Media reaction to start of THC edible sales + Board of Pharma releases FAQs
1. News of legal THC edibles hits primetime
→ The media (both earned and social) has been abuzz for the last 24 hours about the first day of legal delta-9 THC edible products in Minnesota. As the mic is handed around, here’s what’s being said and what it means in context:
Zach Rohr of Minny Grown in Cannon Falls gave Kare11 a tour of his facilities and said, “Minnesota is the first state to take a step in this direction to regulate the sale of THC products derived from
hemp . . . It's a huge boost for local farmers, local retailers, and everyone involved in the industry."Rohr is referring to the fact that products containing hemp-derived THC have been legally available to consumers for quite a while now, including on the internet, without being subject to any consumer protection regulations. That’s because the federal Farm Bill’s provisions on hemp legalize up to 0.3% THC measured on a dry weight basis. That means, as long as (1) the THC comes from cannabis plants containing less than 0.3% THC and (b) the THC content of an edible product constitutes less than 0.3% of the product’s total weight–which for 10mg of THC translates to about a 4 gram gummy), the product is legal under federal law. As such, some retailers have been marketing edible products containing 10, 20, and even as much as 100 mg of THC. In Minnesota, however, the sale of edible products containing any level or type of cannabinoid was illegal prior to this latest law change at the same time as Minnesota consumers were able to legally purchase unregulated THC edibles from out-of-state companies. Now, under the new law, Minnesota consumers can purchase regulated THC edible products from Minnesota companies which is, indeed, a huge benefit to everyone touching the industry.
Rep. Heather Edelson (DFL-Edina) and Sen. Mark Koran (R-North Branch), who pushed for the new law change, centered precisely this consumer safety issue in states they gave to the press. Edelson told Kare11, “Some of the gummies that were being sold were 25 milligrams for maybe one or two. Super high dosage. A lot of the products were targeting kids . . . It was just going to create this legal nightmare if we didn't address this issue." Koran issued a statement to the press stating,“With the federal changes in 2018, the [Minnesota] Board of Pharmacy and Department of Agriculture recognized the need for regulations on certain products and worked with the Legislature to restrict the market. That's what this [legislation] does."
Star Tribune reporter Ryan Faircloth questioned whether Senate Republicans understood that the law change would authorize the sale of edibles containing THC. Senator Jim Abeler (R-Anoka), who chairs the Senate Human Services Reform Finance and Policy Committee, told Faircloth he didn’t understand that that’s what the law did and said the law should be rolled back next session.
Good luck, Jim. I’m sure the 30% of voters who don’t support legalization are delighted to hear you have no clue what’s in the bills moving through your committee and the 70% of voters who do support legalization will be even more delighted when you try to make these products illegal again.
Patrick Coolican of the Minnesota Reformer wrote a column this morning expressing his concerns about regulatory inadequacies of this regulatory structure and its potential to derail efforts toward a robust framework for cannabis legalization.
Coolican’s concerns are well founded. On the one hand, piecemeal legislation that leaves huge areas of statutory and regulatory uncertainty does present risks for the industry and for policymakers and advocates who support comprehensive legislation for adult-use legalization. On the other hand, just about everyone recognizes the inadequacies of the new laws and is motivated to exist under this framework for as short a time as possible. In fact, the Board of Pharmacy stated in an FAQ it released this morning (see item #2) that it “strongly supports the legislation to create an Office of Cannabis Management to have authority over everything related to Cannabis sativa.”
U.S. Representative for Minnesota’s Second Congressional District Angie Craig (DFL) tweeted her support for the new state law earlier this week, saying: “These regulations provide important legal clarity for both small businesses producing cannabis products and for the consumers using them. We still need to legalize it – but, in the meantime, these are important first steps.”
2. Board of Pharma releases industry FAQs
→ The Minnesota Board of Pharmacy published an FAQ document on hemp derived products this morning. In the document, the Board of Pharma states, “the Board of Pharmacy strongly supports the legislation to create an Office of Cannabis Management to have authority over everything related to Cannabis sativa.”
One issue the FAQ document clarifies is whether different types of THC can be “stacked” so long as each of them is under 5mg per serving. The answer from the Board of Pharma is no – all THCs must total less than 5mg per serving.
3. Yes, there’s help for that.
→ Not to toot our own horn too much, but toot toot.
We're hosting a series of sessions to help cannabusinesses and the canna-interested understand and navigate the new rules and regulations. Sign up here.