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MARIJUANA MOMENT
MINNESOTA OFFICIALS FORM INTERAGENCY PLAN TO REIN IN SALES OF HIGH-THC MARIJUANA
BEING SOLD AS LEGAL HEMP
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POLITICS
MINNESOTA OFFICIALS FORM INTERAGENCY PLAN TO REIN IN SALES OF HIGH-THC MARIJUANA
BEING SOLD AS LEGAL HEMP
Published
2 days ago
on
January 13, 2024
By
Marijuana Moment
Because the Office of Medical Cannabis doesn’t have the power to regulate raw
flower, inspectors can’t take samples to see if it is legal or illegal.
By Peter Callaghan, MinnPost
This story was originally published by MinnPost.
A New Poll Finds That Floridians Want Legal Marijuana
A New Poll Finds That Floridians Want Legal Marijuana
A new poll from the University of North Florida finds broad support for a state
constitutional amendment legalizing marijuana–but that proposal is currently
under review by the state supreme court. Veuer’s Matt Hoffman has the details.
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Minnesota’s cannabis regulators say they have a plan to fill a gap in state law
that could be letting some hemp retailers sell marijuana flower without
consequence.
Charlene Briner, the interim director of the new Office of Cannabis Management,
said Thursday that she is working with other agencies to provide a temporary
method to inspect and test raw cannabis flower to make sure it does not violate
current law.
She said the agency will look into using inspectors from the Office of Medical
Cannabis and the Department of Agriculture to exercise the Office of Cannabis
Management’s authority to stop the sale of cannabis flower that is illegal
marijuana masquerading as legal hemp.
“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.
“We’ll be sharing more about those plans as we put them in place,” she said.
To be legal to sell now, hemp flower must contain only 0.3 percent delta-9 THC
or less. Such hemp plants do not have enough THC to be intoxicating when eaten
or smoked. But by processing the hemp for edibles and beverages, the THC content
can be enhanced to produce an intoxicating effect.
Some hemp retailers and smoke shops have been selling raw cannabis flower that
might or might not exceed those legal limits. Hemp inspectors have not acted
against such sales—or even to test the flower—because while the Office of
Medical Cannabis regulates hemp sales, the law doesn’t give it any authority
over unprocessed flower.
The loophole became public late last year when former Office of Medical Cannabis
director Chris Tholkes discussed it on the national podcast Weed Wonks. She said
her inspectors have seen sales of raw cannabis flower that the stores claim is
legal hemp but that the inspectors suspect is not.
The plan to address the gap was discussed Thursday during a meeting between
state regulators and leaders of the associations representing county sheriffs
and local police chiefs. While the new cannabis law envisioned civil regulation
of recreational marijuana, it also foresaw law enforcement retaining its role in
enforcing major crimes such as illegal trafficking of cannabis.
Local police could act against questionable sales of raw cannabis flower.
Whether local law enforcement has the interest or capacity to do so in the
interim period between illegal and legal sales has been in question.
Briner called the meeting Thursday productive and said it will lead to ongoing
communications between state regulators and local law enforcement as the
complicated law gets implemented.
“I expect it will be the first of many with them about our respective
enforcement roles for both this transitional period, and on an ongoing basis,”
she said.
The problem emerged from the way House File (HF) 100, the massive recreational
marijuana law, provided for the transition to legalization. Possessing and
growing small amounts of marijuana became legal August 1, but the retail sale of
the same drug won’t be allowed until the cannabis management office drafts rules
and issues licenses. That isn’t expected for another 15 months.
—
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policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
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Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
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Over the same transition period, the Office of Medical Cannabis is charged with
regulating the hemp edibles and beverages business that was made legal in 2022.
But the temporary authority in HF 100 to regulate hemp products only included
products made by processing hemp, not the raw flower itself.
That gap in the law has allowed some hemp retailers to sell raw flower that
might—or might not—exceed the THC potency limits that separate legal hemp from
illegal marijuana. And because the Office of Medical Cannabis doesn’t have the
power to regulate raw flower, inspectors can’t take samples to see if it is
legal or illegal.
That’s where Briner’s proposed solution comes in. The Office of Cannabis
Management has the legal authority to stop illegal flower sales but not the
staff to do so. It can essentially contract with the Office of Medical Cannabis
and the Department of Agriculture that regulates hemp on the farm to empower its
inspectors to exercise OCM’s authority over illegal marijuana sales. Government
calls such arrangements interagency agreements.t
Illegal sales are subject to civil penalties under the new recreational
marijuana law.
All of this is temporary. Once the Office of Cannabis Management issues retail
sales licenses, those retailers will be allowed to sell the types of
intoxicating cannabis flower that cannot legally be sold now.
Briner acknowledged the frustration among some hemp retailers who are trying to
follow the law but are competing with stores that are selling raw cannabis
flower that might well be illegal. She also asked for patience, as it will take
a few months to get the agreements and the testing capacity set up.
The Legislature could solve the problem itself when it convenes February 12 by
amending the law and giving the Office of Medical Cannabis authority to regulate
raw cannabis flower in addition to edibles and beverages. But if the interagency
agreements are already set up once the session gets in full swing, such a legal
change wouldn’t be needed.
> Congressional Researchers Caution That Differing Hemp Industry Interests Could
> ‘Complicate’ Debate Over Next Farm Bill
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pledge.
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