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Delta 8 THC in Minnesota: Is It Legal & Where to Buy in 2025?

Alien
Area 52
February 16, 2025 | Legal

Delta 8 THC is regulated in the state of Minnesota when HF 3595 was signed into law in 2022. It clarified that all hemp-derived products sold must contain no more than 0.3% THC. By THC, this includes not just delta 9 but delta 8 and 10 as well.

The only exception is edible hemp products with THC like delta 8 edibles. The state has imposed a 5 mg THC cap per serving. One package of edibles containing THC must also not contain more than 50 mg of THC.

The law also prohibited the use of other synthetically-made cannabinoids like THC-O and THC-P.

Medical marijuana is legal in Minnesota and has been since 2014. On March 30, 2023, Minnesota joined the list of fully legal states, becoming the 23rd state to legalize recreational marijuana.

In this article, we’ll be looking at the laws, regulations, and restrictions surrounding the delta 8 THC market in Minnesota and providing you with some valuable information before you choose to purchase this cannabinoid.

Is Delta 8 Legal in Minnesota?

Hemp Plants Inside a Green House

Delta 8 THC edibles are restricted in Minnesota.

In May 2022, the state placed a cap of 5 mg of total THC per serving or 50 mg of total THC per package of edibles or food products. THC includes delta 9 THC as well as delta 8 THC derived from hemp. This took effect on July 1, 2022.

However, it also clearly banned the use of other psychoactive cannabinoids synthesized from hemp derived CBD like THC-O and THC-P on edibles. Products must not contain these synthesized hemp-derived THC.

As for other products derived from hemp plants, they are legal in Minnesota and at the federal level, thanks to the 2018 Farm Bill, which legalized hemp. Federal guidelines legally separate industrial hemp (less than 0.3% THC on a dry weight basis) and marijuana (more than 0.3% THC). This means that hemp and its derivatives can be freely traded, produced, and consumed as long as their THC levels do not exceed 0.3%. This includes cannabinoids such as CBD, CBG, and delta 8 THC.

Please note that marijuana remains one of the controlled substances tightly regulated by the Drug Enforcement Administration. Simply put, marijuana is still considered illegal under federal laws.

Less than a year after imposing a THC limit on edibles, Minnesota legalized marijuana for adult use. This market is regulated by the state’s Office of Cannabis Management.

On March 30, 2023, Governor Tim Walz signed into law HF 100. Residents and consumers 21 years of age or older can now use marijuana for recreational purposes, and the new law took effect on August 1, 2023. They can now possess the following marijuana products:

  • 2 oz or less of weed in public
  • 1.5 lbs or less of cannabis flower for personal consumption at home
  • 8 grams or less of cannabis concentrate

They’re also allowed to cultivate up to eight marijuana plants per single residence for personal use. However, no more than four cannabis plants should be mature, flowering plants.

Minnesota has also decriminalized marijuana possession, but stiff penalties may still be incurred for possessing large amounts.

Violation Penalty
Less than 2 oz in public None
Less than 2 lbs in private None
More than 2 oz but less than 4 oz Maximum fine of $300
4 oz to 1 lb (Possession in 3rd degree) 90 days jail time
$1,000
1 lb to 2 lbs (Possession in 2nd degree) One year jail time
$3,000
2 lbs to 10 kg (Possession in 1st degree) Five years jail time
$10,000

Where to Buy Delta 8 THC in Minnesota

Miniature Cart Beside a Laptop and a Person Checking Mobile for Online Shopping

Delta 8 THC is regulated in Minnesota. You can no longer purchase delta 8 edibles with high THC levels in selected stores, marijuana dispensaries, and from online vendors. If you want to buy delta 8 gummies, candies, or other edibles in-store or online, make sure it doesn’t contain more than 5 mg of THC per serving, be it delta 8, 9, or both.

We’re a bit biased — no doubt — but we truly believe online shopping for delta 8 THC is the way to go. We refuse to offer our products to any dispensaries simply because we can’t trust they’re going to be stored properly prior to sale. We want to ensure our products are as potent as possible, which means keeping our bottles in a cold dark room until just before the point of sale.

The benefits of ordering delta 8 THC online:

  • Online shops have better pricing and seasonal discounts
  • When you buy online, you can read customer reviews & third-party tests before you buy
  • Ordering online is easier and more convenient
  • Online shops have a greater selection of products
  • Products left on store shelves degrade more quickly

Always be sure to look for the product’s certificate of analysis. Having a COA means that the product was tested by a certified third-party laboratory and found safe and free from pathogenic microorganisms and toxic residues.

We provide third-party analysis for every batch of delta 8 THC that leaves our facility. You can also reach out to our customer service team at [email protected] should you have any questions.

Shop For the Best Delta 8 THC Products in Minnesota

  • Delta-8 Gummies
  • Delta-8 Tincture
  • Delta-8 Vape Cartridge
    Out of stock

You can order our products online and have them delivered if you’re living in Minnesota. Most deliveries take between one to three days. If you’re living in a rural area or ordering vape carts, it could take a little longer.

Be wary of buying delta 8 and even CBD products from random convenience stores and gas stations though. Most delta 8 products sold here haven’t gone through rigid third party lab testing and are often mislabeled.

Do I Need A Medical Card in Minnesota To Order Delta 8 THC?

You don’t need a medical card to buy delta 8 THC in Minnesota or any other state that allows it, for that matter. You only need to be 21 years or older with a valid ID to buy and enjoy delta 8 THC.

However, if you’re after edibles with high delta 8 levels, know that Minnesota placed a THC limit on these products.

The state did legalize weed for medicinal use in 2014, giving medical marijuana patients access to medical cannabis products for various health concerns such as chronic pain relief.

If you want to join the state’s program, be sure to check out Minnesota’s Department of Health website for the requirements, specifically the Division of Medical Cannabis.

Delta 8 Vapes & The PACT Act

The PACT (Prevent All Cigarette Trafficking) Act requires vape product vendors to verify the age of their customers before a sale is made. This is federal law, and any company not doing this is committing a serious crime.

If a company isn’t abiding by the PACT Act, it isn’t a trustworthy or legitimate business. Companies that don’t ask for age verification upon attempted purchase of any vape product, regardless of whether it contains delta 8 THC, should be avoided.

Companies that don’t abide by federal and state laws are most likely conducting other poor business practices and are only in this field for the money. There’s a lot of falsely labeled delta 8 THC going around the internet that doesn’t contain the suggested levels (if any) of the cannabinoid.

Companies that conduct business unethically may be using poor quality ingredients, cutting down cannabinoid percentages, and adding dangerous additives to their products to increase profit margins.

If you come across a company that isn’t abiding by the PACT Act, you shouldn’t purchase from them.

What’s The Difference Between Delta 8 THC & Delta 9 THC?

Delta 8 Tincture in the Bottles with Hemp Leaves on the Wooden Surface

THC (tetrahydrocannabinol) is a cannabinoid found in hemp and cannabis. When we say THC, you may automatically think of delta 9 THC — the compound in marijuana that gets you “high.” 

However, delta 8 THC is slightly different.

Delta 8 THC and delta 9 THC are separated by law and molecular structure. Because the cannabis plant produces only trace amounts of delta 8 THC, we convert CBD sourced from  hemp into delta 8 to get a higher yield. Because of hemp legalization, hemp-derived delta 8 THC became federally legal under the 2018 Farm Bill. Delta 9 THC is not yet federally legal, although it’s becoming legal under state laws across the United States.

Delta 8 THC is psychoactive and interacts with receptors in the same way that delta 9 THC does. However, because of the location of its double bond, delta 8 has a less intense effect and is much more mellowed out than delta 9 THC.

Delta 8 THC is far less potent, but because of this, there’s less risk of unwanted side effects such as paranoia, hyperstimulation, and “couch-lock.” This is great if you want to experience the relaxing effects of THC but still want to get on with daily tasks as usual. Of note, delta 8 can still cause dry eyes and dry mouth, but this is often well-tolerated by many users.

How to Use Delta 8 THC?

Delta 8 THC can be used in many ways. The cannabinoid is available in many of the consumption formats that you find in both CBD and delta 9 THC.

With everything from vape pens and edibles to capsules and tinctures, there’s a method of consumption to suit everyone. Some of the most common delta 8 THC forms are as follows.

  • Delta 8 THC vape pens
  • Delta 8 THC tinctures
  • Delta 8 THC edibles
  • Delta 8 THC capsules

1. Delta 8 THC Vape Pens

Vaping delta 8 THC is one of the most popular ways to consume the cannabinoid.

When delta 8 THC extract is combined with propylene glycol and vegetable glycerin, it can be heated up to produce vapor that can then be inhaled. When consumed this way, the cannabinoid becomes extremely bioavailable. This makes for a quicker and more intense onset of effects.

Vaping delta 8 THC is the best way to consume the cannabinoid if you’re looking for fast-acting relief. However, it’s not recommended for people with serious respiratory issues such as asthma or lung disease.

2. Delta 8 THC Tinctures

Delta 8 THC tinctures come in liquid form. A solution of alcohol or oil is used to carry a high-potency delta 8 THC extract. It’s applied under the tongue, where it can be sublingually absorbed.

The cannabinoid is highly bioavailable when consumed this way. However, the effects don’t set in as quickly as when it’s vaped. The effects of the delta 8 THC do last longer when consumed this way, though.

Tinctures are excellent if you want complete control over the dose. To adjust a dose, you can simply increase or decrease the amount you drop under the tongue. This gives you excellent flexibility, so you can adjust how much you take as and when you need it.

3. Delta 8 THC Edibles

Delta 8 THC edibles are likely second to vaping as the most popular way to consume delta 8 THC.

The most common edibles come in the form of gummy candies. Each gummy has a measured dose of delta 8 THC, so you know exactly how much of the cannabinoid you’re consuming.

Although less bioavailable than vape pens and tinctures, the effects are longer lasting. They are great if you want a simple, accurate, and tasty way to supplement with delta 8 THC.

4. Delta 8 THC Capsules

Delta 8 THC capsules are similar to edibles. They are consumed orally and must pass through the digestive tract, so they are on par with gummies in terms of bioavailability.

Capsules combine a filler with delta 8 THC extract. They come in dry hard-shell or softgel formats. They are taken in the same way as any other vitamin pill or medication — by swallowing with water.

If you want an easy and subtle way to consume delta 8 THC, capsules are an excellent choice.

Is Marijuana (Delta 9 THC) Legal In Minnesota?

Yes. Marijuana is now legal in Minnesota after the state fully legalized it for adult use in March 2023. The new law took effect in August 2023.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in Minnesota?

Delta 10 THC is another derivative of hemp. Minnesota’s legal framework also shows hemp products are limited to no more than 0.3% THC. This includes all THCs like delta 8, 9, and 10. The only exception is edibles which can contain up to 5 mg of total THC per serving.

What’s The Future of Delta 8 THC in Minnesota?

Delta 8 THC is regulated in the state of Minnesota, and this doesn’t seem to be changing any time soon.

If you want higher THC levels, know that Minnesota is now a fully legal state, allowing its residents to use marijuana for both medical and recreational purposes.

FAQs on Delta 8 and Other Cannabinoids in Minnesota

Get to know the status of delta 8 and other cannabinoids in Minnesota in this short list of commonly asked questions.

1. Can I order Delta-8 in Minnesota?

You can buy delta 8 products in Minnesota in-store or online. Just make sure it’s derived from compliant hemp. Hemp edibles containing THC though are limited to 5 mg of total THC per serving and 50 mg of total THC per package.

2. When Did Delta 9 Become Legal in MN?

Hemp-derived delta-9 became legal in Minnesota when the 2018 Farm Bill was signed into law.  Marijuana-derived delta 9 became legal in 2023, when the state legalized recreational weed.

3. Can I Buy Delta-9 in Minnesota?

You can buy delta 9 sourced from hemp and marijuana in Minnesota. The state legalized medical and recreational marijuana in 2014 and 2023, respectively.

4. Is HHC Legal in Minnesota? 

The state prohibits the use of synthetically-manufactured cannabinoids such as HHC, THC-O, or THC-P in edible products.

5. Is THCA legal in Minnesota in 2025?

THCA is legal in Minnesota. It’s a non-psychoactive cannabinoid found in both hemp and marijuana that converts into THC when the plant matures or when THCA is exposed to heat.

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