Is THCA legal in Minnesota? Minnesota hemp, CBD and kratom laws

The law in Minnesota

Minnesota folds hemp products into the same law as adult-use cannabis. Chapter 342 of the Minnesota Statutes, created by HF 100 and signed on May 30, 2023, sets up the Office of Cannabis Management, which licenses cannabis businesses and the hemp consumer industry alike. Chapter 342 sorts hemp products into three kinds: lower-potency hemp edibles (food, drinks and tinctures), hemp-derived consumer products (hemp flower and hemp oils for smoking or vaping) and hemp-derived topical products.

Section 342.09 says no one may sell cannabis flower, cannabis products, lower-potency hemp edibles or hemp-derived consumer products without a license that authorizes the sale, and no one may import hemp edibles or consumer products made outside Minnesota for sale here without one. The older edible cannabinoid law, section 151.72, was repealed by 2026 chapter 123, signed on May 26, 2026, effective the next day.

1. August 1, 20182018 chapter 195 takes effect, making kratom sales to anyone under 18 a gross misdemeanor.
2. May 30, 2023The Governor signs HF 100, creating chapter 342 and the Office of Cannabis Management.
3. April 25, 2025The Office of Cannabis Management's rules, Minnesota Rules chapter 9810, are published.
4. May 26, 2026The Governor signs SF 4401, which repeals the old edible cannabinoid law, section 151.72.
5. August 1, 2026The kratom age rises to 21, and most of SF 4401 takes effect.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

Lower-potency hemp edibles

A lower-potency hemp edible is a food or drink made with hemp concentrate or an artificially derived cannabinoid, of a type the office approves, that is not a drug and holds no cannabinoid from cannabis plants. The limits in sections 342.01, subdivision 50, and 342.62:

• Food: no more than 5 mg of delta-9 THC a serving and 50 mg a package.
• Drinks: no more than 10 mg of delta-9 THC in a single-serving container; a resealable multi-serving bottle of at least 750 milliliters may hold no more than 5 mg a serving and 17 servings.
• CBD, CBG, CBN and CBC: up to 100 mg of each a serving, no more than 400 mg combined, and no more than 1,000 mg of each in a multi-serving food package.
• Other cannabinoids: no more than 0.5 mg combined a serving.

A second route lets an edible use hemp concentrate that is not refined to raise its cannabinoids, if each serving holds no more than 5 mg of total THC. Every package must be child-resistant, tamper-evident and opaque, except that drinks need not be child-resistant.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

THCA flower and delta-8

The office's rules approve two hemp-derived consumer products, dried raw hemp flower and hemp oils meant to be smoked or vaped, and cap them at 0.3 percent THC. Only a cannabis business with a retail operations endorsement may sell them, to adults 21 and older, up to two ounces of hemp flower at a time, and a lower-potency hemp edible retailer may not sell them. Chapter 342 defines a hemp plant by its delta-9 THC, defines total THC as THCA times 0.877 plus all THC, and lets the office set total THC limits for these products; the rule's 0.3 percent figure does not say whether THCA is counted, and we found nothing that settles it.

Chapter 342 defines an artificially derived cannabinoid as one whose chemical makeup is changed after extraction with a catalyst other than heat or light, including any THC made from CBD. A lower-potency hemp edible may not contain one other than delta-9 THC, and the rules approve only hemp-derived delta-9 THC for those edibles. No Minnesota statute names delta-8 THC.

Age, licenses and labels

A lower-potency hemp edible retailer license lets a business sell hemp edibles to customers 21 and older, after checking age, with edibles other than drinks kept behind the counter or in a locked case. Vending machines and free samples are not allowed, and only a retailer with an on-site consumption endorsement may let customers consume edibles on the premises. Adults 21 and older may possess edibles with a combined total of 800 mg of THC or less.

Every batch of a hemp edible or hemp-derived consumer product goes to a licensed cannabis testing facility for contaminants, potency and homogeneity, and the results must be kept for five years and shown to the public on request. The office may embargo products sold in violation of chapter 342, and it may fine an unlicensed seller.

CBD in food and topicals

Minnesota allows CBD in food and drinks through the lower-potency hemp edible license: a CBD gummy, drink or tincture is a hemp edible, with the age, packaging and testing rules above. Section 342.66 sets a lighter path for topicals: no license is needed to make or sell a hemp-derived topical product that holds CBD or CBG, or another cannabinoid the office approves, and no more than 0.3 percent total THC, if it is made only for use on the outside of the body and is not made to be smoked, vaped or chewed.

Kratom, kava, amanita and spores

Kratom is legal for adults in Minnesota. Section 152.027, subdivision 7, makes selling kratom or any substance with mitragynine or 7-hydroxymitragynine to anyone under 21 a gross misdemeanor and possession under 21 a misdemeanor, after 2026 chapter 63, signed on May 5, 2026, raised the age from 18 from August 1, 2026. Psilocybin and psilocyn are Schedule I under section 152.02, and we found no Minnesota statute naming kava, amanita muscaria or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.