Minnesota Judge Overturns Ban on Mailing Hemp Products
- An administrative law judge in Minnesota overturned a ban on shipping hemp products directly to consumers, which was implemented by the state Office of Cannabis Management (OCM) last October.
- Judge Kristien Butler ruled that state law does not specify shipping methods and that the OCM cannot enforce a rule not established by the legislature.
- Low-dose THC edibles and beverages have been legal in Minnesota since 2022, supporting ongoing hemp product sales.
- The OCM expressed disappointment with the ruling but emphasized that retailers must still verify customer age and ensure buyers are not visibly intoxicated.
An administrative law judge in Minnesota ruled on Thursday that hemp product retailers can ship their products directly to consumers, overturning a ban implemented last October by the state Office of Cannabis Management (OCM), the Star Tribune reports.
Judge Kristien Butler wrote in the ruling that state law “remains silent on the modes of shipping or delivery,” and that “Language may not be added to a statute that the Legislature did not supply itself.”
“Consequently, the Office must cease enforcement of the unpromulgated and invalid rule,” Butler wrote.
Low-dose THC edibles and beverages have been legal in Minnesota since 2022.
“The judge’s ruling is a firm rejection of agency overreach. It’s an affirmation that Minnesota hemp businesses can continue to operate as they have been, shipping regulated hemp products to customers across the state.” — Leili Fatehi, Crested River Cannabis Co. owner, via the Tribune
The OCM stated it was “disappointed” by the order, according to the report, and noted that hemp product retailers are still required to verify their customers’ ages and ensure they are not visibly intoxicated before selling to them.