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Enforcement Notice 1 <br /> <br />Enforcement Notice from the Office of Cannabis <br />Management <br />Dear Registered Hemp Derived Cannabinoid Business: <br />The Office of Cannabis Management (OCM), established in 2023, is charged with developing and implementing <br />the operational and regulatory systems to oversee the cannabis industry in Minnesota as provided in Minnesota <br />Statutes Chapter 342. <br />When Minnesota legalized the sale of adult-use of cannabis flower, cannabis products, and lower-potency hemp <br />edibles/ hemp-derived consumer products, the Minnesota Legislature included statutory provisions, Minnesota <br />Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM. The Office of <br />Cannabis Management has not yet issued licenses for the cultivation, manufacture, wholesale, transportation or <br />retail sale of cannabis, therefore any retail sales of cannabis products, including cannabis flower, are illegal. <br />The Office of Cannabis Management has received complaints of retailers selling cannabis flower under the label <br />of hemp flower. Under an agreement between The Minnesota Department of Health (MDH) and OCM, <br />inspectors from MDH will begin to examine any flower products being sold during their regular inspections to <br />determine whether they are indeed hemp flower or cannabis flower. <br />In distinguishing between hemp and cannabis flower, OCM, consistent with federal rules and regulations related <br />to hemp under 7 CFR 990.1, will consider the total concentration of THC post- decarboxylation, which is the <br />process by which THC-A is converted into Delta-9 to produce an intoxicating effect. The examination of raw <br />flower products will include reviewing the certificate of analysis for compliance in several areas, including: <br />Compliance with the requirement that raw flower listed for sale includes a Certificate of Analysis (COA). <br />Products for sale without a COA will constitute an illegal sale. <br />A COA that affirms concentrations of 0.3% or less of Delta-9 on a dry weight basis. Products exceeding 0.3% <br />Delta-9 dry weight are considered marijuana and are therefore illegal to sell. <br />A COA that confirms that the total levels of Delta-9 and THC-A after the decarboxylation process do not exceed <br />0.3%. A COA that indicates the raw flower will exceed 0.3 percent Delta-9 post-decarboxylation, or a subsequent <br />test conducted by an independent laboratory utilized by OCM that confirms Delta-9 in excess of 0.3 percent will <br />be considered illegal. <br />Minnesota Statutes, Chapter 342 governs Minnesota’s cannabis market, and empowers OCM to ensure <br />regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis <br />flower and cannabis products “without a license issued under this chapter that authorizes the sale.”