Hemp in Food FAQs

While there is no legal definition of "cannabinoid" in federal or state law, for the purposes of this document, cannabinoid refers to any of the phytocannabinoids produced by the hemp plant. "Phyto" means that the cannabinoid is naturally occurring in the plant (versus synthetic cannabinoids). Phytocannabinoids can be extracted from plant tissues and formulated into products if they meet the criteria specified in Minnesota Statute. Common cannabinoids include tetrahydrocannabinol (THC), cannabidiol (CBD), cannabigerol (CBG), and cannabinol (CBN); however, there are over 100 cannabinoids produced by the cannabis plant.

The Minnesota Department of Agriculture Hemp Program licenses and regulates the processing of raw hemp material. The program does not regulate cannabis extracts, development and manufacturing of cannabis extracts, or the retail and marketing of cannabinoid products. 

The Minnesota Office of Cannabis Management regulates the sale of hemp extracts and cannabinoid products for human consumption in Minnesota. This includes edible cannabinoid products which are intended to be eaten or consumed as a beverage by humans, contain a cannabinoid in combination with food ingredients, and are not drugs. More information can be found in the Hemp-Derived Edible Cannabinoid Products Guidance for Food Operators Factsheet, the Hemp-Derived Product Compliance Factsheet, and in Minnesota Statute Sale of Certain Cannabinoid Products.

“Food” includes all products that are intended for consumption or used as an ingredient in a product intended for consumption. This includes candy, chewing gum, dietary supplements, and beverages, including alcoholic beverages (e.g., wine, beer, distilled spirits).

Further detail on the definition of “food” in Minnesota can be found in Minnesota Statute and Minnesota Administrative Rule.

Medications, like over-the-counter drugs or prescription drugs, are not considered food. Edible cannabinoid products, which are intended to be eaten or consumed as a beverage and contain a cannabinoid in combination with food ingredients, are also excluded from the definition of food. Further detail on edible cannabinoid products can be found on the Minnesota Office of Cannabis Management website.

Currently, three hemp products are designated as Generally Recognized as Safe (GRAS) – they are (1) hulled hemp seeds, (2) hemp seed protein powder, and (3) hemp seed oil. These three products, which are all from the seed of the hemp plant, contain only trace amounts of extracts like THC and CBD and have been evaluated by the FDA. These three products can be sold as food or added as ingredients to foods and sold in Minnesota.

Hemp ingredients that come from hemp plant parts other than the seeds are not allowed as food ingredients. This includes the flower of the hemp plant. These non-seed ingredients are not allowed regardless of whether they are added to the food item by a manufacturer, retailer, or by the consumer. Non-allowable food ingredients may be labeled or named as THC, hemp extract, full spectrum CBD oil, PCR extracts, or CBD oil.

Edible cannabinoid products, which contain cannabinoids in combination with food ingredients, are excluded from the definition of food. Further detail on edible cannabinoid products can be found on the Minnesota Office of Cannabis Management website.

FDA is responsible for evaluating products to determine if they are safe for human consumption. At this time, FDA has stated that cannabinoids are not acceptable food additives. Since Minnesota adopts federal regulations and associated statements and guidance documents regarding wholesale food production and distribution, the federal regulations apply in Minnesota as well. Minnesota retailers must comply with the Minnesota Food Code, which is also based on federal regulations. Minnesota Administrative Rule “Food Additives” states that food must not contain unapproved food additives, substances, or additives that exceed amounts specified in the Code of Federal Regulations.

Yes, a food handling license is required for the manufacture, distribution, and/or sale of any food in Minnesota, unless a specific exemption or exclusion applies. This includes the sale of approved hemp foods. Further detail on food licensing can be found on the MDA Food Licenses page. 

Since edible cannabinoid products are not food by definition in Minnesota Statutes, a food handling license is not required and the MDA is not the regulatory authority. The Minnesota Office of Cannabis Management regulates the sale of hemp extracts and cannabinoid products in Minnesota. Further detail on edible cannabinoid products can be found on the Minnesota Office of Cannabis Management website.

Yes, a licensed food business can make or sell edible cannabinoid products as long as food products are protected from potential contamination or confusion. There is no prohibition for making or selling edible cannabinoid products in a licensed food facility. Ensuring good sanitary practices, separation, and identification between food and edible cannabinoid products will be necessary when using common facilities or equipment.

Further details on sanitary facilities and safe food handling practices can be found on the MDA Food Safety page and the Minnesota Department of Health Food Business Fact Sheets page. Further detail on edible cannabinoid products can be found on the Minnesota Office of Cannabis Management website.

If the MDA identifies the addition of unapproved hemp extracts to food, our staff will work with the business owner or operator to clarify what is and what is not allowed in food in Minnesota to ensure no adulterated foods are being produced or sold.

If the MDA identifies issues with edible cannabinoid products, a referral will be made to the Minnesota Office of Cannabis Management.

Specific actions will be determined based on risk to consumers.

·       More information about the sale of cannabis extracts in Minnesota can be found on the Minnesota Office of Cannabis Management website and in Minnesota Statute Sale of Certain Cannabinoid Products.

·       More information about the MDA Hemp Program can be found on their website’s FAQ page.

·       More information about medical marijuana or medical cannabis can be found on the Office of Cannabis Management - Division of Medical Cannabis website.

·       More information about FDA research into cannabinoids can be found on their site “What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis-derived Compounds, Including CBD.”