as introduced - 94th Legislature (2025 - 2026) Posted on 02/27/2025 03:16pm
Engrossments | ||
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Introduction | Posted on 02/27/2025 |
A bill for an act
relating to cannabis; authorizing certain liquor wholesalers to purchase and sell
lower-potency hemp edibles; proposing coding for new law in Minnesota Statutes,
chapter 342.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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A wholesaler, as defined in section 340A.101, subdivision
28, with a valid license issued under chapter 340A may purchase and sell lower-potency
hemp edibles subject to the requirements of this section.
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Every wholesaler purchasing and selling lower-potency hemp
edibles on or after April 1, 2025, must be registered with the office. A wholesaler must
register in the form and manner established by the office. The sale of lower-potency hemp
edibles by a person who is not registered with the office is prohibited and subject to the
penalties in section 342.09, subdivision 6; any applicable criminal penalty; and any other
applicable civil or administrative penalty.
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A registered wholesaler may:
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(1) purchase lower-potency hemp edibles from cannabis microbusinesses, cannabis
mezzobusinesses, cannabis cultivators, cannabis manufacturers, and lower-potency hemp
edible manufacturers;
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(2) sell lower-potency hemp edibles to lower-potency hemp edible retailers, cannabis
microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail
endorsement, cannabis retailers, and medical cannabis combination businesses;
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(3) import lower-potency hemp edibles that contain hemp concentrate or artificially
derived cannabinoids that are derived from hemp plants or hemp plant parts; and
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(4) perform other actions approved by the office.
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(a) A registered wholesaler must maintain accurate records and
ensure that appropriate labels remain affixed to lower-potency hemp edibles.
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(b) A registered wholesaler must maintain compliance with state and local building, fire,
and zoning requirements or regulations and must ensure that the wholesaler's premises are
maintained in a clean and sanitary condition, free from infestation by insects, rodents, or
other pests.
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(c) A registered wholesaler may purchase and sell other products or items for which the
wholesaler has a license or an authorization or that do not require a license or an
authorization. Products for which no license or authorization is required include but are not
limited to industrial hemp products, products that contain hemp grain, hemp-derived topical
products, and cannabis paraphernalia. Cannabis paraphernalia includes but is not limited to
childproof packaging containers and other devices designed to ensure the safe storage and
monitoring of cannabis flower and cannabis products in the home to prevent access by
individuals under 21 years of age.
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(d) The limitations on financial relationships described in section 342.23, subdivision
5, apply to registered wholesalers.
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(a) A registered wholesaler
may transport lower-potency hemp edibles on public roadways if:
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(1) the lower-potency hemp edibles are in final packaging;
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(2) the lower-potency hemp edibles are packaged in tamper-evident containers that are
not visible or recognizable from outside the transporting vehicle;
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(3) the registered wholesaler has a shipping manifest in the registered wholesaler's
possession that describes the contents of all tamper-evident containers;
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(4) all departures, arrivals, and stops are appropriately documented;
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(5) no person other than a designated employee enters a vehicle at any time that the
vehicle is transporting lower-potency hemp edibles; and
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(6) the registered wholesaler complies with any other rules adopted by the office related
to the transportation of lower-potency hemp edibles by a lower-potency hemp edible retailer.
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(b) Any vehicle assigned for the purposes of transporting lower-potency hemp edibles
is subject to inspection at any time.
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(a) A registered wholesaler may sell
products manufactured outside the boundaries of the state of Minnesota if:
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(1) the manufacturer is licensed in another jurisdiction and subject to regulations designed
to protect the health and safety of consumers that the office determines are substantially
similar to the regulations in this state; or
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(2) the registered wholesaler establishes, to the satisfaction of the office, that the
manufacturer engages in practices that are substantially similar to the practices required for
licensure of manufacturers in this state.
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(b) The office may cancel the registration of a wholesaler who is prohibited from
distributing products containing cannabinoids in any other jurisdiction, convicted of an
offense involving the distribution of products containing cannabinoids in any other
jurisdiction, or found liable for distributing any product that injured customers in any other
jurisdiction. A registered wholesaler shall disclose all relevant information related to actions
in another jurisdiction. Failure to disclose relevant information may result in disciplinary
action by the office, including cancellation of a registration.
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(c) Notwithstanding any law to the contrary, it shall not be a defense in any civil or
criminal action that a registered wholesaler relied on information on a product label or
otherwise provided by a manufacturer who is not licensed in this state.
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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.
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This section is effective the day following final enactment.
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