Agenda - Council Work Session - 04/11/2023

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APPENDIX Repealed Minnesota Statutes: HO100-9 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given. (b) "Certified hemp" means hemp plants that have been tested and found to meet the requirements of chapter 18K and the rules adopted thereunder. (c) "Edible cannabinoid product" means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug. (d) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 3. (e) "Label" has the meaning given in section 151.01, subdivision 18. (f) "Labeling" means all labels and other written, printed, or graphic matter that are: (1) affixed to the immediate container in which a product regulated under this section is sold; (2) provided, in any manner, with the immediate container, including but not limited to outer containers, wrappers, package inserts, brochures, or pamphlets; or (3) provided on that portion of a manufacturer's website that is linked by a scannable barcode or matrix barcode. (g) "Matrix barcode" means a code that stores data in a two-dimensional array of geometrically shaped dark and light cells capable of being read by the camera on a smartphone or other mobile device. (h) "Nonintoxicating cannabinoid" means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. Subd. 2. Scope. (a) This section applies to the sale of any product that contains cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended for human or animal consumption by any route of administration. (b) This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to sections 152.22 to 152.37. (c) The board must have no authority over food products, as defined in section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from hemp. Subd. 3. Sale of cannabinoids derived from hemp. (a) Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met, provided that a product sold for human or animal consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f)• (b) No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended: (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or (2) to affect the structure or any function of the bodies of humans or other animals. (c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. (d) Products that meet the requirements of this section are not controlled substances under section 152.02. Subd. 4. Testing requirements. (a) A manufacturer of a product regulated under this section must submit representative samples of the product to an independent, accredited laboratory in order to certify that the product complies with the standards adopted by the board. Testing must be consistent with generally accepted industry standards for herbal and botanical substances, and, at a minimum, the testing must confirm that the product: (1) contains the amount or percentage of cannabinoids that is stated on the label of the product; 1R