Is Delta-8 Legal in Minnesota? (2026 Guide)

Yes, Delta-8 is legal in Minnesota in edible form only. Under Minn. Stat. § 151.72, edible cannabinoid products can contain Delta-8 or Delta-9 THC but are limited to 5mg per serving and 50mg per package. Sales restricted to 21+. Inhalable products (vapes, flower) are prohibited. THC-P, THC-O, and HHC are banned unless authorized by the Office of Cannabis Management.

Key Takeaways

• Delta-8 edibles are legal with potency limits
• 5mg THC per serving, 50mg THC per package maximum
• 21+ age requirement for all THC-containing products
• No inhalable: Vapes, flower, and smokable products prohibited
• THC-P, THC-O, HHC are banned unless OCM authorizes
• Beverages: Max 2 servings per container (10mg total)
• Products must be displayed behind counter or in locked cases
• Retailers must register with Office of Cannabis Management

What Is Delta-8 THC?

Delta-8 THC is a cannabinoid found in trace amounts in hemp plants. It produces milder psychoactive effects than Delta-9 THC. Most commercial Delta-8 is created by converting CBD extracted from hemp.

Minnesota explicitly permits Delta-8 in edible products, making it one of the more progressive states for hemp-derived cannabinoids—while still maintaining strict consumer protections.

Minnesota's Hemp Cannabinoid Framework

Minnesota established comprehensive hemp edible regulations starting in 2022, expanded in 2023 alongside recreational cannabis legalization.

What's Legal: Edible Cannabinoid Products

Minnesota law (Minn. Stat. § 151.72) explicitly states:

"An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9 tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an artificially derived cannabinoid."

This means both naturally extracted AND converted Delta-8 is permitted in edibles.

Potency Limits

All "lower-potency hemp edibles" must meet these limits:

• THC: ≤5mg Delta-8 or Delta-9 per serving
• Package total: ≤50mg THC per package
• CBD: ≤25mg per serving
• CBG: ≤25mg per serving
• Other cannabinoids: ≤0.5mg per serving

Beverage-Specific Rules

Hemp-derived THC beverages have additional restrictions:

• Maximum 2 servings per container
• Maximum 10mg total THC per container
• 5mg THC per serving limit applies

Prohibited Cannabinoids

Minnesota explicitly bans certain cannabinoids in edibles:

• THC-P (tetrahydrocannabiphorol)
• THC-O (THC-O-acetate)
• HHC (hexahydrocannabinol)
• Any other artificially derived cannabinoid not authorized by OCM
• Synthetic cannabinoids

Only Delta-8 and Delta-9 THC are explicitly permitted as artificially derived cannabinoids.

No Inhalable Products

Minnesota prohibits:

• Delta-8 vape cartridges
• Delta-8 flower
• Any smokable or inhalable hemp product
• Concentrates for dabbing

This is a key restriction—even though Delta-8 edibles are legal, you cannot purchase Delta-8 vapes or flower in Minnesota.

Age and Retail Requirements

21+ Only

All edible cannabinoid products containing THC require:

• Purchaser must be 21 years or older
• Retailer must verify age
• No sales to minors under any circumstances

Display and Storage

Retailers must:

• Display products behind checkout counter OR in locked cases
• Keep products inaccessible to public without assistance
• Register with Office of Cannabis Management

Minnesota's Cannabis Landscape (2025-2026)

Minnesota legalized recreational cannabis in 2023. The Office of Cannabis Management now oversees both:

• Lower-potency hemp edibles: The products discussed here (5mg/serving limit)
• Adult-use cannabis: Higher-potency products sold through licensed dispensaries

Recreational cannabis dispensaries began opening in early 2025, offering higher-potency options. Lower-potency hemp edibles remain available through registered retailers with cheaper licensing fees ($250 vs. higher cannabis fees).

Compliance and Enforcement

Minnesota actively enforces hemp regulations:

• 2,388 inspections conducted January-October 2024
• Compliance improved from 35% (Q1) to 70% (Q3)
• Nearly 32,000 non-compliant products seized ($838,600 retail value)
• OCM uses mobile field-testing units

Common violations include exceeding THC limits, containing prohibited cannabinoids, and improper labeling.

Will Delta-8 Show Up on a Drug Test?

Yes. Delta-8 THC produces metabolites similar to Delta-9 THC. Standard drug tests cannot distinguish between them.

Even at Minnesota's 5mg limit, regular consumption can result in detectable THC metabolites. Consider this before using if subject to drug testing.

What To Look For When Buying

For Minnesota-compliant Delta-8 products:

1. Check THC content: ≤5mg per serving, ≤50mg per package
2. Verify format: Edibles only—no vapes or flower
3. Confirm cannabinoids: Only Delta-8 or Delta-9 (no THC-P, THC-O, HHC)
4. Review COA: Third-party lab testing from accredited lab
5. Check retailer: Must be registered with OCM
6. Age verification: Must be 21+

Neighboring States

Hemp laws vary in states near Minnesota:

• Wisconsin: Permits hemp-derived THC products
• Iowa: Very restrictive—Delta-8 illegal, strict THC caps
• North Dakota: Follows federal hemp definition
• South Dakota: Restrictions on hemp THC products

Products compliant in Minnesota may not be legal in neighboring states. Research destination laws before traveling.

Final Thoughts

Minnesota provides a clear regulatory framework for Delta-8 edibles: legal at 5mg/serving with 50mg/package caps, for adults 21+, with no inhalable products. This "lower-potency hemp edible" category offers accessible, regulated options outside the dispensary system.

The Office of Cannabis Management actively enforces these rules, so verify product compliance before purchasing. With recreational dispensaries now open, Minnesota residents have both lower-potency hemp options and higher-potency cannabis options depending on their needs.

Always purchase from registered retailers providing current COAs showing compliant THC levels and no prohibited cannabinoids. 

Disclaimer

FDA Disclaimer: These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Minnesota regulates hemp edibles—verify compliance with current OCM requirements.