Hemp Flower That May Be Marijuana

What is the loophole and why is it a problem?

Minnesota is one of the states that has legalized marijuana for adult use, but there is a loophole that could allow the sale of raw hemp flower that may contain traces of THC, the psychoactive compound in cannabis. This could pose a risk to public health and safety, as well as create confusion and legal challenges for consumers and businesses.

According to the Minnesota Department of Health (MDH), raw hemp flower is defined as “flower that has not been dried or cured” and “may contain up to 0.3% THC”. The department also states that “the presence of THC in raw hemp flower does not necessarily mean that it is marijuana” and that “the amount of THC in raw hemp flower can vary widely depending on the source and growing conditions”.

However, some lawmakers and regulators have expressed concern that this loophole could allow unregulated or illegal sellers to market raw hemp flower as marijuana, or vice versa, without disclosing the actual THC content or other information about the product. This could lead to consumers being exposed to harmful substances, such as pesticides, mold, or contaminants, or being misled about the legal status or effects of the product.

What are the proposed solutions?

The Minnesota Legislature passed a bill in May 2023 that would legalize marijuana for adult use in the state, but it did not address the loophole regarding raw hemp flower. The bill would allow adults 21 and older to possess up to one ounce of marijuana or eight grams of concentrates at any time, grow up to four plants per household for personal use, and purchase up to one ounce of marijuana from licensed retailers.

The bill would also create a new Office of Cannabis Management (OCM) within the Department of Health, which would be responsible for regulating and licensing marijuana businesses, collecting taxes and fees, enforcing rules and standards, conducting research and education, and providing public health guidance. The OCM would also oversee a system for expunging criminal records related to past marijuana offenses.

However, some lawmakers have argued that these provisions are not enough to prevent confusion or abuse regarding raw hemp flower. They have proposed several amendments to clarify what constitutes marijuana under state law, how THC levels should be measured and reported by sellers and testers, what types of products are allowed or prohibited by law, and what penalties should apply for violating the rules.

One amendment would define marijuana as any product derived from cannabis plants that contains more than 0.3% THC by dry weight. Another amendment would require sellers to provide accurate information about the THC content and other characteristics of their products on labels and menus. A third amendment would prohibit selling any product that contains more than 0.3% THC by dry weight if it is labeled as marijuana or if it is intended for consumption by minors.

A fourth amendment would ban selling any product that contains more than 0.3% THC by dry weight if it is labeled as hemp if it is intended for consumption by minors.

A fifth amendment would impose fines or imprisonment for anyone who sells or delivers any product that contains more than 0.3% THC by dry weight if it is labeled as hemp if it is intended for consumption by minors.

What are the implications?

If these amendments are adopted by both chambers of the Legislature before adjourning on August 1st 2023 , they could make Minnesota one of the first states in the nation to address this loophole regarding raw hemp flower. This could have significant implications for both consumers and businesses in terms of safety , legality , quality , access , affordability , taxation , research , education , public health , social equity , environmental sustainability , innovation , competition , collaboration , regulation , enforcement , compliance , accountability , transparency , trustworthiness .

However, there are also potential challenges and trade-offs involved in implementing these changes. For example:

• How will these amendments affect existing laws regarding hemp cultivation , processing , distribution , testing , labeling ?
• How will these amendments affect existing laws regarding medical cannabis use ?
• How will these amendments affect existing laws regarding industrial hemp use ?
• How will these amendments affect existing laws regarding interstate commerce ?
• How will these amendments affect existing laws regarding federal oversight ?
• How will these amendments affect existing laws regarding tribal sovereignty ?
• How will these amendments affect existing laws regarding local ordinances ?
• How will these amendments affect existing laws regarding civil rights ?
• How will these amendments affect existing laws regarding criminal justice reform ?

These are some of the questions that need to be answered before adopting these amendments into law. Moreover,

• How will OCM staff be trained and equipped to perform their duties and responsibilities under these new rules and standards ?
• How will OCM budget and resources be allocated and managed to support its operations and functions under these new rules and standards ?
• How will OCM coordinate and collaborate with other state agencies, local governments, tribes, federal agencies, nonprofit organizations, industry associations, research institutions, educ