Democrats in the Minnesota House stayed quiet about their bill to legalize edibles containing certain amounts of THC — the cannabis ingredient that gets people high — to give it a better chance of passing the Republican-controlled Senate, House Majority Leader Ryan Winkler said Tuesday.
The strategy paid off — the bill was approved by the Legislature, signed by Gov. Tim Walz and became law Friday. Minnesotans 21 or older can now buy edibles and beverages that contain no more than 5 milligrams of THC per serving and 50 milligrams per package.
"Drawing attention to this change in the regulatory structure I don't think would have helped the bill pass," said Winkler, DFL-Golden Valley, during a Tuesday news conference at Indeed Brewing Co. in Minneapolis. "It was done publicly. We just didn't promote it because sometimes having more public attention amps up the level of political pressure that certain people in the other party may feel."
The THC-infused products must be derived from legally certified hemp — which contains trace amounts of the psychoactive compound — rather than marijuana, which remains illegal in Minnesota. But THC has the same effect, no matter the source.
The new law caught some state regulators and lawmakers by surprise. The leader of the Minnesota Board of Pharmacy, the agency that will regulate the new cannabis products, told the Star Tribune the allowance of edibles containing 5 milligrams of THC per serving wasn't done at the board's request. But the board didn't object either, as it also places restrictions on certain previously unregulated cannabis products that were sold in high doses.
Republican Sens. Jim Abeler and Michelle Benson, who helped assemble the large health and human services bill that included the THC edible provision, expressed confusion about the new law last week. Abeler, of Anoka, said in an interview he did not realize the law would legalize edibles containing any THC, and he called for the Legislature to consider rolling it back.
Benson, of Ham Lake, refused to answer questions about whether she understood the law's full impact. "Do you think we made gummies legal? One of the papers had a story that said gummies were legal. Obviously someone isn't reading the law," Benson said.
Edibles, including gummies, that contain up to 5 milligrams of THC per serving are legal under the new law. The gummies can't look like cartoon characters or animals, or be modeled after product brands that are primarily consumed by children, according to the law. THC products must be clearly labeled, sold only to those 21 or older and be in child-proof and tamper-evident packages.