Delta 8 THC Selling Out Fast in Minnesota, But Is It Legal?

Delta 8 Minnesota

Delta 8 THC landed on store shelves and online shopping carts in a snap. Now, it requires a regulatory framework to guarantee the safety of the products placed on the market

While states like Florida embraced the new hemp-derived compound, Minnesota regulated it more strictly. Is delta 8 THC legal to buy in Minnesota? Let’s take a look.

Last Update: April 24, 2024


  • Delta 8 THC is legal in Minnesota, but it’s regulated under HF 3595. State law permits the sale of this cannabinoid, but the product’s THC concentration must not exceed 0.3% total THC.
  • The new THC rule includes delta 9, delta 8 and delta 10 THC. Artificial cannabinoids like THCp and THCO are prohibited in products in this state.
  • Edible delta 8 products must not exceed 5mg total THC per serving and 50mg per package.
  • You can buy delta 8 THC products online so long as they comply with the new regulations.

Is Delta 8 THC Legal in Minnesota?

Yes, hemp-derived delta 8 THC is legal in Minnesota, but it’s regulated. 

The state regulated this compound under HF 3595 by limiting the amount of THC in a hemp product. In Minnesota, hemp-derived products must not contain over 0.3% THC, including delta 9 THC, delta 8 THC, and delta 10 THC.

Edible delta 8 THC products have a cap of 5mg of total THC per serving and 50mg of total THC per package.

The use of artificial cannabinoids like THCp and THCO in products is prohibited. Smokable hemp products are also prohibited.

Marijuana is legal in this state since August 1, 2023. Adults aged 21 and older can buy and possess two oz. or less of cannabis in public. By 2025, the state plans to further regulate intoxicating hemp products as part of its adult-use cannabis program.

After the adoption of the 2018 Farm Bill, Minnesota legalized hemp and any part of the plant, including derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers containing less than 0.3% delta 9 THC by weight.  

Under state law, there’s a clear distinction between hemp and marijuana. The state’s Controlled Substances Act declares tetrahydrocannabinols found in the genus Cannabis controlled substances “unless specifically excepted.”

Furthermore, the state makes a specific exception for hemp or cannabis material that contains less than 0.3% delta-9 THC. 

Due to D8’s psychotropic effects, most retailers restrict sales to adults at least 21 years of age.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in Minnesota

You can find the widest collection of delta 8 THC products online.

But, shopping for quality products is not a walk in the park. Many vendors don’t offer properly tested delta 8 products, so it’s important to choose the right brand. Mr. Hemp Flower is different and stands behind every product it offers. 

Why Mr. Hemp Flower? 

At Mr. Hemp Flower, we care about providing products that offer the full-spectrum benefits of the hemp plant. Our collection of cannabinoid products includes hemp CBD, CBN, and now delta 8 gummies, concentrates, tinctures, soft gel capsules, and so much more.

If you’re interested in D8 flower, we recommend Cheese and Northern Lights, both sprayed with D8 THC Oil. 

Delta 8 THC is legal in Minnesota, which means you can order any D8 product on our website. We use discreet packaging and offer fast shipping directly to your home. But most importantly, all our D8 is tested by a third-party lab and comes with a Certificate of Analysis, terpene report, and a transparent ingredient list. 

What is Delta 8 THC? 

Delta 8 THC is a hemp derivative considered a relative to delta 9 THC also known as conventional THC. They’re slightly different in their chemical structure, and they both interact with the endocannabinoid system. However, because of a notable but small difference in their structure, they cause distinct effects. 

Studies and anecdotal evidence show that D8 is half as potent as D9 if devoured at the same dose. This compound gives the user a mellow “intoxication” without causing the typical THC side effects like anxiety and paranoia. 

Delta 8 THC and Federal Law 

Delta-8’s legality on a federal level is in limbo.

As you may know, this hemp derivative is present in the hemp plant in insufficient amounts (less than 0.1%) for it to be naturally extracted. When extracted in its organic form, Delta-8 is legal federally. 

But, because its extraction is not financially viable for manufacturers, they typically produce it by chemically converting hemp-derived cannabidiol (CBD). The conversion of CBD into D8 is done via isomerization and is problematic because it gives the DEA space to consider D8 made this way, a “synthetically derived tetrahydrocannabinol.”

Federal law broadly defines the term “synthetically derived THC.” In a 2020 report, the Drug Enforcement Administration (DEA) confirmed that “all synthetically derived tetrahydrocannabinols remain Schedule I substances.” Experts assume the report aimed to clarify the situation with the rise of D8 on the market, but it only made things more confusing. 

The part that causes confusion is whether Delta-8 produced from hemp-derived CBD truly falls under the category of ”synthetically derived THC.” Many experts agree that D8 available on the market is not entirely “natural,” but it’s not synthetic either. 

An example of “synthetic THC” is Spice and K2, man-made chemicals created in a lab without the involvement of cannabis plant material. These chemicals are entirely artificially made and have nothing to do with the cannabis plant but mimic the effects of THC in the body. D8 THC is made from hemp-derived CBD and has intoxicating properties, hence the need to be regulated differently. 

Final Thoughts

As of this writing, delta 8 is legal to buy in Minnesota, but it’s regulated. Products containing delta 8 must not exceed 0.3% total THC (including delta 9 and delta 10). 

The North Star State hasn’t issued a ban on the use and possession of hemp-derived D8 products. However, they will regulate these products as part of their adult cannabis market by 2025, available only to people aged 21 and older.  

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Yes, this hemp derivative is still legal to buy in Minnesota, and you can find it in local shops and online stores. 

The best place to buy D8 in Minnesota is online, from licensed shops that sell a range of tested cannabinoid products, like Mr. Hemp Flower.  

Minnesotans can shop a wide range of D8 products that fall under current regulations online safely and discreetly.

No, so far, 15 states have banned this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

It’s considered safe. As a natural hemp derivative, D8 doesn’t cause side effects like classic THC. But, it’s more important to check the products you’re buying for quality. 

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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