| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to cannabis; requiring the Office of Cannabis Management to establish |
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| 3 | 3 | | 1.3 limits on the total THC in cannabis flower and cannabis products; prohibiting the |
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| 4 | 4 | | 1.4 addition of ingredients to impart a taste or smell to cannabis products intended to |
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| 5 | 5 | | 1.5 be consumed through the inhalation of smoke, vapor, or aerosol; requiring warnings |
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| 6 | 6 | | 1.6 about cannabis consumption to include a warning regarding cancer; prohibiting |
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| 7 | 7 | | 1.7 advertisements that promote the co-consumption of alcohol and cannabis; amending |
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| 8 | 8 | | 1.8 Minnesota Statutes 2024, sections 342.06, subdivision 1; 342.63, subdivision 6; |
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| 9 | 9 | | 1.9 342.64, subdivision 1. |
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| 10 | 10 | | 1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 11 | 11 | | 1.11 Section 1. Minnesota Statutes 2024, section 342.06, subdivision 1, is amended to read: |
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| 12 | 12 | | 1.12 Subdivision 1.Approval of cannabis flower and products.(a) For the purposes of |
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| 13 | 13 | | 1.13this section, "product category" means a type of product that may be sold in different sizes, |
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| 14 | 14 | | 1.14distinct packaging, or at various prices but is still created using the same manufacturing or |
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| 15 | 15 | | 1.15agricultural processes. A new or additional stock keeping unit (SKU) or Universal Product |
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| 16 | 16 | | 1.16Code (UPC) shall not prevent a product from being considered the same type as another |
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| 17 | 17 | | 1.17unit. All other terms have the meanings provided in section 342.01. |
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| 18 | 18 | | 1.18 (b) The office shall approve product categories of cannabis flower, cannabis products, |
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| 19 | 19 | | 1.19lower-potency hemp edibles, and hemp-derived consumer products for retail sale. |
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| 20 | 20 | | 1.20 (c) The office may must establish limits on the total THC of cannabis flower, cannabis |
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| 21 | 21 | | 1.21products, and hemp-derived consumer products. As used in this paragraph, "total THC" |
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| 22 | 22 | | 1.22means the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by |
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| 23 | 23 | | 1.230.877 plus the percentage by weight of all tetrahydrocannabinols. |
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| 24 | 24 | | 1.24 (d) The office shall not approve any cannabis product, lower-potency hemp edible, or |
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| 25 | 25 | | 1.25hemp-derived consumer product that: |
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| 26 | 26 | | 1Section 1. |
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| 27 | 27 | | REVISOR BD/NS 25-0144612/13/24 |
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| 28 | 28 | | State of Minnesota |
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| 29 | 29 | | This Document can be made available |
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| 30 | 30 | | in alternative formats upon request |
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| 31 | 31 | | HOUSE OF REPRESENTATIVES |
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| 32 | 32 | | H. F. No. 168 |
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| 33 | 33 | | NINETY-FOURTH SESSION |
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| 34 | 34 | | Authored by Robbins, Repinski and Gander01/22/2025 |
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| 35 | 35 | | The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1 (1) is or appears to be a lollipop or ice cream; |
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| 36 | 36 | | 2.2 (2) bears the likeness or contains characteristics of a real or fictional person, animal, or |
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| 37 | 37 | | 2.3fruit; |
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| 38 | 38 | | 2.4 (3) is modeled after a type or brand of products primarily consumed by or marketed to |
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| 39 | 39 | | 2.5children; |
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| 40 | 40 | | 2.6 (4) is substantively similar to a meat food product; poultry food product as defined in |
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| 41 | 41 | | 2.7section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision |
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| 42 | 42 | | 2.87; |
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| 43 | 43 | | 2.9 (5) contains a synthetic cannabinoid; |
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| 44 | 44 | | 2.10 (6) is made by applying a cannabinoid, including but not limited to an artificially derived |
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| 45 | 45 | | 2.11cannabinoid, to a finished food product that does not contain cannabinoids and is sold to |
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| 46 | 46 | | 2.12consumers, including but not limited to a candy or snack food; or |
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| 47 | 47 | | 2.13 (7) is intended to be consumed by combusting or vaporizing the product and inhaling |
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| 48 | 48 | | 2.14smoke, aerosol, or vapor from the product, that imparts a taste or smell other than the taste |
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| 49 | 49 | | 2.15or smell of cannabis, that is distinguishable by an ordinary person before or during the |
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| 50 | 50 | | 2.16consumption of the product; or |
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| 51 | 51 | | 2.17 (7) (8) if the product is an edible cannabis product or lower-potency hemp edible, contains |
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| 52 | 52 | | 2.18an ingredient, other than a cannabinoid, that is not approved by the United States Food and |
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| 53 | 53 | | 2.19Drug Administration for use in food. |
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| 54 | 54 | | 2.20 Sec. 2. Minnesota Statutes 2024, section 342.63, subdivision 6, is amended to read: |
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| 55 | 55 | | 2.21 Subd. 6.Additional information.(a) A cannabis microbusiness, cannabis mezzobusiness, |
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| 56 | 56 | | 2.22cannabis retailer, or medical cannabis combination business must provide customers and |
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| 57 | 57 | | 2.23patients with the following information: |
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| 58 | 58 | | 2.24 (1) factual information about impairment effects and the expected timing of impairment |
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| 59 | 59 | | 2.25effects, side effects, adverse effects, and the risk of cancer and other health risks of associated |
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| 60 | 60 | | 2.26with cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived |
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| 61 | 61 | | 2.27consumer products; |
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| 62 | 62 | | 2.28 (2) a statement that customers and patients must not operate a motor vehicle or heavy |
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| 63 | 63 | | 2.29machinery while under the influence of cannabis flower, cannabis products, lower-potency |
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| 64 | 64 | | 2.30hemp edibles, and hemp-derived consumer products; |
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| 65 | 65 | | 2Sec. 2. |
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| 66 | 66 | | REVISOR BD/NS 25-0144612/13/24 3.1 (3) resources customers and patients may consult to answer questions about cannabis |
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| 67 | 67 | | 3.2flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
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| 68 | 68 | | 3.3products, and any side effects and adverse effects; |
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| 69 | 69 | | 3.4 (4) contact information for the poison control center and a safety hotline or website for |
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| 70 | 70 | | 3.5customers to report and obtain advice about side effects and adverse effects of cannabis |
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| 71 | 71 | | 3.6flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer |
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| 72 | 72 | | 3.7products; |
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| 73 | 73 | | 3.8 (5) substance use disorder treatment options; and |
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| 74 | 74 | | 3.9 (6) any other information specified by the office. |
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| 75 | 75 | | 3.10 (b) A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, or medical |
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| 76 | 76 | | 3.11cannabis combination business may include the information described in paragraph (a) on |
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| 77 | 77 | | 3.12the label affixed to the packaging or container of cannabis flower, cannabis products, |
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| 78 | 78 | | 3.13lower-potency hemp edibles, and hemp-derived consumer products by: |
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| 79 | 79 | | 3.14 (1) posting the information in the premises of the cannabis microbusiness, cannabis |
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| 80 | 80 | | 3.15mezzobusiness, cannabis retailer, or medical cannabis combination business; or |
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| 81 | 81 | | 3.16 (2) providing the information on a separate document or pamphlet provided to customers |
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| 82 | 82 | | 3.17or patients when the customer purchases cannabis flower, a cannabis product, a lower-potency |
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| 83 | 83 | | 3.18hemp edible, or a hemp-derived consumer product. |
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| 84 | 84 | | 3.19 Sec. 3. Minnesota Statutes 2024, section 342.64, subdivision 1, is amended to read: |
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| 85 | 85 | | 3.20 Subdivision 1.Limitations applicable to all advertisements.Cannabis businesses, |
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| 86 | 86 | | 3.21hemp businesses, and other persons shall not publish or cause to be published an |
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| 87 | 87 | | 3.22advertisement for a cannabis business, a hemp business, cannabis flower, a cannabis product, |
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| 88 | 88 | | 3.23a lower-potency hemp edible, or a hemp-derived consumer product in a manner that: |
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| 89 | 89 | | 3.24 (1) contains false or misleading statements; |
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| 90 | 90 | | 3.25 (2) contains unverified claims about the health or therapeutic benefits or effects of |
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| 91 | 91 | | 3.26consuming cannabis flower, a cannabis product, a lower-potency hemp edible, or a |
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| 92 | 92 | | 3.27hemp-derived consumer product; |
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| 93 | 93 | | 3.28 (3) promotes the overconsumption of cannabis flower, a cannabis product, a |
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| 94 | 94 | | 3.29lower-potency hemp edible, or a hemp-derived consumer product; |
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| 95 | 95 | | 3.30 (4) promotes the consumption of alcohol while consuming cannabis flower, a cannabis |
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| 96 | 96 | | 3.31product, a lower-potency hemp edible, or a hemp-derived consumer product; |
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| 97 | 97 | | 3Sec. 3. |
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| 98 | 98 | | REVISOR BD/NS 25-0144612/13/24 4.1 (4) (5) depicts a person under 21 years of age consuming cannabis flower, a cannabis |
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| 99 | 99 | | 4.2product, a lower-potency hemp edible, or a hemp-derived consumer product; or |
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| 100 | 100 | | 4.3 (5) (6) includes an image designed or likely to appeal to individuals under 21 years of |
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| 101 | 101 | | 4.4age, including cartoons, toys, animals, or children, or any other likeness to images, characters, |
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| 102 | 102 | | 4.5or phrases that is designed to be appealing to individuals under 21 years of age or encourage |
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| 103 | 103 | | 4.6consumption by individuals under 21 years of age; |
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| 104 | 104 | | 4.7 (6) (7) contains an image of alcohol or a person or persons consuming alcohol; and |
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| 105 | 105 | | 4.8 (7) (8) does not contain a warning as specified by the office regarding impairment and |
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| 106 | 106 | | 4.9health risks. |
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| 107 | 107 | | 4Sec. 3. |
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| 108 | 108 | | REVISOR BD/NS 25-0144612/13/24 |
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