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Is CBD Legal in Minnesota? State Hemp Rules in 2026

Minnesota licenses sellers of hemp edibles and drinks with CBD or THC, for adults 21+. THC caps are 5 mg per serving and 10 mg per drink. Rules as of Nov 2026.

Last checked: Based on official sourcesNot legal advice.

What's on this page?

In short

As of November 2, 2026, Minnesota regulates CBD and other hemp-derived products under its cannabis law, Minnesota Statutes chapter 342, run by the Office of Cannabis Management (OCM). Edibles and drinks made with hemp extracts are called lower-potency hemp edibles. They can be sold only by licensed businesses, to adults 21 and older.[1, 2, 3]

A lower-potency hemp edible can have up to 5 mg of delta-9 THC per serving, or up to 10 mg in a single drink container. It can also have CBD, CBG, CBN or CBC within set limits. An older state CBD law (Minn. Stat. § 151.72) was repealed in May 2026.[1, 4, 5, 6]

Both medical and adult-use cannabis are legal in Minnesota. OCM says the federal hemp change does not change how Minnesota defines these edibles, but it warns that many of them may not meet the new federal definition.[3, 7, 8]

At a glance

Is CBD Legal in Minnesota? State Hemp Rules in 2026
TopicStatus
Is CBD legal?As of November 2, 2026, yes, under chapter 342. A CBD food or drink counts as a lower-potency hemp edible and may be sold only by a business with a license that allows the sale. Hemp-derived topical products, such as lotions, need no license. An older CBD law in the pharmacy chapter (Minn. Stat. § 151.72) was repealed in full by a 2026 act, effective May 27, 2026, the day after final enactment.[2, 3, 5, 6, 9]
Hemp definition and THC limitA "hemp plant" is a cannabis plant with a delta-9 THC concentration of no more than 0.3% on a dry-weight basis. The same 0.3% delta-9 test appears in the industrial hemp law. Under § 342.66, the hemp concentrate in a hemp-derived topical product may not contain more than 0.3% total THC. State law also defines "total THC" as THCA times 0.877 plus all THCs.[1, 9, 10]
CBD in food and drinksA lower-potency hemp edible may have up to 5 mg of delta-9 THC per serving, or up to 10 mg in one drink container. The statute lists up to 100 mg each of CBD, CBG, CBN and CBC per serving or container, and says a combination may not exceed 400 mg (wording added by a law that took effect August 1, 2026). The wording is not fully clear about how the two limits fit together. All other cannabinoids together may not exceed 0.5 mg per serving. A multi-serving non-beverage package may hold no more than 50 mg of delta-9 THC.[1, 4, 5]
Intoxicating hemp products (delta-8, THCA flower and similar)Inside lower-potency hemp edibles, the only added artificially derived cannabinoid allowed is delta-9 THC (with a small allowance for by-products made while making it). OCM may not approve products that contain a synthetic cannabinoid. Hemp flower and other "hemp-derived consumer products" can be sold only by businesses licensed for cannabis retail, to adults 21 and older, up to two ounces per sale. Hemp-derived edibles may have up to 10 mg THC per serving and 200 mg per package.[1, 2, 11, 12]
Minimum age21 for lower-potency hemp edibles and for hemp-derived consumer products. Sellers must check age before a sale or delivery. We did not find a statewide minimum age for hemp-derived topical products in Minnesota law as of November 2, 2026.[2, 3, 9, 12]
Who can sell itSelling lower-potency hemp edibles without a license that allows it is not permitted. A lower-potency hemp edible retailer license, or a cannabis retail license with an endorsement, is needed. Retailers with a delivery endorsement may deliver, and must check age at delivery. Edibles other than drinks must be kept behind the counter or in a locked case. Vending machines and free samples are not allowed, except for samples consumed on a licensed premises. Importing these products from outside Minnesota to sell here also needs a license. We did not find a rule about online ordering.[2, 3, 12]
Labels and lab testingBatches must be tested by a licensed cannabis testing facility. Until May 31, 2027, an ISO 17025 lab with cannabis accreditation may test certain hemp products. Packages must be child-resistant (not required for drinks), tamper-evident and opaque, and cannot contain PFAS. Labels list the cannabinoid profile, ingredients, batch number, serving size, a state warning symbol and poison control information. A scannable barcode may carry the grower and maker details.[4, 13, 14]
Medical and adult-use marijuanaBoth are legal. Adults 21 and older may possess up to two ounces of adult-use cannabis flower in public. Minnesota also has a medical cannabis program with its own endorsements for growing, making and selling medical products.[3, 7]
November 12 and December 11, 2026OCM's September 22, 2026 bulletin says the federal change "does not change how Minnesota law defines LPHE products" and warns that many products legal in Minnesota, such as packages with more than 0.4 mg THC, would not meet the federal definition. Minnesota's definitions of "hemp plant" and of lower-potency hemp edibles do not refer to federal law. One new category that starts January 1, 2027, the ratio hemp-infused cannabis product, does refer to hemp "as defined by" 7 U.S.C. § 1639o(1), so the federal change may reach that category. That last point is our reading of the statute.[1, 5, 8, 15, 16]

Where CBD fits in Minnesota law

Minnesota folds most hemp-derived consumer products into its cannabis law, chapter 342. The law covers lower-potency hemp edibles (food and drinks made with hemp extracts), hemp-derived consumer products (such as hemp flower and some concentrates), and hemp-derived topical products.[1, 3]

A May 2026 act, Laws 2026, chapter 123, repealed Minnesota Statutes § 151.72, the older section on cannabinoids in food and supplements. The governor signed the bill on May 26, 2026, and the repeal took effect the day after, on May 27, 2026.[5, 6]

Under § 342.01, a "hemp plant" has no more than 0.3% delta-9 THC by dry weight. The industrial hemp law uses the same test. For hemp-derived topical products, § 342.66 says the hemp concentrate may not contain more than 0.3% total THC.[1, 9, 10]

Hemp edibles and drinks

A lower-potency hemp edible is food or a drink that contains hemp concentrate or an artificially derived cannabinoid and is a product type OCM has approved. It cannot be a drug, and it cannot contain a cannabinoid taken from cannabis plants or cannabis flower. Servings of non-beverage products may have up to 5 mg of delta-9 THC. A drink may have up to 10 mg in a single container. A second kind of lower-potency hemp edible is made from hemp concentrate that has not been refined to change the cannabinoid ratio of the plant extract. Its servings may contain no more than 5 mg of total THC.[1]

The statute lists up to 100 mg each of CBD, CBG, CBN and CBC per serving or container, and says a combination may not exceed 400 mg. The wording is not fully clear about how the two limits fit together. Laws 2026, chapter 123 added the combined 400 mg cap. Unless a section says otherwise, the act took effect August 1, 2026. All other cannabinoids together may not exceed 0.5 mg per serving.[1, 5]

Packaging rules add caps. A multi-serving non-beverage package may hold no more than 50 mg of delta-9 THC. A single-serving drink container may hold no more than 10 mg. A bottled multi-serving drink must hold at least 750 milliliters, with no more than 5 mg of delta-9 THC per serving and no more than 17 servings.[4]

OCM may not approve edibles that look like lollipops or ice cream, that resemble products made for children, that contain a synthetic cannabinoid, or that are made by adding a cannabinoid to a finished food product.[11]

Hemp flower, concentrates and other intoxicating products

Minnesota defines "hemp-derived consumer products" as products for people or animals to consume that contain hemp plant parts, or hemp concentrate or artificially derived cannabinoids mixed with other ingredients. They are sold only by businesses licensed for cannabis retail, not by lower-potency hemp edible retailers.[1, 2, 12]

A cannabis retailer may sell up to two ounces of hemp-derived consumer products made mostly of hemp plant parts in one transaction, and up to eight grams of those made mostly of concentrate or artificially derived cannabinoids. Hemp-derived products meant to be eaten may have up to 10 mg THC per serving and 200 mg per package. Drinks may have up to 10 mg per serving and two servings per container.[12]

OCM may set limits on total THC for hemp-derived consumer products. We did not find in the statute a rule on the status of specific products such as delta-8 or THCA flower. OCM pages that might say more were blocked to our tools.[11]

Licenses, age checks, labels and testing

No one may sell lower-potency hemp edibles or hemp-derived consumer products without a license that allows the sale. Importing them from outside Minnesota to sell here also requires a license, except for products bought for personal use. Hemp-derived topical products need no license.[3, 9]

A lower-potency hemp edible retailer may sell only to customers 21 or older and must check age before a sale or delivery. It may deliver with a delivery endorsement. Edibles other than drinks must sit behind a counter or in a locked case. It may not use vending machines or give free samples, except samples eaten on a licensed premises.[2]

Packages must be child-resistant (except drinks), tamper-evident and opaque. They may not look like ordinary non-cannabinoid products, appeal to people under 21, or contain PFAS. Labels must show the cannabinoid profile, ingredients, serving size, batch number, directions, a warning symbol and poison control information. A scannable barcode may carry information about the grower and maker.[4, 14]

Each batch must be tested before sale by a licensed cannabis testing facility. Until May 31, 2027, a lab accredited to ISO/IEC 17025 with cannabis accreditation may test certain hemp products.[13]

Medical and adult-use cannabis

Adults 21 and older may possess up to two ounces of adult-use cannabis flower in public, and edibles or hemp edibles with up to 800 mg of THC in total. People under 21 may not use or possess these products.[3]

Minnesota's medical cannabis program runs through licensed businesses that hold medical cannabis endorsements for growing, making and selling medical products to enrolled patients.[7]

Minnesota and the federal hemp changes

Federal law changes the definition of hemp, with a first piece on November 12, 2026 and the rest on December 11, 2026, unless Congress delays it again. Minnesota's definitions of "hemp plant" and of lower-potency hemp edibles do not refer to federal law. One new category that starts January 1, 2027, the ratio hemp-infused cannabis product, does refer to 7 U.S.C. § 1639o(1).[1, 5, 15, 16]

OCM's September 22, 2026 bulletin says the federal change "does not change how Minnesota law defines LPHE products". It also warns that many products legal under Minnesota law, such as packages with more than 0.4 mg of THC, would not meet the federal definition. It suggests businesses talk to a lawyer. The bulletin gives both November 12 and December 11 as dates and does not explain the difference.[8, 15, 16]

A new product category, the "ratio hemp-infused cannabis product," starts January 1, 2027. Its definition uses hemp "as defined by" 7 U.S.C. § 1639o(1). That wording may carry the federal definition, including any change, into this category. This is our reading, not an OCM statement.[1, 5]

What changes next

  1. First federal hemp change

    Under the federal law, the provision on cannabinoids that plants do not make naturally takes effect, unless Congress changes it again.[15, 16]

  2. Rest of the federal hemp change

    The new federal hemp definition (total THC, 0.4 mg per container for finished products) takes effect, unless Congress delays it again.[8, 15, 16]

  3. Cannabis macrobusiness license and ratio hemp-infused products

    Parts of chapter 123 take effect January 1, 2027, including the macrobusiness license, the new "ratio hemp-infused cannabis product" category, and some testing and labeling changes.[5]

  4. Out-of-state lab allowance ends

    The temporary allowance for ISO 17025 labs to test certain non-intoxicating hemp products ends.[13]

Who regulates hemp and CBD

Timeline

  1. Governor signs Laws 2026, chapter 123 (S.F. 4401)

    The cannabis act changes licensing and labeling, widens CBD-family limits for hemp edibles, creates new license types and repeals § 151.72. It was presented to the governor May 20 and signed May 26.[5]

  2. Older CBD section repealed (§ 151.72)

    The repeal of Minn. Stat. § 151.72, the older section on cannabinoids in food and supplements, took effect the day after final enactment.[5, 6]

  3. Most of Laws 2026, chapter 123 takes effect

    Sections of the act take effect August 1, 2026 unless they say otherwise. This includes the 400 mg combined cap for CBD, CBG, CBN and CBC in hemp edibles and several packaging and label rules.[5]

  4. OCM bulletin on federal hemp changes

    OCM said the federal definition change does not change how Minnesota defines lower-potency hemp edibles and urged businesses to prepare.[8]

Sources

Show 16 references
  1. Minn. Stat. § 342.01 (Definitions)
  2. Minn. Stat. § 342.46 (Lower-potency hemp edible retailer)
  3. Minn. Stat. § 342.09 (Personal adult use of cannabis)
  4. Minn. Stat. § 342.62 (Packaging)
  5. Laws of Minnesota 2026, Chapter 123 (S.F. No. 4401)
  6. Minn. Stat. § 151.72 (subdivisions repealed by Laws 2026, ch. 123, s. 118)
  7. Minn. Stat. § 342.51 (Medical cannabis endorsements)
  8. Your September Cannabis Compliance Connector is here! (Office of Cannabis Management, Sept. 22, 2026)
  9. Minn. Stat. § 342.66 (Hemp-derived topical products)
  10. Minn. Stat. § 18K.02 (Definitions, industrial hemp)
  11. Minn. Stat. § 342.06 (Approval of cannabis flower, products, and cannabinoids)
  12. Minn. Stat. § 342.27 (Retail sale of cannabis flower and products; general requirements)
  13. Minn. Stat. § 342.61 (Testing)
  14. Minn. Stat. § 342.63 (Labeling)
  15. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  16. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension

Other states

CBD in the United States · Alabama · Alaska · Arizona · Arkansas · California · Colorado · Delaware · District of Columbia · Florida · Georgia · Illinois · Iowa · Kansas · Maine · Maryland · Mississippi · Montana · New Jersey · New York · North Dakota · Oklahoma · Pennsylvania · South Carolina · South Dakota · Texas · Virginia · Washington · West Virginia · Wyoming · CBD laws by country

About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.