Minnesota Legislature
HF 4871
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:18pm
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A bill for an act
relating to cannabis; requiring the Office of Cannabis Management to establish
limits on the total THC in cannabis flower and cannabis products; prohibiting the
addition of ingredients to impart a taste or smell to cannabis products intended to
be consumed through the inhalation of smoke, vapor, or aerosol; requiring warnings
about cannabis consumption to include a warning regarding cancer; prohibiting
advertisements that promote the co-consumption of alcohol and cannabis; amending
Minnesota Statutes 2023 Supplement, sections 342.06; 342.63, subdivision 6;
342.64, subdivision 1.
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 deleted text begin maydeleted text end new text begin mustnew text end 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; deleted text begin or
deleted text end
new text begin
(7) is intended to be consumed by the combustion or vaporization of the product and
the inhalation of smoke, aerosol, or vapor from the product, that imparts a taste or smell,
other than the taste or smell of cannabis, that is distinguishable by an ordinary person prior
to or during the consumption of the product; or
new text end
deleted text begin (7)deleted text end new text begin (8)new text end 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.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 342.63, subdivision 6, is amended
to read:
Subd. 6.
Additional information.
(a) A cannabis microbusiness, cannabis mezzobusiness,
cannabis retailer, medical cannabis retailer, or medical cannabis combination business must
provide customers and patients with the following information:
(1) factual information about impairment effects and the expected timing of impairment
effects, side effects, adverse effects, andnew text begin the risk of cancer and othernew text end health risks deleted text begin ofdeleted text end new text begin associated
withnew text end cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived
consumer products;
(2) a statement that customers and patients must not operate a motor vehicle or heavy
machinery while under the influence of cannabis flower, cannabis products, lower-potency
hemp edibles, and hemp-derived consumer products;
(3) resources customers and patients may consult to answer questions about cannabis
flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products, and any side effects and adverse effects;
(4) contact information for the poison control center and a safety hotline or website for
customers to report and obtain advice about side effects and adverse effects of cannabis
flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products;
(5) substance use disorder treatment options; and
(6) any other information specified by the office.
(b) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical
cannabis retailer may include the information described in paragraph (a) on the label affixed
to the packaging or container of cannabis flower, cannabis products, lower-potency hemp
edibles, and hemp-derived consumer products by:
(1) posting the information in the premises of the cannabis microbusiness, cannabis
mezzobusiness, cannabis retailer, medical cannabis retailer, or medical cannabis combination
business; or
(2) providing the information on a separate document or pamphlet provided to customers
or patients when the customer purchases cannabis flower, a cannabis product, a lower-potency
hemp edible, or a hemp-derived consumer product.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 342.64, subdivision 1, is amended
to read:
Subdivision 1.
Limitations applicable to all advertisements.
Cannabis businesses,
hemp businesses, and other persons shall not publish or cause to be published an
advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis product,
a lower-potency hemp edible, or a hemp-derived consumer product in a manner that:
(1) contains false or misleading statements;
(2) contains unverified claims about the health or therapeutic benefits or effects of
consuming cannabis flower, a cannabis product, a lower-potency hemp edible, or a
hemp-derived consumer product;
(3) promotes the overconsumption of cannabis flower, a cannabis product, a
lower-potency hemp edible, or a hemp-derived consumer product;
new text begin
(4) promotes the co-consumption of cannabis flower, a cannabis product, a lower-potency
hemp edible, or a hemp-derived consumer product with alcohol;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end depicts a person under 21 years of age consuming cannabis flower, a cannabis
product, a lower-potency hemp edible, or a hemp-derived consumer product; or
deleted text begin (5)deleted text end new text begin (6)new text end includes an image designed or likely to appeal to individuals under 21 years of
age, including cartoons, toys, animals, or children, or any other likeness to images, characters,
or phrases that is designed to be appealing to individuals under 21 years of age or encourage
consumption by individuals under 21 years of age; and
deleted text begin (6)deleted text end new text begin (7)new text end does not contain a warning as specified by the office regarding impairment and
health risks.