Is Delta 8 Legal in Minnesota? MN State Laws 2023

Illustration of a Eastern Timber Wolf in front of FREDERICK R WEISMAN ART MUSEUM
Written by Nina Julia | Last updated: June 23, 2023

Delta 8 THC derived from hemp is regulated in Minnesota. There’s a cap of 5 mg of any THC per serving or 50 mg of any THC per package. This includes delta 8 and 9 THC. As for other hemp-derived products, Minnesota clarified that these should contain no more than 0.3% THC.

Minnesota also legalized marijuana for adult use on May 30, 2023. Governor Tim Walz signed into law HF 100, officially making Minnesota the 23rd state to fully legalize weed. The new law takes effect on August 1, 2023.

In this guide, we explore the delta 8 laws in Minnesota and highlight the best deals on high-quality products.

Is Delta 8 THC Legal in Minnesota?

Minnesota restricts the use of hemp-derived delta 8 THC, placing a THC limit on edibles. Delta 8 THC can be extracted from both hemp and marijuana. However, marijuana produces only a very small amount of delta 8 THC. To make large amounts of delta 8, we convert hemp-derived CBD to delta 8 THC using a special process. This made hemp-derived delta 8 technically legal on a federal level, including Minnesota.

But in May 2022, the state passed HF 3595, which effectively restricted the sale of products with high levels of hemp-derived delta 8 THC. The law clarified that all products derived from hemp should have no more than 0.3% of any THC, including not just delta 9 but 8 and 10 as well.

The state also placed a THC limit on edibles. One serving must not contain more than 5 mg of any THC (delta 9 and 8), and one package must not have more than 50 g of any THC in total.

The new measure also prohibited the use of other artificially-derived cannabinoids like THC-P as well as THC-O in edibles.

Related: States Where Delta 8 Is Illegal

Here’s what you need to know.

Marijuana-Derived Delta 8 THC

Marijuana is now legal for recreational use in Minnesota. On May 30, 2023, Governor Tim Walz signed FH 100. This officially makes Minnesota the 23rd state to fully legalize weed.

The state has also widely decriminalized marijuana. Possession of less than 2 oz in public or less than 2 lbs at home won’t incur any penalties or jail time.

Getting caught with more than 2 oz but less than 4 oz of marijuana also won’t land you in jail but you’d have to pay a fine of $300.

However, possession of more than 4 oz can mean incarceration of 90 days to five years. You’ll also have to pay a fine ranging between $300 to $10,000.

Can Doctors Prescribe Marijuana in Minnesota?

Yes, doctors can prescribe marijuana to patients with qualifying conditions. If you have a medical marijuana card, you can purchase up to 2.5 ounces of medical cannabis flower for 14 days from one of the state-licensed dispensaries.

Minnesota is now a fully legal state. This makes marijuana for adult use available to residents 21 years or older and with a valid ID. So, even if you don’t have a card, you can also buy legal weed and use it medicinally for your symptoms.

Hemp-Derived Delta 8 THC

Minnesota used to follow the provisions laid out by the 2018 Farm Bill regarding the legalization of hemp.

Hemp-derived cannabinoids, terpenes, flavonoids, salts, and isomers are legal as long as they don’t contain more than 0.3% of Delta 9 THC.

Delta 8 THC is a milder isomer of Delta 9. It’s about 50% less potent than its cousin. For that reason, it has become the new favorite cannabinoid of beginners and sensitive cannabis users.

Since Delta 8 is a minor cannabinoid, cannabis plants make only trace amounts of it — making direct extraction cost-prohibitive. However, hemp manufacturers figured out how to convert CBD into Delta 8 THC, and the market has since exploded.

But in May of 2022, the state passed HF 3595. The new law clarified that all hemp products must contain no more than 0.3% of any THC. This meant not just delta 9 but 8 as well.

The new law also limited the THC content of edibles to 5 mg per serving and 50 mg per package. Again, by THC, the law means THCs like delta 9 and 8.

These changes effectively restricted the sale of high-delta 8 THC products.

Related:Is CBD Legal in Minnesota?

Where to Buy Delta 8 THC in Minnesota

You won’t be able to buy high delta 8 THC products in Minnesota anymore. The highest delta 8 THC potency that you can enjoy is in edibles wtih a 5 mg cap of THC per serving.

However, if you live outside Minnesota and are looking for delta 8 products, know that we no longer recommend buying locally due to a shocking number of low-quality products, some of which can be dangerous for your health.

The Delta 8 space is unregulated, so you need to do your due diligence before handing your hard-earned money to local vendors.

If you still want to shop for Delta 8 THC near you, we’ve put together a list of the most reputable stores at the end of this guide.

Product Details  

Area 52

Area 52 Delta 8 THC Tincture

  • Organic hemp
  • 1200 mg Delta 8 THC
  • Cherry and vanilla flavors
  • Third-party tested for quality and safety

Finest Labs

Finest Labs Delta 8 Tincture

  • Non-GMO, pesticide-free hemp
  • 500 mg delta 8 THC
  • Great for beginners
  • Berry flavor
  • Batch-specific certificates of analysis

Buying Delta 8 THC Online in Minnesota

When it comes to buying high-quality Delta 8 products, we believe that online is the way to go.

Shopping for Delta 8 THC online comes with the following benefits:

  • Better pricing, seasonal discounts, reward programs, and subscription orders
  • More tools for checking the credibility of your vendor
  • Third-party lab reports available for inspection
  • Ordering online is more convenient
  • Online shops give you more products to choose from
  • Products ordered online are fresh

Always be sure to ask for a batch-specific certificate of analysis (CoA). Having a CoA means that the product has passed purity and potency tests in an independent laboratory.

Delta 8 companies should publish them on their websites or send them to customers upon request.

Local Delta 8 Stores in Minnesota

Minnesota is home to a myriad of hemp stores that offer different cannabinoids, including Delta 8 THC. However, not every store knows how to select decent products, so you need to do your homework on your potential vendors.

Here are the top-rated Delta 8 stores in Minnesota, according to customer reviews on Google Maps.

Delta 8 THC Stores in Minnesota

Name Address
New Hope Smoke Shop, Delta 8 and CBD 2767 Winnetka Ave N, New Hope, MN 55427
Nutrition City – Delta 8 & CBD Store 113 85th Ave NW, Coon Rapids, MN 55433
THC by Nothing But Hemp 4762 Banning Ave, White Bear Lake, MN 55110
Nutrition City – Vitamins & Supplements Store 2108 Lyndale Ave S, Minneapolis, MN 55405
CBD Wellness- THC & CBD STORE 14165 James Rd, Rogers, MN 55374
Mainstream CBD & THC Dispensary 10 Rosedale Shopping Center, Roseville, MN 55113
THC Delivery & Curbside Pick-up by Simply Crafted CBD 726 NE Central Ave, Minneapolis, MN 55414

How to Shop for Delta 8 Products in Minnesota

Not all Delta 8 products are created equal. As mentioned earlier, there’s a surprisingly large number of untested, dangerous products on the market.

Here are a few easy steps that will help you weed out substandard extracts and always purchase the creme of the crop:

  • Buy organic. Organic farming guarantees that hemp plants are grown in healthy soil and without pesticides. That’s critical for the quality of Delta 8 products because hemp plants are dynamic bioaccumulators. In other words, they easily absorb and accumulate both nutrients and toxins from their environment. Organic farming helps maximize the number of nutrients and avoid toxins.
  • Choose CO2-extracted products. CO2 extraction is the gold standard because it yields pure and consistently potent extracts without relying on hazardous solvents and high temperatures. It’s also the most expensive technology out there, meaning that companies using CO2 extraction prioritize quality and safety.
  • Avoid bleaches. Some Delta 8 manufacturers use bleaches in their extracts to make them look “cleaner.” However, adding bleaches compromises the quality of the end product. Bleaches are difficult to purge, and toxic residue may build up as you use Delta 8, potentially harming your health.
  • Read lab reports. Make sure that the company you’re buying from offers up-to-date certificates of analysis from a third-party laboratory. These documents prove the quality and purity of the product and are the only way to ensure that you’re getting what you’ve paid for. Never order from a company that doesn’t provide lab reports for its products.
  • Look for reputable brands. Companies that have an established reputation in the community and a long record of loyal customers are more likely to deliver the desired quality and safety standards than no-name brands. Look into customer reviews to get a bigger picture of what other users are saying about their products and customer service.

Key Takeaways on Buying Delta 8 THC in Minnesota

Delta 8 THC is regulated in the state of Minnesota, and nothing seems to change any time soon. The only way to enjoy delta 8 THC right now is through edibles, which have a cap of 5 mg of any THC per serving.

If you’re after a more potent THC, then you only need to wait a little while. Minnesota’s recreational marijuana laws will become effective this coming August.

If you’re still interested in delta 8 though, then choose edibles. It may be tempting to shop for Delta 8 THC locally, but it’s better to find a trustworthy online store and pick the best product for your needs in the comfort of your home. To start your online ventures, both Area 52 and Finest Labs are decent brands for beginners.

Nina created following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.