Minnesota health department warns of illegal high-dose edibles
Nearly 40% of the THC edible retailers inspected by the state since August had illegal high-dose products for sale, per the Minnesota Department of Health.
Why it matters: The findings, which MDH said were part of a targeted effort to "remove high-risk products," underscore the challenge regulators face to rein in what's been called a "Wild West" of hemp-derived edible sales.
Threat level: Some goods spotted by regulators contained hundreds of milligrams of THC per serving — well above the state's 5mg limit.
- State health officials warn that consuming such products can lead to adverse health effects, including unresponsiveness, seizures, or psychotic episodes.
Context: A 2022 law quietly legalized food and beverages containing 5mg or less of hemp-derived THC, but it lacked ample resources for oversight and enforcement.
- Lawmakers tried to fix that this year by moving enforcement from the Board of Pharmacy to MDH's Office of Medical Cannabis and adding additional rules and registration requirements.
What's happening: The Office of Medical Cannabis, which is tasked for now with regulating the edibles market, added its first full-time inspector in August, more than a year after lawmakers legalized them.
- It now has five inspectors in the field, with a sixth scheduled to start in January, a spokesperson said. Inspectors had visited 167 establishments as of last week.
- Businesses that sell illegal products, or fail to register with the state, can face fines of up to $10,000 per incident.
But, but, but: No fines have been issued to date.
- MDH spokesperson Garry Bowman said the agency is currently "working to educate retailers about these illegal products, which are being destroyed or embargoed when found."
Be smart: The inspections are only reaching a tiny sample of low-dose THC retailers.
- Since the end of the summer, at least 3,000 establishments have registered to sell the products, but most industry experts think that figure vastly underestimates the market.
What we're hearing: Leili Fatehi, a legal cannabis advocate who helped craft the new law, said the top-line numbers from MDH aren't surprising, but she'd like to know more about what kind of businesses were inspected and why.
- "A lot of the local cannabis businesses themselves are concerned about it," Fatehi, who now runs cannabis consulting firm Blunt Strategies, said of retailers selling non-compliant products.
Between the lines: Fatehi, who has herself seen such products on the shelves, said while some may knowingly be selling high-dose edibles from out-of-state to "make a quick buck," more outreach is needed to make sure those with good intentions know the rules.
- Educating retailers and distributors about what's legal — and taking action against those breaking the law — is crucial for both consumer safety and the "overall integrity of the industry," she said.
What we're watching: Beyond ramping up training, Fatehi said that a top priority should be closing a loophole that's allowing hemp retailers to sell "raw flower" without regulatory oversight more than a year before legal marijuana sales begin.
- "Somebody needs to figure out enforcement."
- "It fundamentally undermines the entire purpose of having a regulated adult use market."
What's next: Licenses and regulation for low-dose THC producers and sellers will eventually be handled by the state's new Office of Cannabis Management, which is still looking for a leader.
- The state also needs a new medical cannabis director following the departure of veteran regulator Chris Tholkes.
The bottom line: MDH urges consumers to check labels before they buy or consume THC products.
- Complaints about items that exceed state limits can be filed online.
