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Delta 8 > Is Delta 8 Legal In Minnesota? What You Need to Know About This New Compound.

Is Delta 8 Legal In Minnesota? What You Need to Know About This New Compound.

October 24, 2021

Table of Contents

Do you live in Minnesota? Do you want to try Delta 8 but aren’t sure if it is legal? Well, this article will help you explore the world of Delta 8 THC and other hemp-derived cannabinoids and CBD products. As always, check your local and state law before purchasing any hemp products.

Minnesota’s hemp laws clear the way for the sale and possession of Delta 8 in the state. State’s definition for legal hemp complies with the federal definition, which includes hemp-derived extracts, cannabinoids, isomers, and hemp derivatives, making Delta 8 THC legal in Minnesota.


The laws surrounding Delta 8 are new and constantly changing. We strive to do our best to give you the most updated information, but we can not always be on top of it with things changing so much. This information is not intended as legal advice. Please always do your own due diligence and check your state laws on the latest hemp legislation before purchasing any hemp, THC, or CBD products. 

Key Takeaways

  • Delta 8 is legal in Minnesota for consumer purposes.
  • Naturally, hemp derivative is not a controlled substance in Minnesota.
  • Medical marijuana is legal for medical purposes only.
  • Buying Delta 8-THC online has extraordinary benefits.
  • Most retailers won’t let you buy any THC or CBD products unless you are 21.
  • Out of the 50 states that make up this country, 11 have banned Delta 8 altogether. Even though it is federally legal.

The Hemp Plant And Delta 8 THC Laws In Minnesota

The state of Minnesota allows for Delta 8 THC to be sold as an industrial legal hemp plant product. Sales and manufacturing must follow strict guidelines set out by the department of agriculture if a company wishes to sell, distribute or manufacture Delta 8 THC products, plus it has to originate from hemp material only.

Minnesota’s definition of industrial hemp is based on the federal 2014 Farm Bill. It includes all varieties and parts of the plant Cannabis sativa L., with a Delta-9 Tetrahydrocannabinol (THC) concentration of less than 0.3% on a dry weight basis. Any product that falls under this definition is legal to sell, distribute or manufacture.



Subd. 3. Industrial hemp. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta 9 THC (tetrahydrocannabinol) concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.



Subd. 9. Marijuana. “Marijuana” means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Marijuana does not include hemp as defined in section 152.22, subdivision 5a.

152.02 Subd. 2. Schedule I.

(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of the following substances, their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible:

(1) marijuana;

(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic equivalents of the substances contained in the cannabis plant or in the resinous extractives of the plant, or synthetic substances with similar chemical structure and pharmacological activity to those substances contained in the plant or resinous extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;


Subd. 5a.Hemp. “Hemp” has the meaning given to industrial hemp in section 18K.02, subdivision 3.

Is Delta 8 THC A Controlled Substance In Minnesota?

Individuals concerned about whether Delta 8-THC is legal in Minnesota can find out by reading Minnesota Statutes Chapter 152.

Minnesota Statutes Title 152, the Controlled Substances Act. According to Chapter 152, Delta 8 THC, also known as CBD, is classified as a Schedule I controlled substance. This means that Delta 8 THC is not legally recognized for medical use.

This law does not apply to any THC naturally contained in a plant of the genus Cannabis, whether growing or not, other than Delta 9 THC and Delta 8 THC. Therefore, a legal exception is made for Delta 8 THC, which is naturally contained in a plant of the genus Cannabis.

Minnesota state law states that there are no specific regulations for the possession of Delta 8 THC, due to no psychoactive properties in this chemical variation, unlike the more common Delta 9 THC.

However, confusion between types can arise when authorities do not have proper documentation or lab testing to determine which type has been used or cultivated.

Lab testing is the only way to differentiate between Delta 8 THC and Delta 9 THC, as both chemicals come from the same plant. For lab tests to be done, a chemical sample needs to be submitted before results can be acquired.

Seven years ago, Minnesota passed the Minnesota Medical Cannabis Act legalizing certain forms of medical cannabis for qualifying patients on a very limited basis.

The state only allows patients with a state-issued Medical Marijuana card can access certain forms of cannabis, like capsules, tinctures, edibles and vaporizers, however not flower. Patients with a card are allowed to possess two ounces of cannabis oil per month.

Recreational THC material is not legal in the state but is decriminalized. It is illegal you carry possession of fewer than 42.5 grams of cannabis in Minnesota carries a fine as opposed to jail time with larger amounts carrying more serious punishment.

As per federal law, possessing any amount of cannabis is illegal on a federal level. This puts the state of Minnesota at risk of losing federal funds if they were to enact recreational cannabis legislation, which would continue to keep marijuana illegal on a federal level.

Where Can I Buy Delta 8 In Minnesota?

You can purchase Delta 8 at many shops in Minnesota, but online is the best source for buying your cannabis material and products.

Buying Delta 8 THC online has extraordinary benefits. One of the reasons is that you can buy directly from a specific brand or manufacturer instead of purchasing through a third-party vendor. Proceed with caution when choosing a Delta 8 distributor, though. Third parties may not fully understand the effects of Delta 8 THC and its uses or even the laws surrounding Delta 8 THC products. It is vital to know the regulations for your state before purchasing this substance; they update often.

No federal and state laws require you to be a certain age, but most retailers won’t let you buy any THC or CBD products unless you are 21.

What is the Industrial Hemp Development Act?


AN ACT to authorize the growing and cultivating of industrial hemp for research and development purposes; to require and provide for the registration and licensing of certain persons engaged in the growing, processing, and handling of industrial hemp; to provide for the collection of fees; to authorize the receipt and expenditure of funding for research and development related to industrial hemp; to prescribe the powers and duties of certain state agencies and officials and colleges and universities in this state, and to provide for certain fines and sanctions.

Delta 8 THC is not legal in all 50 states, though it is federally legal in the U.S. due to a loophole in the farm bill. Out of the 50 states that make up this country, 13 have banned (so far) Delta 8 altogether. States have the authorization to make their own laws about hemp plants, cannabis, and THC. Utah, Rhode Island, Montana, Mississippi, Iowa, Idaho, Delaware, Colorado, Arkansas, Arizona, and Alaska, are the states where D8 is currently restricted in. The legality of Delta 8 has nothing to do with the marijuana plant (cannabis); it’s just a synthetic form of THC that can be found on the market today.

About Our Company

BiowellnessX is a reputable online retailer with many Delta 8, Delta 10, and other incredible CBD, THC, and hemp products. If you are shopping online and want to find quality goods, check out our wide range of products to see what best suits you. We are working hard to get our online products onto store shelves so our customers can also have in-person options for that “convenience factor.” We strive to have better products, better prices, and better customer service than our competitors. Check out our CBD products online and give one of our customer service reps a call today. They would love to help you.


Industrial Hemp Development Act- mcl-Act-547-of-2014.pdf (

Farm Bill- H.R.5485 – 115th Congress (2017-2018): Hemp Farming Act of 2018 | | Library of Congress

Follow Up

Frequently asked questions

Can I take Delta 8 if I have a medical condition?

First of all, you should always seek your doctor's advice before taking any products as they might interfere with some prescription medications.

What is the best Delta 8 Product to take?

It depends from person to person. Some people like to vape, where others have a bigger sweet tooth and prefer gummies or edibles in general. Others don't like either and prefer the oils. Delta 8 comes in many variations, so it's just a matter of figuring out which method you prefer.

Is Delta 8 better than Delta 9?

Delta 8 THC isn't necessarily better than Delta 9-THC. Delta 8 has all of Delta 9's benefits, PLUS Delta 8 THC products are federally legal in most states. Meaning Delta 8 is not scheduled under the Controlled Substances Act and is available through legitimate sources. In addition to being legally accessible, there are 37 states where you can purchase Delta 8 products legally.

Will I feel High from consuming Delta 8?

It depends on a few things. To answer the questions, yes, you might feel a euphoric feeling. However, it will not be like you consuming delta 9 THC. Find your balance and start slow so you better understand the effect of what delta 8 might do for you and your body.

Will I fail a drug test?

Since Delta 8 is a THC compound, the short answer is yes, and you will fail a drug test as it more than likely will show up as THC.

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