THC Edibles and Beverages Legal in Minnesota

Anyone aged 21+ in Minnesota can now purchase edibles or beverages that include up to 5mg of Delta-9 THC beginning July 1, 2022. This is from a provision that was part of the omnibus health bill that Governor Tim Walz signed into law this spring. Additionally under this provision, there are no limits on the retailer licenses to sell the products, which could mean that any place from a smoke shop to a grocery store could sell these products. However, there are packaging restrictions to avoid marketing the products to those under 21.

While this new provision does not legalize recreational marijuana sales, like the states of Colorado, California or Oregon, this is opens the door for all to purchase THC products in the state. As of 2014, Minnesota legalized the sale of medicinal marijuana for those that had qualifying medical conditions such as cancer, glaucoma, PTSD, or sickle cell disease. As of March 1, 2022, this now includes the option to buy dried cannabis flower from the state’s medical cannabis dispensaries.

Employers in Minnesota should be wary of this new law, and implement a workplace drug policy if you do not already. Unlike alcohol, individuals can test positive for THC for many days after using. If you suspect that an individual is under the influence of marijuana, please contact the attorneys at myHRcounsel before you take any adverse actions against the individual.