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Office of the Revisor of Statutes

342.26 MANUFACTURE OF CANNABIS PRODUCTS; GENERAL REQUIREMENTS.

Subdivision 1.Applicability.

(a) A cannabis business seeking to manufacture cannabis products must apply for and obtain the applicable endorsement according to subdivisions 3 and 4.

(b) An endorsement under subdivisions 3 and 4 is available to the following license holders:

(1) cannabis microbusinesses;

(2) cannabis mezzobusinesses;

(3) cannabis macrobusinesses; and

(4) cannabis manufacturers.

Subd. 2.All manufacturer operations.

(a) Cannabis manufacturing must take place in an enclosed, locked facility that is used exclusively for the manufacture of cannabis products, creation of hemp concentrate, creation of artificially derived cannabinoids, creation of lower-potency hemp edibles, or creation of hemp-derived consumer products, except that a business that also holds a cannabis cultivator license may operate in a facility that shares general office space, bathrooms, entryways, and walkways.

(b) Cannabis manufacturing must take place on equipment that is used exclusively for the manufacture of cannabis products, creation of hemp concentrate, creation of artificially derived cannabinoids, creation of lower-potency hemp edibles, or creation of hemp-derived consumer products.

(c) A business with an endorsement under subdivision 3 or 4 must comply with all applicable packaging, labeling, and health and safety requirements.

Subd. 3.Cannabis extraction and concentration endorsement, hemp extraction and concentration endorsement, and creation of artificially derived cannabinoids endorsement.

(a) A cannabis business seeking to manufacture cannabis concentrate must apply for and obtain a cannabis extraction and concentration endorsement.

(b) A cannabis business seeking to manufacture hemp concentrate must apply for and obtain a hemp extraction and concentration endorsement.

(c) A cannabis business seeking to manufacture artificially derived cannabinoids must apply for and obtain a creation of artificially derived cannabinoids endorsement. A cannabis business must hold a hemp extraction and concentration endorsement to apply for and obtain a creation of artificially derived cannabinoids endorsement.

(d) A business with a cannabis extraction and concentration endorsement, hemp extraction and concentration endorsement, or creation of artificially derived cannabinoids endorsement must inform the office of all methods of extraction and concentration that the manufacturer intends to use and identify the volatile chemicals, if any, that will be involved in the creation of cannabis concentrate or hemp concentrate. A cannabis business with a cannabis extraction and concentration endorsement, hemp extraction and concentration endorsement, or creation of artificially derived cannabinoids endorsement may not use a method of extraction and concentration or a volatile chemical without approval by the office.

(e) A business with a cannabis extraction and concentration endorsement, hemp extraction and concentration endorsement, or creation of artificially derived cannabinoids endorsement must inform the office of all methods of conversion that the manufacturer will use, including any specific catalysts that the manufacturer will employ, to create artificially derived cannabinoids and the molecular nomenclature of all cannabinoids or other chemical compounds that the manufacturer will create. A business with a cannabis extraction and concentration endorsement, hemp extraction and concentration endorsement, or creation of artificially derived cannabinoids endorsement may not use a method of conversion or a catalyst without approval by the office.

(f) A business with a cannabis extraction and concentration endorsement, hemp extraction and concentration endorsement, or creation of artificially derived cannabinoids endorsement must obtain a certification from an independent third-party industrial hygienist or professional engineer approving:

(1) all electrical, gas, fire suppression, and exhaust systems; and

(2) the plan for safe storage and disposal of hazardous substances, including but not limited to any volatile chemicals.

(g) A business with a cannabis extraction and concentration endorsement may manufacture cannabis concentrate from cannabis flower received from an unlicensed person who is at least 21 years of age and must comply with all health and safety requirements established by the office. At a minimum, the office shall require the manufacturer to:

(1) store the cannabis flower in an area that is segregated from cannabis flower and hemp plant parts received from a licensed cannabis business;

(2) perform the extraction and concentration on equipment that is used exclusively for extraction or concentration of cannabis flower received from unlicensed individuals;

(3) store any cannabis concentrate in an area that is segregated from cannabis concentrate, hemp concentrate, or artificially derived cannabinoids derived or manufactured from cannabis flower or hemp plant parts received from a licensed cannabis business; and

(4) provide any cannabis concentrate only to the person who provided the cannabis flower.

(h) Upon the sale of cannabis concentrate, hemp concentrate, or artificially derived cannabinoids to any person, cooperative, or business, a business with a cannabis extraction and concentration endorsement, hemp extraction and concentration endorsement, or creation of artificially derived cannabinoids endorsement must provide a statement to the buyer that discloses the method of extraction and concentration or conversion used and any solvents, gases, or catalysts, including but not limited to any volatile chemicals, involved in that method.

Subd. 4.Edible cannabinoid product handler endorsement and production of consumer products endorsement.

(a) A cannabis business seeking to produce edible cannabis products or lower-potency hemp edibles must apply for and obtain an edible cannabinoid product handler endorsement from the office.

(b) A cannabis business with an edible cannabinoid product handler endorsement must comply with the requirements in section 342.07, subdivision 3.

(c) A cannabis business seeking to produce hemp-derived consumer products or cannabis products other than edible cannabis products must apply for and obtain a production of consumer products endorsement.

(d) A cannabis business with an endorsement under this subdivision must ensure that all areas within the licensed premises of the business meet the sanitary standards specified in rules adopted by the office.

(e) A cannabis business with an endorsement under this subdivision may only add chemicals or compounds approved by the office to cannabis concentrate, hemp concentrate, or artificially derived cannabinoids.

(f) Upon the sale of any cannabis product, lower-potency hemp edible, or hemp-derived consumer product to a cannabis business or hemp business, a cannabis business with an endorsement under this subdivision must provide a statement to the buyer that discloses the product's ingredients, including but not limited to any chemicals or compounds and any major food allergens declared by name.

(g) A business with an endorsement under this subdivision must not add any cannabis flower, cannabis concentrate, artificially derived cannabinoid, hemp plant part, or hemp concentrate to a product if the manufacturer of the product holds a trademark to the product's name, except that a business licensed or authorized to manufacture cannabis products may use a trademarked food product if the manufacturer uses the product as a component or as part of a recipe and if the business licensed or authorized to manufacture cannabis products does not state or advertise to the customer that the final retail cannabis product, lower-potency hemp edible, or hemp-derived consumer product contains a trademarked food product.

Subd. 5.Exception.

Nothing in this section applies to the operations of a lower-potency hemp edible manufacturer. A lower-potency hemp edible manufacturer must comply with section 342.45 and applicable rules.

Official Publication of the State of Minnesota
Revisor of Statutes