Depending on Whom You Ask, the Answer May Surprise You. To Put it Simply: It’s Complicated.
On May 30, 2019, Gov. Tim Walz signed a law that allowed cannabinoids derived from hemp, like CBD, to be sold for human and animal consumption. Near the end of 2021 though, the Minnesota Board of Pharmacy released a report stating the sale of any cannabinoids or tetrahydrocannabinols coming from any type of cannabis plants was illegal under Federal and Minnesota State law only with certain exceptions. So which one represents the legal status?
The Exceptions allowed
The only CBD sales recognized by the Minnesota Board of Pharmacy as being legal are those of that have been approved by the FDA, and thus must be obtained by a licensed pharmacy. These products, they point out, are regulated and permitted by the Minnesota Department of Health, and are therefore the only products that meet the standards of the 2019 law signed by Gov. Walz. The problem is that, at the time of this writing, the only CBD product that has been approved by the FDA is called Epidiolex, which is used to treat seizures. Any other CBD products would fall outside that definition, and consequently would be considered illegal.
The Government’s Response
With the release of the Board of Pharmacy’s report, the Minnesota Department of Agriculture began cracking down on the sale of CBD across the state. Cease and desist letters were mailed to CBD vendors statewide starting in late 2021. Brick and mortar vendors were severely hampered, but online vendors continued to thrive. Even today, there are still plenty of options t to purchase CBD online that are eligible to be delivered to Minnesota. Many of these CBD companies operate outside the Minnesota DOA’s jurisdiction, and will continue to do so until the legality is clarified.
Going Forward: Which Way is the Wind Blowing
The 2022 Minnesota Legislative Session is set to begin on January 31st, and this will surely be an issue that they will discuss. Based on what they decide, the question whether CBD is or isn’t legal in Minnesota with be determined much more clearly and concretely. Until then, it’s complicated.
