By Peter Callaghan, MinnPost
Originally published by MinnPost.
This week, regulators, local government associations and law enforcement will meet to discuss a loophole in the new recreational marijuana laws of the state that allows the sale of raw high-potency cannabis flower without regulation.
The Office of Cannabis Management, in conjunction with hemp regulators from the Department of Health of the State, will convene a meeting on January 11, to discuss how to best respond to the possible sale of marijuana at some hemp stores that are registered.
The meeting was held more than a week after the report stated that the new May law did not include raw marijuana flower in the products regulated by Office of Medical Cannabis. The state Department of Health has tasked the agency with monitoring the sale of edibles and beverages made from hemp until a permanent Office of Cannabis Management can be established.
The problem is in the way the law defines the products that the Medical Cannabis Office regulates. It has determined that because it only has jurisdiction over products derived from, not raw hemp flower, it does not have any jurisdiction over raw flower.
Some hemp retailers are selling raw hemp flower, but it contains a high concentration of THC. This compound, when vaped or smoked, produces a similar high to marijuana. Some people are unsure if such products should be legal, as they may test as hemp if they contain less THC than 0.3 per cent–the federal line that separates hemp from marijuana. Minnesota, however, is considered a state with “total THC”, as it measures all THC compounds.
The inspectors working for the Medical Cannabis Office do not seem to have any authority over the raw flower. They are therefore not testing or confiscating it to determine if the concentration level is too high.
Chris Tholkes said during the podcast WeedWonks, “We see lots of hemp flowers–doing quotes–out there in the market and we do not have the regulatory authority for that flower.” This interpretation is still in place at the agency, even though Tholkes has left to take a position with the Minneapolis Department of Health.
A spokesman from the agency said via email that “State Law is clear that illegal marijuana sales are criminal offenses and that local law enforcement has enforcement responsibility.” The Office of Medical Cannabis is continuing to answer questions from law enforcement agencies about these issues. It’s also developing a strategy to reach out to law enforcement.
Legally and legally, the new Office of Cannabis Management (which will be responsible for all cannabis regulations in 2025) has permission to pursue illegal sales. It could confiscate and test cannabis, as well as impose civil penalties. Its leadership does not take action because the organization is not set up for this.
Charlene Briner wrote in response to questions regarding the authority gap, “The legislature deliberated in giving temporary regulation authority for hemp-derived products containing cannabinoids to the Department of Health Office of Medical Cannabis during this transitional period to anticipate the time needed to build a brand new agency.” Briner helps implement the new law while officials are working to hire a Director for the Office of Cannabis Management.
She wrote: “The Office of Medical Cannabis is continuing to build out its field review operation and is working with the Office of Cannabis Management in order to harmonize the regulation of cannabis products, with an end goal of eventually integrating our operations under a single regulatory umbrella.”
Briner, like the Office of Medical Cannabis pointed out the police.
Briner wrote: “The law also makes it clear that the sale of cannabis-derived products, such as smokable flower and other cannabis-derived products, is not legal until an adult cannabis license has been issued and that local law enforcers retain authority over illegal activities.” “OCM and OMC have committed to working with the law enforcement community to better understand this complex, changing landscape.”
Jeff Potts, executive director of Minnesota Chiefs of Police Association is a police chief. He hopes for clarity about the role of local agencies and state. In 2022, when the state legalized edibles and drinks made from hemp, the police reported any apparent violations to state Board of Pharmacy. This board was then given the regulatory authority over the new industry. The new recreational marijuana laws transferred this authority — first, to the Office of Medical Cannabis in 2025 and then to Office of Cannabis Management.
Potts stated that “Law enforcement agencies look to the Office of Cannabis Management for a solution to this problem.” Hemp retailers are asking the state regulators and local police to intervene in cases where retailers are breaking the law.
Potts explained that the Office of Cannabis Management was not prepared to handle this situation, so they are trying to get law enforcement involved. Potts said, “But the problem is that it’s technical. There aren’t many resources available to test products and it’s very difficult for law enforcement to seize a product to conduct testing.
Potts stated that “we’re in a weird in-between period where no one is able to lead, provide adequate resources, testing, and all of the other things that go into ensuring that these products are secure.” I’m hoping that the meeting with OCM will produce some interim guidance.
The new law envisages two types: civil actions by regulatory agencies, and criminal charges brought by law enforcement. The latter will most likely be reserved for large-scale operations which are illegally growing or importing marijuana outside of state boundaries.
Housefile 100 emphasized the need to move from a criminal justice system to a civil one when it came to cannabis regulation. It also called for administrative citations to replace criminal charges. One of the supporters of the change said that the state’s solution to the raw-flower regulatory gap was to call the police. This is “antithetical to the philosophy” of legalization.
Leili Fatehi is the campaign manager of MN is Ready, and a partner at a cannabis consulting firm. It’s not helpful to have cops at the store, especially in a situation where there is no agency guidance so that retailers know what products they can or cannot sell.
Retailers are left wondering why the state regulates their sales so tightly while allowing seemingly illegal sales to continue, sometimes on the same block. David Mendolia is the owner of a Hemp Retail Store located on Snelling Avenue North, St. Paul. He claimed that neither the police nor state responded to his reports about apparent illegal sales. Mendolia received a response from an Office of Medical Marijuana Inspector that stated the state did not have jurisdiction over flower. The inspector also said he would not refer the matter to St. Paul Police because “…I wouldn’t be surprised if the police wanted to pursue the issue.”
Mendolia expressed his frustration with regulators, who “come in and pick on us for minor labeling violations and then are powerless to do anything about criminal sales of marijuana.”
He said: “I felt so bad for trying to follow rules, and then having them say that they couldn’t stop shops from selling what everyone knows is marijuana.”
Mendolia says he is aware that other shops sell illegal products, because his customers are asking him to provide the same products or similar ones–that’s raw flower which can be vaped or smoked for a high. Although some people smoke hemp flowers to deliver CBD, this is not the most common method of delivery. Mendolia believes that most of the raw hemp flower sold is marijuana.
He said that some customers have suggested that he’s not smart enough to find a way to get around state laws the way other shops do.
He said, “I don’t feel stupid because I follow what I know should be the rules.” “But I am losing money at the end.” You hope that some kind of judicial Karma will come along and take action. It hasn’t been done.”
Some sellers claim to sell hemp flowers that contain high levels of THC-a. Some raw flower can contain 0.3% or less of THC Delta-9 but have higher THC-a concentrations that when heated through smoking or vaping <a href="https://greenunicornfarms.com/blog/what-is-thca/#:~:text=THCA%20flower%20is%20a%20new,.3%25%20of%20dry%20weight." Does it produce an intoxicating effects? Is it legal to use?
Carol Moss , a lawyer at Hellmuth & Johnson wrote: “While misinformation is not uncommon in Minnesota when it comes cannabinoids or the hemp law there, many people incorrectly believe that THCa flowers are legal.” Selling flower containing THCa, on the other hand, is against Minnesota law. This puts both the retailer and customer at risk of being charged with selling or possessing controlled substances.
Moss wrote: “As per July 1, 2022, hemp products may not contain more than 0.3% THC of any type. These products may have been compliant prior to the July 2022 changes in law but are definitely not compliant with Minnesota law.
Mendolia said: “Call it what it really is.” It’s pot.”
Once the 2024 session convenes, a legislative fix to add raw flower into the Office of Medical Cannabis’ regulatory jurisdiction may be possible. Lindsey Port (DFL-Burnsville), the primary Senate sponsor for HF 100, stated in December that there was “room for clarification” but did not provide an update.
Rep. Zack Stephenson of Coon Rapids, a DFLer, who sponsored the bill at the House, stated that he is “open to conversation”.
Stephenson: “I’m sure we will be discussing a variety of changes in the spring.”
Others in the new field of cannabis law believe that the recreational marijuana law of the state gives the Office of Cannabis Management the right to act immediately against illegal sales. The agency does not have to wait for rules to be written or licenses to be issued before it can intervene. Nothing in the law limits police’s legal authority to take action against illegal sales.
“The office is in full control because this section became effective last August,” said JT Schweiler. He has a multistate cannabis law practice with Fox Rothschild based out of Minneapolis. “They can impose civil penalties on anyone who sells cannabis flowers. It could be a dealer. Someone in a store could be the culprit. “Someone in a hemp retailer is selling cannabis flower, not hemp.
Schuweiler stated that the staffing question is distinct from the legal authority issue.
“It doesn’t seem logical for OCM to claim that we have no authority until all are licensed. “Then why would anyone want a license?” asked he. “If you’re selling cannabis flowers, you will be subject to civil penalties.”
He said that he’s not surprised by the fact that some sellers go beyond the limits of the law.
Schuweiler stated that this has been true since hemp-derived edibles were introduced. People who are trying to run legitimately feel the impact of this issue more than anyone. One of the criteria for licensing includes: “Never had a previous license issued under this Chapter revoked.”
Does a registration pursuant to the temporary hemp regulations qualify as a licence under this provision. Schuweiler believes it would.
He said: “You won’t be able compete for licenses, if you continue to get fines after fines after fines.”
The Office of Medical Cannabis as well as the Office of Cannabis Management are in flux. The Department of Health appointed Alex Hooper to be the interim director after Tholkes resigned in December. Briner is still the interim director of Office of Cannabis Management , after a failed attempt to hire a permanent manager there. However, the new agency has filled a number of key positions including Max Zappia, as Implementation Chief Regulation Officer.
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Photo by WeedPornDaily.
The post Minnesota Police And Regulators To Meet To Address “Loophole” Allowing Sale Of Raw “Hemp” Flower That Could Be Marijuana first appeared on Marijuana Moment.
