During a meeting last week with the Minnesota Cannabis Association, members of the state Department of Agriculture and the Board of Pharmacy indicated that most hemp-derived products were intended for human consumption. – either CBD or Delta-8 THC – violate state law.
Steven Brown, a member of the board of the Minnesota Cannabis Association, said that during the meeting, state officials declared that hemp-derived tinctures “are illegal” and a representative of the Department of Agriculture in the call added that “some of the products” that Brown raised in the call “would not be.” be legal food ”according to the statutory definition of hemp.
According to the Minnesota Cannabis Association in a press release, the Pharmacy Council only considers hemp seed oil and CBD flower legal. The defense organization points to a 22-page document from the 901st meeting of the Pharmacy Council describing the agency’s position, based on hemp reforms included in the 2018 update of the Agricultural Law Act In this paper, the board argues that the Food & Drug Administration (FDA) has not approved any of the common cannabinoid products. – like jelly beans – then they cannot be legal. In addition, the Pharmacy Board notes a December 18, 2020 statement from former FDA Commissioner Scott Gottlieb:
“In addition, it is illegal according to the [Food Drug &Cosmetic Act] introduce foods containing CBD or THC added to interstate commerce, or market CBD or THC products as dietary supplements, regardless of whether the substances are derived from hemp. This is because both CBD and THC are active ingredients in FDA-approved drugs and have undergone substantial clinical research before being marketed as food or dietary supplements. “
The Board of Pharmacy, during this meeting, finally determined that “the sale of products containing cannabinoids or [THC], extracted or derived indirectly from any type of cannabis plant, is still illegal under Minnesota federal and state law, with certain exceptions. These exceptions are FDA-approved medications such as Epidiolex.
Brown, who owns a hemp retail store in Minnesota, said the association disagrees with the Pharmacy Council’s interpretation. – and also depend on federal guidelines.
“Eighty-five percent of the products on the shelves will have to be removed,” Brown said in a statement. “It affects a lot of companies. So many families. Our business will probably have to close in Minnesota if we don’t turn it around.”
In October, the state Court of Appeals ruled that the legal definition of hemp only applies to leafy plant material and that “by law” the 0.3% threshold, which delimits the legal cannabis illegal cannabis. – “does not apply to liquid mixture” containing THC. This decision was made in the case of a person arrested for possession of CBD-rich vaporization cartridges containing less than 0.3% THC.
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