Is Delta-8 Legal in Minnesota in 2022?

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Is Delta-8 Legal in Minnesota flag

Is Delta-8 Legal in Minnesota?

Hemp-derived Delta-8 THC appears to be legal in Minnesota according to the Farm Bill and state rules.  Keep reading for more info. Click here to order the finest Delta-8 products online

What is Delta-8? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system

The endocannabinoid system uses the cannabinoids as neurotransmitters/neuromodulators that work with the cannabinoid receptors throughout the human body. ​​The system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1]. 

Delta-8 is a popular THC product used for therapeutic and personal needs. It is similar to Delta-9 THC and we’ll look at that in the next section. Most states including Minnesota have been onboard with Delta-8.  

 

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis. 

An isomer is each of two or more compounds with the same formula but a different arrangement of atoms in the molecule and with different properties. 

The molecules that make these three types of THC are very similar in form. A small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

Read our Guide to Hemp-Derived Delta-9 THC for more information.

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What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use. 

Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal? 

The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the cannabis plant. 

In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC. 

The Bill defines hemp as: 

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp. 

Order Earthy Select Delta-8 THC Gummies

Most states passed similar laws in the year or years following the Farm Bill’s enactment. The majority of states adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids. 

How do you buy high quality Delta-8?

Finding great Delta-8 isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products. 

The production methods and standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. 

Transparency promotes trust and reliability. Producers should only use third-party lab testing and publish the CoA results where buyers can access them. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products. 

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including tasty and potent Delta-8 Pre-Rolls

Where is Delta-8 THC legal? 

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight. 

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. States still have the ability to limit Delta-8 or other cannabinoids within their own borders. It’s confusing for Americans but is the current situation. To learn about all 50 states, read Is Delta-8 THC Legal in Your State?

Where to buy Delta-8 in Minnesota

Delta-8 is available from CBD stores & convenience stores all across Minnesota. Remember you can always use Earthy Select’s discreet and direct mail order service for the best Delta-8, Delta-9, and Delta-10 delivered straight to you! We sell potent gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide. 

Delta-8 and the law in Minnesota

Hemp-derived Delta-8 THC appears to be legal in Minnesota according to the Farm Bill and state rules. 

Minnesota has a medical marijuana program, although it is considered restrictive. While the state does not sanction recreational adult-use of marijuana, it has been decriminalized there since 1976 [3]. An adult caught possessing up to 1.5 oz faces only a potential fine and no incarceration [4]

Minnesota allows the sale and use of hemp and hemp-derived products per federal definitions and guidelines, meaning if the products are made from cannabis containing less than .3% Delta-9 THC by dry weight [5]. 

Statute 151.72, “Sale of Certain Cannabinoid Products,” allows for the sale of “nonintoxicating cannabinoids,” but what this use of “nonintoxicating” specifically means is vague. The Minnesota Board of Pharmacy Director Cody Wiberg, has the opinion that Delta-8 is a drug, but that office doesn’t legislate [6], so some clarity from authorities would be helpful. 

Final thoughts on Delta-8 in Minnesota

Folks in Minnesota love Delta-8. For the best possible products, ordering online might be the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide! 


Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

  1. https://en.wikipedia.org/wiki/Endocannabinoid_system
  2. https://ascpt.onlinelibrary.wiley.com/doi/abs/10.1002/cpt1973143353
  3. https://en.wikipedia.org/wiki/Cannabis_in_Minnesota
  4. https://norml.org/laws/minnesota-penalties-2/
  5. https://www.revisor.mn.gov/statutes/cite/151.72
  6. https://www.boreal.org/2022/01/16/387423/it-meets-the-legal-definition-of-a-drug-minnesota-regulators-seek-to-rein-in-delta-8-thc

 

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Frequently Asked Questions

 

How long does Delta-8 stay in your system?

There is no exact answer since everyone is different. Delta-8’s effects typically last a matter of hours, depending on the product and method of ingestion. 

Delta-8 THC can remain in the system for about two days if you only use it once or twice. If you use it routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system. 

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. 

Does Delta-8 get you very high?

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. You may feel “high” after using THC products so we strongly recommend you use them responsibly.

How do I take Delta-8?

Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are also an option for dabbing. Tablets and lozenges are great for maintenance dosages. Delta-8 is available in something for everyone (21 or older 🙂 ). 

Is it safe to send Delta-8 in the mail?

Yes, but even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.

What is a CoA?

A certificate of analysis (CoA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

What is the difference between THC and CBD?

CBD (cannabidiol) and THC (tetrahydrocannabinol) are both naturally-occurring cannabinoids from the cannabis plant, and both have the exact same molecular structure. A slight difference in how the atoms are arranged accounts for the differing effects on your body. THC is the main psychoactive component of the plant—the part that can make people feel “high.” CBD is not psychoactive and is used for therapeutic effects of its own.