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7/8/22, 10:06 AM Focus on New Laws: Some Edible Cannabinoids Now Legal - League of Minnesota Cities <br />https://www.lmc.org/news-publications/news/all/fonl-edible-cannabinoids/2/3 <br />The new law amends the scope of sale of any product that contains cannabinoids extracted <br />from hemp and that is an edible cannabinoid product or is intended for human or animal <br />consumption. <br />Previous law authorized a product containing nonintoxicating cannabinoids to be sold, but the <br />authority to sell edible CBD products was unclear. The new law expands the authority to <br />include nonintoxicating cannabinoids, including edible cannabinoid products, provided they <br />do not contain more than 0.3% of any THC. An edible cannabinoid product also cannot exceed <br />more than five milligrams of any THC in a single serving, or more than a total of 50 milligrams <br />of any THC per package. <br />Requirements for edible cannabinoid <br />products <br />Along with testing and labeling requirements, an edible CBD must meet several requirements, <br />including that it: <br />Not bear the likeness or contain cartoon-like characteristics. <br />Not be modeled aer a brand of products primarily consumed or marketed to children. <br />Not be made by applying an extracted or concentrated hemp-derived cannabinoid to a <br />commercially available candy or snack food item. <br />May not contain an ingredient, other than a hemp-derived cannabinoid, that is not approved <br />by the federal Food and Drug Administration. <br />May not be packaged in a way that resembles any commercially available food product. <br />Must not be packaged in a container that could reasonably mislead any person to believe that <br />it contains anything other than an edible cannabinoid product. <br />An edible CBD product must be prepackaged in a container with certain requirements, <br />including being child-resistant and tamper-evident. Any CBD product intended for more than a <br />single use or containing multiple services must have indicators or separate wrapping for the <br />individual serving sizes. <br />The new law prohibits the sale of any product containing any CBD or THC extracted or <br />otherwise derived from hemp to be sold to any individual under the age of 21. <br />Regulation of edible cannabinoids <br />Regulation of the edible CBD products falls under the state Board of Pharmacy. The board has <br />the authority to issue cease-and-desist orders under Minnesota Statutes, section 151.06; to <br />embargo adulterated and misbranded drugs under Minnesota Statutes, section 151.38; and to <br />seek injunctive relief under Minnesota Statutes, section 214.11. <br />Guidance from the Board of Pharmacy indicates that retailers selling products that contain <br />cannabinoid to individuals under the age of 21 should be reported to local law enforcement <br />agencies. <br />Local regulation of edible cannabinoids <br />The new law does not specifically prohibit cities from regulating the sale of cannabinoid <br />products locally. Cities will need to work with their attorneys to determine what, if any, local