SF 2174

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/07/2025 09:31 a.m.

A bill for an act
relating to commerce; requiring the Office of Cannabis Management to enforce
THC content and potency limitations; amending Minnesota Statutes 2024, section
342.06, subdivision 1.

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

Section 1.

Minnesota Statutes 2024, section 342.06, subdivision 1, is amended to read:

Subdivision 1.

Approval of cannabis flower and products.

(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 deleted text begin may establish deleted text end new text begin must enforce new text end 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. new text begin The office must enforce
the following THC content and potency limitations:
new text end

new text begin (1) cannabis concentrates, either liquid or solid, marketed for sale in the adult-use market
must not exceed 30 percent total THC content;
new text end

new text begin (2) topical and transdermal cannabis and hemp products must not contain more than 500
milligrams of THC;
new text end

new text begin (3) lower-potency hemp edibles and hemp-derived consumer products must not exceed
0.3 percent total THC potency; and
new text end

new text begin (4) cannabis flower marketed for sale in the adult-use market must not exceed ten percent
total THC content.
new text end

new text begin (d) The office must not approve cannabis flower or prerolls that have been infused with
additional THC or other psychoactive cannabinoids.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end 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.