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www.publichealthlawcenter.org 25Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers <br />Product Discounts <br />The price of these cannabis and lower-potency hemp edible products, like any product promotion <br />strategy, directly affects consumption levels, particularly among price-sensitive consumers, such <br />as people with lower incomes, including youth and young adults. For example, the commercial <br />tobacco industry devotes billions of dollars per year to innovative pricing strategies designed to <br />entice new customers to purchase their products and to discourage current users from quitting. <br />Jurisdictions, in turn, can prohibit the redemption of such price promotions and coupons to <br />negate industry discount marketing strategies, which has been shown in the commercial tobacco <br />control space to be an effective point-of-sale regulation in curbing youth initiation and use. <br />Note: This provision does not apply to sale of medical cannabinoid products. <br />(U) Flavored product. No person shall sell or offer for sale any flavored products intended to be <br />inhaled as smoke, aerosol, or vapor. <br /> Provision that exceeds state law <br />Prohibiting flavored products intended to be smoked or vaped <br />Flavored products are a common and effective marketing tactic to attract children and youth. <br />This tactic has been extremely successful with commercial tobacco marketing, particularly with <br />electronic cigarettes (vapes). Flavored cigarettes have been banned across the United States since <br />2009 and many flavored e-cigarettes have been banned at the federal level, along with the many <br />jurisdictions in Minnesota and across the nation that prohibit the sale of flavored commercial <br />tobacco products. The Office of Cannabis Management will have the authority to approve or deny <br />classes of cannabis products, including flavored products for smoking or vaping. It is unknown <br />what the OCM will do with this class of products, however, local jurisdictions may have the <br />authority to enact stricter restrictions and prohibit flavored cannabis products that may be smoked <br />or vaped. This approach may be particularly attractive to Minnesota jurisdictions that have already <br />prohibited or are considering prohibiting the sale of flavored commercial tobacco products. <br />September 2024