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Is Delta 8 Legal in Minnesota

Discover if Delta 8 is legal in Minnesota, its legal status, shipping guidelines, buying tips, and product comparisons in this comprehensive guide.

Delta 8 has surged in popularity since its federal legalization in 2018, thanks to its relaxing effects and mild potency. It has become a favorite among cannabis users, particularly in states where recreational cannabis is still illegal.

Despite its widespread use and federal legality, some states have opted to restrict or ban delta 8. So, what is the situation in Minnesota?

Is Delta 8 Legal in Minnesota?

To understand Minnesota’s stance on delta 8, it’s essential to review the 2018 Farm Bill, also known as the Agriculture Improvement Act. This legislation legalized hemp and its derivatives, including delta 8, across all 50 states.

The Impact of the 2018 Farm Bill

The Farm Bill’s primary achievement was the legalization of hemp. It also created a legal distinction between hemp and marijuana, despite their scientific similarities. Under federal law, hemp is defined as cannabis containing less than 0.3% THC on a dry weight basis, while marijuana is defined as cannabis with more than 0.3% THC.

Is Delta 8 Legal in Minnesota

While the Farm Bill legalized hemp and hemp-derived products, it did not change the legal status of marijuana. Marijuana remains a Schedule I substance at the federal level, making it illegal. Recently, the Biden administration expressed its intent to revisit this classification, aiming to pardon federal offenses for simple marijuana possession and encouraging states to do the same. The administration also announced plans to begin the process of removing marijuana from the Schedule I classification under the Controlled Substances Act.

Current Status in Minnesota

Minnesota aligns with the federal government’s stance on hemp and hemp-derived products, including delta 8. Therefore, delta 8 is legal in Minnesota for use, possession, sale, purchase, distribution, production, and manufacture without the risk of penalty or prosecution under state law.

Before the federal Farm Bill, Minnesota had already established its own hemp pilot program under the Industrial Hemp Development Act in 2015, which made natural delta 8 in hemp plants legal. In 2019, the state amended its laws to align with the federal Farm Bill, ensuring that hemp-derived delta 8 containing no more than 0.3% THC is legal in Minnesota.

In summary, delta 8 remains legal in Minnesota, aligning with federal regulations and allowing for its use and distribution within the state.

Is Delta 8 Legal in Minnesota

Shipping Delta 8 Products To & From Minnesota

Shipping Delta 8 products to and from Minnesota requires careful adherence to both state and federal regulations to ensure legality. In Minnesota, Delta 8 THC derived from hemp is legal, provided it contains less than 0.3% Delta 9 THC, in compliance with the 2018 Farm Bill. Ensuring compliance with these regulations is crucial for smooth and legal shipping.

When shipping Delta 8 products into Minnesota, it’s important to use carriers knowledgeable about hemp regulations. Proper documentation, including Certificates of Analysis (COAs) verifying the THC content, must accompany shipments to confirm their legality. Similarly, when shipping Delta 8 products out of Minnesota, understanding the laws of the destination state is essential to avoid complications.

  • Confirm the product contains less than 0.3% Delta 9 THC.
  • Use reputable carriers experienced in handling hemp products.
  • Include COAs and other documentation verifying legal compliance.
  • Research the destination state’s Delta 8 regulations.
  • Ensure proper labeling of all products.
  • Stay updated on changing state and federal hemp laws.
  • Understand carrier-specific policies regarding hemp shipments.
  • Consider insurance options to mitigate potential shipping issues.

Things to Consider Before Buying Delta 8 in Minnesota

Before purchasing Delta 8 products in Minnesota, it's essential to consider several factors to ensure a safe and legal transaction. Minnesota law permits the sale of Delta 8 THC derived from hemp, provided it contains less than 0.3% Delta 9 THC. Verifying this compliance helps avoid any legal issues.

Quality assurance is another critical factor. Look for Delta 8 products that have undergone third-party testing for potency and purity. These tests should be accessible through COAs, confirming the product’s cannabinoid profile and ensuring it is free from harmful contaminants. Additionally, researching the brand’s reputation and customer reviews can provide valuable insights into product quality and reliability.

  • Verify the THC content is within legal limits.
  • Ensure the product is derived from hemp and not marijuana.
  • Look for third-party lab testing and accessible COAs.
  • Investigate the brand’s reputation and customer feedback.
  • Understand local vendors’ compliance with state laws.
  • Consider the preferred method of consumption (gummies, vape, tinctures, etc.).
  • Be aware of the potential effects and recommended dosages.
  • Stay informed about any legislative changes regarding Delta 8.

Minnesota Cannabis Market Grows with Delta 8 & Medical Marijuana

Despite Minnesota's strict penalties for recreational marijuana, medical cannabis has been legal since 2014. Nearly a decade of safe and legal medical marijuana has greatly benefited the state's cannabis economy. But what impact might the introduction of delta 8 have on Minnesota’s medical marijuana market?

Minnesota Medical Cannabis Laws

The Minnesota Medical Cannabis Therapeutic Research Act, passed in 2014, established a patient registry program managed by the Minnesota Department of Health (MDH). This law allows qualifying patients in the registry to possess and use medical cannabis. It also permits two manufacturers in the state, each with one manufacturing facility and up to eight distribution sites. These manufacturers can distribute medical cannabis in forms such as pills, liquids, topical products, water-soluble cannabinoid multi-particulates, orally dissolvable products, or infused edible products.

Qualifying Conditions for Medical Cannabis

Qualifying conditions include:

  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (ALS)
  • Autism spectrum disorder
  • Cancer (with severe chronic pain, nausea or vomiting, and/or cachexia or severe wasting)
  • Chronic motor or vocal tic disorder
  • Chronic pain
  • Glaucoma
  • Inflammatory bowel disease, including Crohn’s disease
  • Intractable pain
  • Obstructive sleep apnea
  • Post-traumatic stress disorder (PTSD)
  • Seizures
  • Severe and persistent muscle spasms
  • Sickle cell disease
  • Terminal illness with a life expectancy of under one year (with severe chronic pain, nausea or vomiting, and/or cachexia or severe wasting)
  • Tourette’s syndrome
  • Any other condition or treatment approved by the commissioner (subject to legislative overview)

Initially, the 2014 law did not include intractable pain, chronic pain, cancer, PTSD, autism, or sickle cell disease, but these conditions have since been added. In 2021, Minnesota lawmakers also approved legalizing smokeable forms of cannabis for medical purposes.

Is Delta 8 Legal in Minnesota

Obtaining Medical Cannabis in Minnesota

The registry program is straightforward:

  1. Diagnosis: A patient is diagnosed with a qualifying medical condition.
  2. Certification: The patient receives a certification from the diagnosing healthcare practitioner.
  3. Application: The patient submits the certification and an application fee to the Minnesota Department of Health (MDH) to enroll in the program. The application fee is $200, reduced to $50 for patients receiving Social Security disability, Supplemental Security Income, veterans’ disability, or railroad disability payments, or those enrolled in Medical Assistance or MinnesotaCare.
  4. Acceptance: Once accepted, the MDH issues a registry verification listing the patient’s information. This verification is provided to the patient, the healthcare practitioner, and the manufacturer.
  5. Treatment: The healthcare practitioner continues to treat the patient’s qualifying medical condition.
  6. Distribution: Registered manufacturers can only distribute medical cannabis to registered patients. Final approval for distribution must be given by a licensed pharmacist, and sometimes a pharmacist consultation is required. If a patient has a designated caregiver, parent, legal guardian, or spouse listed on the registry verification, that person can also obtain cannabis on the patient’s behalf.
  7. Monitoring: The healthcare practitioner submits the patient’s health records to the MDH, and the manufacturer also submits a report. The MDH conducts research on the registry program’s information and submits reports to legislative committees and medical journals.

Steps to Get Medical Cannabis in Minnesota

To summarize, the steps a patient would take to get medical cannabis in Minnesota are:

  1. Get diagnosed with a qualifying medical condition.
  2. Submit an annual application and fee to MDH.
  3. Get accepted and issued a registry verification.
  4. Continue treatment with a healthcare practitioner.
  5. Obtain medical cannabis from a registered manufacturer.

Minnesota’s comprehensive medical cannabis program ensures patients have safe and regulated access to cannabis for their medical needs.

Delta 8 in Minnesota vs Other States

The legal status and availability of Delta 8 THC can vary widely across different states. In Minnesota, Delta 8 is legal under the 2018 Farm Bill, provided it is derived from hemp and contains less than 0.3% Delta 9 THC. However, regulations differ significantly in other states, making it important for consumers to understand these differences, especially if they travel frequently.

For example, in states like Colorado and Alaska, Delta 8 THC is banned despite the legality of recreational marijuana. Conversely, states such as Florida and Texas allow Delta 8, but with strict regulations. Additionally, states like New York, California, Illinois, and Nevada have their own specific regulations. Awareness of these legal variations is crucial for consumers who might move or travel across state lines.

State Delta 8 Legal Status Notes
Minnesota Legal Must contain less than 0.3% Delta 9 THC
Colorado Illegal Banned despite legal recreational marijuana
Alaska Illegal Banned despite legal recreational marijuana
Florida Legal Must comply with federal hemp regulations
Texas Legal Allowed under the 2018 Farm Bill
Georgia Legal Must contain less than 0.3% Delta 9 THC
New York Legal Regulated, with specific packaging and labeling requirements
California Legal Strict regulations and testing requirements
Illinois Legal Permitted with similar restrictions as recreational marijuana
Nevada Legal Permitted under state law, with specific regulations
Arizona Legal Allowed under the 2018 Farm Bill
Michigan Legal Permitted with state-specific regulations
Ohio Legal Must comply with federal and state hemp laws
South Carolina Legal Must contain less than 0.3% Delta 9 THC
Tennessee Legal Allowed under federal hemp regulations
Washington Legal Regulated, with specific testing and labeling requirements
Kentucky Legal Must comply with federal and state hemp laws

Types of Delta 8 Products in Minnesota

Minnesota offers a variety of Delta 8 products to cater to different consumer preferences. These include Delta 8 gummies, Delta 8 vape cartridges, Delta 8 tinctures, and Delta 8 flower. Each type provides unique benefits and methods of consumption, making it easy for users to find the right product for their needs.

Delta 8 gummies are known for their convenience and precise dosing, making them a favorite among those who prefer a discreet and tasty way to consume Delta 8. Vape cartridges offer fast-acting effects, ideal for those seeking quick relief. Delta 8 tinctures provide flexible dosing options and can be taken sublingually or added to food and beverages. Delta 8 flower is popular with traditional cannabis enthusiasts who enjoy smoking or vaporizing.

Delta 8 vs Delta 9 in Minnesota

In Minnesota, Delta 8 vs Delta 9 are regulated differently due to their distinct legal statuses and effects. Delta 9 THC, the primary psychoactive component of marijuana, is illegal in Minnesota if it exceeds 0.3% concentration. Delta 8 THC, derived from hemp, is legal as long as it adheres to the federal limit of 0.3% Delta 9 THC.

Both cannabinoids produce psychoactive effects, but Delta 8 is generally milder and less likely to induce anxiety, making it a more attractive option for those seeking therapeutic benefits without the intense high or paranoia that can accompany Delta 9.

Feature Delta 8 THC Delta 9 THC
Legal Status Legal in Minnesota if derived from hemp Illegal in Minnesota above 0.3%
Psychoactivity Milder, less anxiety-inducing Stronger, more intense high
Source Hemp-derived Marijuana-derived
Common Products Gummies, vapes, tinctures, flower Various cannabis products
Availability Widely available in legal markets Restricted to medical use in Minnesota
User Experience Smoother, clearer-headed high More potent, possibly overwhelming

Where to Buy Delta 8 in Minnesota

Delta 8 products can be found in various places in Minnesota, including local dispensaries, smoke shops, and online retailers. When purchasing locally, it's crucial to choose reputable stores that comply with state regulations and offer high-quality products. Knowledgeable staff can provide helpful guidance and product recommendations based on individual needs.

Online retailers provide a convenient alternative with a wider selection of products. However, it’s important to ensure that the online store is reputable and offers third-party lab testing to verify the quality and legality of their products. Reading customer reviews and looking for transparent business practices can help in making an informed decision.


Delta 8 THC offers a legal and accessible option for consumers in Minnesota who seek the benefits of cannabinoids without the intense effects of Delta 9 THC. Understanding the legal landscape, ensuring product quality, and being aware of available options are essential for making informed purchasing decisions. As the Delta 8 market continues to grow, staying informed about regulations and best practices will ensure a safe and satisfying experience.

By considering factors such as product quality, legal compliance, and personal preferences, consumers can navigate the Delta 8 market in Minnesota with confidence. Whether buying locally or online, thorough research and choosing reputable sources will lead to better outcomes and a more satisfying experience.


Is Delta 8 legal in all parts of Minnesota?

Yes, Delta 8 is legal throughout Minnesota as long as it is derived from hemp and contains less than 0.3% Delta 9 THC.

Can I buy Delta 8 online and have it shipped to Minnesota?

Yes, you can purchase Delta 8 online and have it shipped to Minnesota, but ensure the seller complies with both federal and state regulations.

What forms of Delta 8 are popular in Minnesota?

Delta 8 gummies, vapes, tinctures, and flower are among the most popular forms available in Minnesota.

Are there age restrictions for purchasing Delta 8 in Minnesota?

You must be at least 21 years old to purchase Delta 8 products in Minnesota.

Can I travel with Delta 8 products within Minnesota?

Yes, you can travel with Delta 8 products within Minnesota, but it's advisable to keep proof of legality, such as COAs, with you.

How does Delta 8 compare to Delta 9 in terms of effects?

Delta 8 typically offers milder psychoactive effects and is less likely to cause anxiety compared to Delta 9.

Are there any health risks associated with Delta 8?

Potential risks include dizziness, dry mouth, and changes in appetite. It's important to start with a low dose to assess your reaction.

Is Delta 8 used for medical purposes in Minnesota?

While Delta 8 is legal for recreational use, some individuals may find it beneficial for conditions such as anxiety or pain. Consult with a healthcare professional for personalized advice.