Minnesota is one of the wealthiest states, with its citizens having the best standards of living in the country. As the hemp and CBD industry takes shape here, the lawmakers and industry advocates are experiencing growing up pangs. So, Is CBD Oil Legal in the ‘North Star’ State?
Is CBD oil legal
Yes, it is legal as long as it is derived from the hemp plant. CBD derived from cannabis is also legal but only for medicinal uses by authorized patients with an identified disease.
What’s legal, What’s not!
In 2014, SF2470 allowed legal protection to patients with debilitating medical conditions under Minnesota’s Medical Marijuana Program. This approval to use CBD products is on the basis of a physician’s recommendation, their medical test results and should be over 18 years of age or older and have a valid proof of residency in the state of Minnesota. Approved patients have the authority to use them if they have been derived from the hemp as well as the cannabis parts of the plant.
In 2015, they passed under Chapter 18K the Industrial Hemp Development Act to start an industrial hemp pilot program. This Chapter categorized hemp as an agricultural crop and allowed the Commission of Agriculture to set up this pilot and to grow industrial hemp at institutions of higher education for research and agricultural purposes only.
Patients qualifying under SF2470 may only obtain and use medical cannabis products legally in the form of oils, pills or liquids. Smoking or vaping any of these products is still an illegal activity as per the law. This limitation to not smoke it has been a major complaint amongst patients as they deem it most effective for treatment as well as being the cheapest product. Medical uses of CBD also do not have a concentration requirement for THC or CBD.
The approved medical conditions that are allowed under the law are:
- Intractable Pain
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn’s Disease and Inflammatory Bowel Disease
- Seizures, including those characteristic of Epilepsy
- Severe and Persistent Muscle Spasms
- Tourette’s Syndrome
- Any terminal illness with life expectancy under one year
The law in Minnesota though contains the strongest privacy protection for patients, seeks to collect medical data from physicians on the patients whom they recommend for this medical cannabis treatment.
More debilitating diseases were added to the above list via HF 3142 like intractable pain, PTSD, Obstructive Sleep Apnea and Autism Spectrum Disorders effective from July 2018. This legal document HF 3142 also improved transportation laws for testing procedures, for the disposal of materials and allows pharmacists to have a video conference with the patients.
The law does not provide legal access to cannabis for recreational purposes in any manner or to the use of marijuana outside these medically approved parameters. The Minnesota Commissioner of Health has been made responsible to regulate the registry of patients and for the production as well as distribution of this medical cannabis.
The initial legislation though passed in 2014, still is awaiting pertinent laws to be in place for its implementation on the ground level. The state of Minnesota has always been known as a progressive state but seems to be quite restrictive and limited when it comes to the question of CBD or even marijuana. Nonetheless, they have made small changes at constant intervals of time and further changes are projected in the future as and when the need arises.
The Minnesota Board of Pharmacy in January 2019 recently admonished people using products in the retail market marked as CBD for human and animal consumption with advertising to prevent, treat or cure diseases. They also argued that CBD is a psychoactive compound as it interacts with the nervous system though it does not produce a high.
They maintain that as these products available in the market easily as CBD products have not been approved by the FDA for human consumption, they are banned and the Board is liable to take legal action soon.
As per them only Epidiolex is a legal form of CBD that may be allowed to be used. They also point out that legislation only changes the status of CBD as a controlled substance and does not legalise its sale in the state of Minnesota as such laws are yet to be written.
The DEA also as of date continues to classify CBD as a Schedule I drug that has no current accepted medical use and has a high potential for abuse. This definition however applies to the entire cannabis plant including CBD. And until better laws are written in Minnesota regarding the sale and use of CBD products, this definition applies for the state as well.
Where to buy CBD oil
CBD stores, food joints, coffee shops, etc. have proliferated in this burgeoning trade all over the state. Some of the places where you can enjoy their benefits are:
- Nothing but Hemp, 617 W Lake St, Minneapolis, MN 55408, USA
- Minnesota Medical Solutions, 5232 W 84th St, Bloomington, MN 55437, USA
- 1 Life CBD Products, 8251 Flying Cloud Dr #6502, Eden Prairie, MN 55344, USA
- LeafLine Labs Hibbing, 302 E Howard St, Hibbing, MN 55746, USA
Horrors of Buying CBD locally
Buyer’s should be aware that using CBD oils or any other CBD products especially ones that have been derived from marijuana and not the hemp are a risk as you will fail a drug test or a even a roadside sobriety test. This could lead to charges that are extremely expensive, suspension of your driver’s license as well as possible jail time.
Due to the lacuna in the law regarding quality of the product many of the companies are not following good manufacturing procedures. Even the Minnesota Board of Pharmacy throw up their hands and do not offer even minimal assurances to the public regarding the safety of the product under sale. A third-party certificate of a product is a better indicator as of date rather than the advertising about the quality of the product you intend to buy.
Also, do not use CBD products for smoking or vaping as that is still a clearly illegal activity in the state of Minnesota.
How to get CBD Oil Online
Online shopping is the norm of the day. It makes the whole process of buying an easier, faster and convenient activity that one can undertake from the comfort of your home. The same laws apply to an online product as to the offline variety and one should check the quality of the product by going through the third-party certificate. Online shopping also provides feedback on the product in terms of comments and star ratings which can also point you in the right direction. Other than that, you can get good deals online making the product much cheaper than the local market rates.
Final Thoughts on CBD Oil in Minnesota
Although CBD oil and its many other forms are available in the state of Minnesota quite easily, the laws for their sale is yet to be written and formalized. Federal laws apply till then for such sales procedures which are quite clear that it is illegal to sell CBD unless they have done their research and found truly that CBD helps in various medical conditions as advertised. Till then stay away if you respect the legal word though it is available for all and sundry to use in the state of Minnesota or use this grey area of the law to test some of the CBD products soon.