Minnesota’s OCM Looks to Rein in Marijuana Being Sold as “Hemp”

Cannabis Blog Jan 24, 2024 Chicago, IL

Charlene Briner, the recently appointed interim director of Minnesota’s Office of Cannabis Management (“OCM”), is working on a plan to stop the sale of marijuana flower that is being labeled and sold as legal hemp. Her plan calls for an interagency team-up with the Office of Medical Cannabis and the Department of Agriculture to put a stop to a loophole that was created with the passing of Minnesota’s recreational cannabis legislation last year. Under the new law, the Office of Medical Cannabis is charged with regulating the hemp edibles and beverages business that was made legal in 2022, but that regulatory authority only stretches to edibles and beverages, not the raw flower itself. As a result, the Office of Medical Cannabis inspectors lack the authority to regulate and test samples of raw flowers. Conversely, the OCM has the authority but not the staff to inspect raw flowers and stop the sale of flowers that exceed the THC limit for hemp. It is that regulatory enforcement gap that some hemp shops are believed to be exploiting (regulators do not know for sure if the flower that is being sold exceeds the THC limits because they do not currently have the regulatory authority to take samples for testing).

Briner’s plan aims to close that regulatory enforcement gap. “OCM is evaluating how to leverage existing enforcement capacity at the Office of Medical Cannabis to act on OCM’s behalf and how we can develop capacity to test raw cannabis flower,” Briner said. Under the temporary plan, which is called an interagency agreement, the OCM will contract with the Office of Medical Cannabis to empower its inspectors with the OCM’s authority to regulate illegal marijuana sales. Armed with this regulatory authority, the Office of Medical Cannabis inspectors will then be able to take flower samples and test them to confirm they are below the allowable THC limit to qualify as hemp. Consistent with the 2018 Farm Bill, to be legal to sell in Minnesota, hemp flower must contain only 0.3 percent delta-9 THC or less.

Briner and her team should be applauded for identifying this issue and working quickly to address it. That said, there is still much to do at the OCM as it works to put a regulatory framework in place to usher in the adult-use cannabis industry in Minnesota in the coming months.

David Standa ([email protected]) continues to follow the Minnesota cannabis industry closely. Feel free to contact him directly with any questions about the low-potency hemp market or the upcoming recreational application window.

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Minnesota’s OCM Looks to Rein in Marijuana Being Sold as “Hemp”

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