Since Minnesota began cracking down on the illegal sale of raw cannabis flower in many registered hemp retailers, its agents have confiscated a lot of product worth a fair amount of money.
According to numbers released by the Office of Cannabis Management (OCM), inspectors have confiscated and destroyed 12,094 units of flower—such as bags, jars or pre-rolled joints—with an estimated retail value of $278,000. The illegal products were taken from 58 different retail locations and amounted to nearly 73 pounds of raw cannabis flower.
While it has been legal to possess and use cannabis in Minnesota since last August, it is not yet legal to sell it and won’t be until sometime next spring. And while many hemp-derived low-potency products like gummies and beverages have been legal to sell since the summer of 2022, raw cannabis flower falls into a gray area. That is, if it has low THC content, it could be legal. But most of what has been sold exceeds the potency levels that separates hemp from marijuana.
If the confiscated products have likely been illegal under both the 2022 hemp-derived products law and the 2023 recreational cannabis law, why did it take this long for the state to crack down? Blame an inadvertent gap in the 2023 law that attempted to provide temporary state regulation of hemp products while the new Office of Cannabis Management was being set up.
The Office of Medical Cannabis was given temporary say over the two-year-old hemp-derived market but was not given control over raw flower, only products made from the plant like gummies and drinks.
That gap identified by regulators late last year allowed some stores to sell the flower that looks, smells and intoxicates like marijuana. At the same time, other retailers who wanted to follow the new law were left at a competitive disadvantage.
The raw flower was often sold as a hemp plant with high concentrations of THCA (tetrahydrocannabinolic acid). The same products are offered for sale from out-of-state businesses and mailed to customers where cannabis is not legal, or not yet legal as in Minnesota.
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