Free Priority Shipping on Orders $149+
Free Priority Shipping on Orders $149+
Skip to content

Is Delta 8 Legal in Minnesota?

Delta 8 THC is a psychoactive compound derived from hemp or marijuana plants. It has a similar chemical structure to Delta 9 THC, the main compound in marijuana that gets you high, but with a milder and smoother effect. 

Delta 8 THC products have become popular among consumers who want to experience some of the benefits of cannabis without the negative side effects of Delta 9 THC, such as anxiety, paranoia, or drowsiness. 

But is Delta 8 THC legal in Minnesota? And what are the rules and regulations for using, buying, and selling Delta 8 THC products in the state?

Can You Consume Delta 8 in Minnesota?

The short answer is yes, you can consume Delta 8 in Minnesota, but with some limitations. Delta 8 THC derived from hemp is legal in Minnesota, as long as it contains no more than 0.3% of any THC, including Delta 9 and Delta 10 THC. This is in accordance with the 2018 Farm Bill, which legalized hemp and its derivatives at the federal level, and the Minnesota state law, which adopted the same definition of hemp.

However, in May 2022, Minnesota passed a new law that restricted the sale of products with high levels of hemp-derived Delta 8 THC. The law clarified that all products derived from hemp should have no more than 0.3% of any THC, and placed a THC limit on edibles. 

One serving of edibles must not contain more than 5 mg of any THC (Delta 9 and 8), and one package must not have more than 50 mg of any THC in total. The law also prohibited the use of other artificially-derived cannabinoids, such as THC-P and THC-O, in edibles.

On the other hand, Delta 8 THC derived from marijuana is also legal in Minnesota, as the state legalized marijuana for adult use on May 30, 2023. Governor Tim Walz signed into law HF 100, which made Minnesota the 23rd state to fully legalize weed. 

Can You Travel to Minnesota with Delta 8?

The answer to this question depends on where you are coming from, where you are traveling through, and what mode of transport you are using. If you are traveling within Minnesota, you can carry Delta 8 THC products derived from hemp or marijuana, as long as you comply with the state laws regarding possession limits, packaging, and labeling. 

However, if you are traveling across state lines, you may encounter some legal issues, as Delta 8 THC is not legal in every state. Some states, such as Nevada, Rhode Island, Utah, and Vermont, have explicitly banned Delta 8 THC or have laws that make it illegal by default. 

Therefore, you should check the laws of the states you are traveling to or through before bringing Delta 8 THC products with you.

Can You Drive Under the Influence of Delta 8 in Minnesota?

No, you cannot drive under the influence of Delta 8 in Minnesota, as it is illegal and dangerous. Minnesota has a zero-tolerance policy for driving under the influence of any controlled substance, including Delta 8 THC. 

According to the state law, “it is a crime for any person to drive, operate, or be in physical control of any motor vehicle… when the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols”. 

Delta 8 THC is considered a Schedule I controlled substance under federal law, and therefore falls under this category. The penalty for driving under the influence of Delta 8 THC can range from a misdemeanor to a felony, depending on the circumstances, and can include jail time, fines, license suspension, and ignition interlock device installation.

What Are the Age Restrictions for Using Delta 8 in Minnesota?

The age restrictions for using Delta 8 in Minnesota depend on the source of the product. If the product is derived from hemp, the legal age to buy and use it is 18 years or older, as hemp products are considered dietary supplements and are not regulated by the Food and Drug Administration (FDA). 

However, some retailers may have their own policies and require customers to be 21 years or older to purchase Delta 8 products. If the product is derived from marijuana, the legal age to buy and use it is 21 years or older, as marijuana products are regulated by the state’s adult-use program. 

Minors who possess or use Delta 8 products derived from hemp or marijuana may face legal consequences, such as fines, community service, drug education, or juvenile detention.

Where to Buy Delta 8 in Minnesota

Since Delta 8 is legal in Minnesota, you can buy Delta 8 products from various sources, such as online stores, vape shops, smoke shops, health stores, or dispensaries. 

However, not all Delta 8 products are created equal, and some may be low-quality, unsafe, or illegal. Therefore, you should be careful when choosing where to buy Delta 8 products, and look for reputable sellers who offer high-quality, lab-tested, and compliant products. 

One of the best places to buy Delta 8 products in Minnesota is Elyxr, a trusted online store that offers a wide range of Delta 8 products, such as gummies, tinctures, cartridges, capsules, and more. 

Elyxr products are made from organic hemp, extracted using CO2, and tested by third-party labs for potency, purity, and safety. Elyxr products also comply with the state and federal laws regarding THC content and labeling, and are shipped discreetly and securely to your doorstep.