An apparent loophole in Minnesota’s new recreational cannabis law might be allowing some hemp retailers to sell raw cannabis flower with THC levels above the current 0.3% limit more than a year ahead of when cannabis can be legally sold in the state.
During an episode of a national cannabis-related podcast, Chris Tholkes, the director of the Office of Medical Cannabis, said her office lacks the legal authority to inspect raw flower as it goes about regulating hemp-derived products. Because raw flower — the plant that can be dried and burned to release the THC — is not a processed product like those made from THC extracted from the hemp plant, Tholkes’ inspectors lack jurisdiction, she said. The office can’t take samples to test whether they exceed the 0.3% definition.
The new Office of Cannabis Management also lacks authority because it will only regulate cannabis sales once retail licenses have been issued. Those aren’t expected to be ready until March of 2025, according to the office.
“Our regulatory authority is over hemp-derived cannabinoid products, and that is defined as extracted products,” Tholkes told Colorado consultant and lawyer Jordan Wellington on his podcast Weed Wonks. “It’s the edibles, the beverages, the topicals. It’s not flower."
Read more at minnpost.com