SF3591

Purpose

• The bill aims to regulate cannabis and hemp products by setting explicit THC potency limits, defining product categories, and requiring warning notes and labeling at retail. It also introduces strict rules to prevent products from appealing to or being mistaken for items used by children, and to ensure consumer information and safety.

Main provisions and goals

• Potency limits and product categories
  • The Office approves product categories, including cannabis flower, cannabis concentrates, topical or transdermal cannabis products, and hemp-derived products for retail sale.
  • Total THC limits:
  • Cannabis flower for the adult-use market: no more than 15% total THC.
  • Cannabis concentrates (liquid or solid) for the adult-use market: no more than 30% total THC.
  • Topical or transdermal cannabis products and hemp-derived products: no more than 500 milligrams of total THC per package.
  • “Total THC” is defined as the sum of the percentage by weight of THCA times 0.877 plus the percentage by weight of all THC.
• Prohibited or restricted product formulations
  • The Department must not approve:
  • Cannabis flower or prerolls infused with additional THC or other psychoactive cannabinoids.
  • Restrictions include disallowing certain types of hemp edibles or cannabis products that are designed to look and behave like items appealing to children (for example, lollipops, ice cream, pastries, candies, or products bearing likenesses of real or fictional people, animals, or fruits; products that resemble meat or dairy products; or products containing synthetic cannabinoids).
  • Products that are marketed as lower-potency hemp edibles or hemp-derived consumer products and that mimic child-oriented foods or resemble certain branding are generally disallowed.
  • If a product is an edible cannabis product or a lower-potency hemp edible, it cannot include certain ingredients not approved by the FDA for use in food.
• Warning and labeling requirements
  • Retail notices: Cannabis businesses must post notices at each location with information about product recalls, that driving under the influence is illegal, and that products are intended for adults 21+, among other required statements.
  • Warning statements accompany the notices, including risks to heart and lung health from smoking, risk of psychotic symptoms (especially for younger users or high-THC products), potential for delayed effects from edibles, and risks of higher adverse effects with higher THC.
• Labeling requirements (cannabis and hemp products)
  • Labels must include:
  • Name and license number of the cultivating grower and the producing business or farm involved in the product.
  • Net weight, batch number, and cannabinoid profile.
  • A universal symbol indicating cannabis/hemp content.
  • Verification that the product was tested and complies with applicable standards.
  • Information on how to use the product and the required warnings (including age-related, brain development, mental health, pregnancy, driving, and other warnings).
  • Specific details for cannabinoid products (including hemp-derived products and medical cannabinoid products) include:
  • Names and license numbers of involved businesses (cultivator, manufacturer, and other relevant entities).
  • Net weight, product type, serving size, cannabinoid profile per serving and total, and a list of ingredients.
  • A universal symbol and a mandatory warning symbol with a defined size, color, and a visual stop element, plus the Minnesota Poison Control System phone number.
  • Testing verification and usage information.
• Compliance and enforcement
  • The Office is responsible for establishing and enforcing these labeling and potency requirements, including testing standards and verification.

Significant changes to existing law

• Introduction of explicit THC potency caps for different product types in the adult-use market (15% total THC for flower, 30% for concentrates, and 500 mg total THC per package for topicals/hemp-derived products).
• New restrictions on product formulations and appearance to reduce appeal to children (prohibiting certain infused or flavored products, and banning products that resemble child-friendly foods or that imitate meat/dairy or famous characters).
• Comprehensive, standardized labeling and warning requirements for all cannabis and hemp products, including mandatory testing verification, batch numbers, cannabinoid profiles, and warnings about brain development, mental health, pregnancy, and driving.
• Mandatory retail notices at each location and a detailed warning scheme with specific symbol size and design requirements to improve consumer awareness and safety.

Relevant terms

• Total THC, THCA, cannabinoids, cannabis flower, cannabis concentrate, topical cannabis, transdermal cannabis, hemp-derived products, adult-use market, 21+, preroll, universal symbol, labeling, batch number, cannabinoid profile, testing verification, section 342.61, section 342.63, warning symbol, Minnesota Poison Control System, product recall, lollipop, ice cream, synthetic cannabinoid, lower-potency hemp edible, hemp concentrate, serving size, per-serving cannabinoid profile, per-package THC limit.