HF 4251

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 03:46pm

A bill for an act
relating to cannabis; prohibiting the Office of Cannabis Management from
approving certain cannabis flower, cannabis products, and hemp-derived consumer
products; amending Minnesota Statutes 2023 Supplement, section 342.06.

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

Section 1.

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

342.06 APPROVAL OF CANNABIS FLOWER, PRODUCTS, AND
CANNABINOIDS.

(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 (e) The office must not approve any cannabis flower, cannabis product, or hemp-derived
consumer product intended to be inhaled as smoke, aerosol, or vapor from the product that:
new text end

new text begin (1) contains any added artificial, synthetic, or natural flavoring, either in the product
itself or in its components or parts;
new text end

new text begin (2) presents any descriptor or depiction of flavor that would imply to an ordinary person
that the product contains flavors other than the natural taste or smell of cannabis;
new text end

new text begin (3) imparts a taste or smell, other than the taste or smell of cannabis, that is distinguishable
by an ordinary consumer prior to or during the consumption of the product; or
new text end

new text begin (4) imparts a cooling, a burning, a numbing, or another sensation distinguishable by an
ordinary consumer to impart a flavor other than cannabis either prior to or during the
consumption of the product.
new text end