

new text begin (3) indicate whether the cannabinoid has been identified in cannabis plants, cannabis
extract, hemp plant parts, or hemp extract; and
new text end

new text begin (4) include verified data, validated studies, or other evidence that is generally relied
upon in the scientific community to support the petition.
new text end

new text begin (c) The office must make a final determination on the petition and notify the petitioner
within 90 days of receiving a completed petition. The final determination must be in writing
and must contain an explanation of the office's decision including a description of any
scientific data reviewed by the office. Notification is completed by sending the final
determination by email or depositing the final determination in the United States mail in a
properly addressed envelope.
new text end

new text begin (d) If the office fails to make a final determination and notify the petitioner within 90
days, the petition shall be treated as if the petition were granted in full.
new text end

new text begin (e) The office must post all final determinations on the office's publicly facing website.
new text end

new text begin (f) If the office denies a petition to designate a cannabinoid as nonintoxicating or to
allow the cannabinoid's use in lower-potency hemp edibles, that denial shall be in effect for
two years. Any petition filed under this subdivision within two years of a final determination
denying a petition for the same cannabinoid must be summarily denied. The provisions of
paragraphs (c) and (d) do not apply to the summary denial of a petition.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 342.46, subdivision 8, is amended
to read:

Subd. 8.

On-site consumption.

(a) A lower-potency hemp edible retailer may permit
on-site consumption of lower-potency hemp edibles on a portion of its premises if it has an
on-site consumption endorsement.

(b) The office shall issue an on-site consumption endorsement to any lower-potency
hemp edible retailer that also holds an on-sale license issued under chapter 340A.

(c) A lower-potency hemp edible retailer must ensure that lower-potency hemp edibles
sold for on-site consumption comply with this chapter and rules adopted pursuant to this
chapter regarding testing.

(d) Lower-potency hemp edibles sold for on-site consumption, other than lower-potency
hemp edibles that are intended to be consumed as a beverage, must be served in the required
packaging, but may be removed from the products' packaging by customers and consumed
on site.

(e) Lower-potency hemp edibles that are intended to be consumed as a beverage may
be served outside of their packaging provided that the information that is required to be
contained on the label of a lower-potency hemp edible is posted or otherwise displayed by
the lower-potency hemp edible retailer. Hemp workers who serve beverages under this
paragraph are not required to obtain an edible cannabinoid product handler endorsement
under section 342.07, subdivision 3.

(f) Food and beverages not otherwise prohibited by this subdivision may be prepared
and sold on site provided that the lower-potency hemp edible retailer complies with all
relevant state and local laws, ordinances, licensing requirements, and zoning requirements.

(g) A lower-potency hemp edible retailer may offer recorded or live entertainment
provided that the lower-potency hemp edible retailer complies with all relevant state and
local laws, ordinances, licensing requirements, and zoning requirements.

(h) In addition to the prohibitions under subdivision 7, a lower-potency hemp edible
retailer with an on-site consumption endorsement may not:

(1) sell lower-potency hemp edibles to a customer who deleted text begin the lower-potency hemp edible
retailer knows or reasonably should know deleted text end is new text begin visibly new text end intoxicated deleted text begin or has consumed alcohol
within the previous five hours deleted text end ;

(2) sell lower-potency hemp edibles that are designed or reasonably expected to be mixed
with an alcoholic beverage; or

(3) permit lower-potency hemp edibles that have been removed from the products'
packaging to be removed from the premises of the lower-potency hemp edible retailer.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 342.61, subdivision 1, is amended
to read:

Subdivision 1.

Testing required.

new text begin (a) new text end Cannabis businesses and hemp businesses shall
not sell or offer for sale cannabis flower, cannabis products, artificially derived cannabinoids,
lower-potency hemp edibles, or hemp-derived consumer products to another cannabis
business or hemp business, or to a customer or patient, or otherwise transfer cannabis flower,
cannabis products, artificially derived cannabinoids, lower-potency hemp edibles, or
hemp-derived consumer products to another cannabis business or hemp business, unless:

(1) a representative sample of the batch of cannabis flower, cannabis products, artificially
derived cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products
has been tested according to this section and rules adopted under this chapter;

(2) the testing was completed by a cannabis testing facility licensed under this chapter new text begin
or meeting the requirements of paragraph (b) new text end ; and

(3) the tested sample of cannabis flower, cannabis products, artificially derived
cannabinoids, lower-potency hemp edibles, or hemp-derived consumer products was found
to meet testing standards established by the office.

new text begin (b) Testing of lower-potency hemp edibles and hemp-derived consumer products that
do not contain intoxicating cannabinoids may be performed by any laboratory that has been
accredited pursuant to standard ISO/IEC 17025 of the International Organization for
Standardization with specific accreditation for cannabis testing.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 342.63, subdivision 5, is amended
to read:

Subd. 5.

Content of label; hemp-derived topical products.

(a) All hemp-derived topical
products sold to customers must have affixed to the packaging or container of the product
a label that contains at least the following information:

(1) the manufacturer name, location, phone number, and website;

(2) the name and address of the independent, accredited laboratory used by the
manufacturer to test the product;

(3) the net weight or volume of the product in the package or container;

(4) the type of topical product;

(5) the amount or percentage of cannabidiol, cannabigerol, new text begin cannabinol, cannabichromene,
new text end or any other cannabinoid, derivative, or extract of hemp, per serving and in total;

(6) a list of ingredients;

(7) a statement that the product does not claim to diagnose, treat, cure, or prevent any
disease and that the product has not been evaluated or approved by the United States Food
and Drug Administration, unless the product has been so approved; and

(8) any other statements or information required by the office.

(b) The information required in paragraph (a), clauses (1), (2), and (5), may be provided
through the use of a scannable barcode or matrix barcode that links to a page on a website
maintained by the manufacturer or distributor if that page contains all of the information
required by this subdivision.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 342.66, subdivision 3, is amended
to read:

Subd. 3.

Approved cannabinoids.

(a) Products manufactured, marketed, distributed,
and sold under this section may contain cannabidiol deleted text begin or deleted text end new text begin , new text end cannabigerol new text begin , cannabinol, or
cannabichromene new text end . Except as provided in paragraph (c), products may not contain any other
cannabinoid unless approved by the office.

(b) The office may approve any cannabinoid, other than any tetrahydrocannabinol, and
authorize its use in manufacturing, marketing, distribution, and sales under this section if
the office determines that the cannabinoid is a nonintoxicating cannabinoid.

(c) A product manufactured, marketed, distributed, and sold under this section may
contain cannabinoids other than cannabidiol, cannabigerol, new text begin cannabinol, cannabichromene,
new text end or any other cannabinoid approved by the office provided that the cannabinoids are naturally
occurring in hemp plants or hemp plant parts and the total of all other cannabinoids present
in a product does not exceed one milligram per package.

Sec. 8.

Minnesota Statutes 2023 Supplement, section 342.66, subdivision 6, is amended
to read:

Subd. 6.

Prohibitions.

(a) A product sold to consumers under this section must not be
manufactured, marketed, distributed, or intended:

(1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in humans or other animals;

(2) to affect the structure or any function of the bodies of humans or other animals;

(3) to be consumed by combustion or vaporization of the product and inhalation of
smoke, aerosol, or vapor from the product;

(4) to be consumed through chewing; or

(5) to be consumed through injection or application to a mucous membrane or nonintact
skin.

(b) A product manufactured, marketed, distributed, or sold to consumers under this
section must not:

(1) consist, in whole or in part, of any filthy, putrid, or decomposed substance;

(2) have been produced, prepared, packed, or held under unsanitary conditions where
the product may have been rendered injurious to health, or where the product may have
been contaminated with filth;

(3) be packaged in a container that is composed, in whole or in part, of any poisonous
or deleterious substance that may render the contents injurious to health;

(4) contain any additives or excipients that have been found by the United States Food
and Drug Administration to be unsafe for human or animal consumption;

(5) contain a cannabinoid or an amount or percentage of cannabinoids that is different
than the information stated on the label;

(6) contain a cannabinoid, other than cannabidiol, cannabigerol, new text begin cannabinol,
cannabichromene, new text end or a cannabinoid approved by the office, in an amount that exceeds the
standard established in subdivision 2, paragraph (c); or

(7) contain any contaminants for which testing is required by the office in amounts that
exceed the acceptable minimum standards established by the office.

(c) No product containing any cannabinoid may be sold to any individual who is under
21 years of age.

Sec. 9.

new text begin [342.667] SALE OF LOWER-POTENCY HEMP VAPES.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies to the sale of lower-potency hemp vapes.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin (a) For purposes of this section, "lower-potency hemp vape" means
any cartridge, bottle, or other package that holds a solution that:
new text end

new text begin (1) contains hemp plant parts, hemp concentrate, or artificially derived cannabinoids
intended for human consumption through inhalation of aerosol or vapor from the product;
new text end

new text begin (2) is not a drug;
new text end

new text begin (3) contains no more than 100 milligrams of total THC; no more than 250 milligrams
of cannabidiol, cannabigerol, cannabinol, or cannabichromene; any other cannabinoid
authorized by the office; or any combination of those cannabinoids that does not exceed
the identified amounts;
new text end

new text begin (4) does not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol, except that a product may include artificially derived cannabinoids
created during the process of creating the delta-9 tetrahydrocannabinol that is added to the
product, provided (i) no artificially derived cannabinoid is added to the ingredient containing
delta-9 tetrahydrocannabinol, and (ii) the ratio of delta-9 tetrahydrocannabinol to all other
artificially derived cannabinoids is no less than 20 to one;
new text end

new text begin (5) consists of no more than 50 percent total THC; and
new text end

new text begin (6) does not contain a cannabinoid derived from cannabis plants or cannabis flower.
new text end

new text begin (b) Lower-potency hemp vape includes any product manufactured, marketed, sold, or
intended to be used as an electronic cigarette, electronic cigar, electronic pipe, vape pen,
mode, tank system, or any other similar product or device, and any batteries, heating
elements, or other components, parts, or accessories sold with and meant to be used in the
consumption of a solution described in paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin License required. new text end

new text begin A lower-potency hemp edible retailer license is required to
sell lower-potency hemp vapes.
new text end

new text begin Subd. 4. new text end

new text begin Testing; packaging; labeling. new text end

new text begin Products sold under this section must comply
with the testing, packaging, and labeling requirements for hemp-derived consumer products
in sections 342.61 to 342.63.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin The office may enforce this section under the relevant provisions
of section 342.19, including but not limited to issuing administrative orders, embargoing
products, and imposing civil penalties.
new text end