HF 1615

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/26/2025 02:55 p.m.

A bill for an act
relating to cannabis; modifying the limits of delta-9 tetrahydrocannabinol in edible
cannabinoid products and lower-potency hemp edibles when intended to be
consumed as beverages; amending Minnesota Statutes 2024, sections 151.72,
subdivision 5a; 342.01, subdivision 50; 342.46, subdivision 6.

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

Section 1.

Minnesota Statutes 2024, section 151.72, subdivision 5a, is amended to read:

Subd. 5a.

Additional requirements for edible cannabinoid products.

(a) In addition
to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid
must meet the requirements of this subdivision.

(b) An edible cannabinoid product must not:

(1) bear the likeness or contain cartoon-like characteristics of a real or fictional person,
animal, or fruit that appeals to children;

(2) be modeled after a brand of products primarily consumed by or marketed to children;

(3) be made by applying an extracted or concentrated hemp-derived cannabinoid to a
commercially available candy or snack food item;

(4) be 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) contain an ingredient, other than a hemp-derived cannabinoid, that is not approved
by the United States Food and Drug Administration for use in food;

(6) be packaged in a way that resembles the trademarked, characteristic, or
product-specialized packaging of any commercially available food product; or

(7) be packaged in a container that includes a statement, artwork, or design that could
reasonably mislead any person to believe that the package contains anything other than an
edible cannabinoid product.

(c) An edible cannabinoid product must be prepackaged in packaging or a container that
is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is
child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The
requirement that packaging be child-resistant does not apply to an edible cannabinoid product
that is intended to be consumed as a beverage.

(d) If an edible cannabinoid product, other than a product that is intended to be consumed
as a beverage, is intended for more than a single use or contains multiple servings, each
serving must be indicated by scoring, wrapping, or other indicators designating the individual
serving size that appear on the edible cannabinoid product. If it is not possible to indicate
a single serving by scoring or use of another indicator that appears on the product, the edible
cannabinoid product may not be packaged in a manner that includes more than a single
serving in each container, except that a calibrated dropper, measuring spoon, or similar
device for measuring a single serving, when sold with the product, may be used for any
edible cannabinoid products that are intended to be combined with food or beverage products
prior to consumption.

(e) A label containing at least the following information must be affixed to the packaging
or container of all edible cannabinoid products sold to consumers:

(1) the serving size;

(2) the cannabinoid profile per serving and in total;

(3) a list of ingredients, including identification of any major food allergens declared
by name; and

(4) the following statement: "Keep this product out of reach of children."

(f) An edible cannabinoid product must not contain more than five milligrams of any
tetrahydrocannabinol in a single serving new text begin , except that an edible cannabinoid product that is
intended to be consumed as a beverage may contain no more than ten milligrams of any
tetrahydrocannabinol in a single serving container new text end . An edible cannabinoid product, other
than a product that is intended to be consumed as a beverage, may not contain more than a
total of 50 milligrams of any tetrahydrocannabinol per package. An edible cannabinoid
product that is intended to be consumed as a beverage may not contain more than two
servings per container.

(g) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9
tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an
artificially derived cannabinoid. Edible cannabinoid products are prohibited from containing
any other artificially derived cannabinoid, including but not limited to THC-P, THC-O, and
HHC, unless the office authorizes use of the artificially derived cannabinoid in edible
cannabinoid products. Edible cannabinoid products are prohibited from containing synthetic
cannabinoids.

(h) Every person selling edible cannabinoid products to consumers, other than products
that are intended to be consumed as a beverage, must ensure that all edible cannabinoid
products are displayed behind a checkout counter where the public is not permitted or in a
locked case.

Sec. 2.

Minnesota Statutes 2024, section 342.01, subdivision 50, is amended to read:

Subd. 50.

Lower-potency hemp edible.

(a) "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;

(4) does not contain a cannabinoid derived from cannabis plants or cannabis flower;

(5) 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; and

(6) meets either of the requirements in paragraph (b).

(b) A lower-potency hemp edible includes:

(1) a product that:

(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 begin , except that a
lower-potency hemp edible that is intended to be consumed as a beverage may contain no
more than ten milligrams of delta-9 tetrahydrocannabinol in a single serving container new text end ;

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

(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, if 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

(2) a product that:

(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

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

Sec. 3.

Minnesota Statutes 2024, section 342.46, subdivision 6, is amended to read:

Subd. 6.

Compliant products.

(a) A lower-potency hemp edible retailer shall ensure
that all lower-potency hemp edibles offered for sale comply with the limits on the amount
and types of cannabinoids that a lower-potency hemp edible can contain, including but not
limited to the requirement that lower-potency hemp edibles:

(1) consist of servings that contain no more than five milligrams of delta-9
tetrahydrocannabinol, no more than 25 milligrams of cannabidiol, no more than 25 milligrams
of cannabigerol, or any combination of those cannabinoids that does not exceed the identified
amounts new text begin , except that a lower-potency hemp edible that is intended to be consumed as a
beverage may contain no more than ten milligrams of delta-9 tetrahydrocannabinol in a
single serving container new text end ;

(2) do not contain more than a combined total of 0.5 milligrams of all other cannabinoids
per serving; and

(3) do not contain an artificially derived cannabinoid other than delta-9
tetrahydrocannabinol.

(b) If a lower-potency hemp edible is packaged in a manner that includes more than a
single serving, the lower-potency hemp edible must indicate each serving by scoring,
wrapping, or other indicators that appear on the lower-potency hemp edible designating the
individual serving size. If it is not possible to indicate a single serving by scoring or use of
another indicator that appears on the product, the lower-potency hemp edible may not be
packaged in a manner that includes more than a single serving in each container, except
that a calibrated dropper, measuring spoon, or similar device for measuring a single serving
may be used for any edible cannabinoid products that are intended to be combined with
food or beverage products prior to consumption. If the lower-potency hemp edible is meant
to be consumed as a beverage, the beverage container may not contain more than two
servings per container.

(c) A single package containing multiple servings of a lower-potency hemp edible must
contain no more than 50 milligrams of delta-9 tetrahydrocannabinol, 250 milligrams of
cannabidiol, 250 milligrams of cannabigerol, or any combination of those cannabinoids that
does not exceed the identified amounts.