Minnesotans can now legally buy THC edibles, but there’s a big problem

Through Nina Zdinjak

In May, Gov. Tim Walz (D) signed the large-scale legislation, which included provisions giving Minnesota-based hemp companies permanent protections for the legal sale of CBD-infused edibles and beverages. In addition to CBD, the measure allows for the legal sale of all hemp-derived cannabinoids in foods, beverages, and topicals, to name a few. Products must contain less than the federal limit of 0.3% THC.

The new law also allows for the legal sale of up to 5 mg of THC from hemp in edibles and beverages to people 21 and older.

Photo by Jamie Grill/Getty Images

RELATED: Minnesota court rules hemp-derived cannabinoids in liquid form (but not leaf form!) unlawful

Bill sponsor Heather Edelson (DFL-Edina) expressed concern about the safety of legal Delta-8 marijuana products already available through a loophole in Minnesota law, the Duluth News Tribune reported.

“The products were aimed at young people and contained THC thresholds that were too high for the average consumer,” she said in a social media post announcing the passage of the bill in May. “In Minnesota, poison testing for youth under 12 increased dramatically in 2020 and 2021 due to packaging unsafe for children and (its) appeal to their age group.”

Edible products are regulated by the Minnesota Board of Pharmacy and must have a label detailing serving sizes, ingredients, and a warning to keep the product out of the reach of children.

Board of Pharmacy challenges

However, some are concerned about the Board of Pharmacy’s ability to carry out this task. Jill Phillips, the new executive director of the Board of Pharmacy, told J. Patrick Coolican of Minnesota Reformer, “We are set up to regulate licensees.”

The problem is that the new THC law doesn’t require a license to manufacture, distribute, or sell THC food and beverages, the outlet writes.

“It’s a new kind of work that we’re not necessarily ready for,” Phillips said.

The Board of Pharmacy employs just 23 people and also deals in dangerous legal opioids and other substances. And now they should also be concerned about the potency, packaging, and age requirements of the new THC products that are being sold everywhere.

Cannabis Brownies EdiblesPhoto by Sarah Pender/Getty Images

RELATED: Minnesota votes to legalize adult-use cannabis

Coolican writes that buyers should be aware that the Board of Pharmacy does not have a laboratory to test the product’s efficacy or safety, nor does it have a contract with a laboratory. Manufacturers must contract with a lab and keep records, but they are not required to submit results to the Board of Pharmacy except upon request, Phillips told the outlet.

Also, these products are not taxed as they are sold as food. That means no taxpayers’ money goes to better regulation or education about how to consume these products safely and responsibly.

This article originally appeared on Benzinga and has been republished with permission.

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