Is Delta 8 Legal In Minnesota? Is Delta 9 Legal in Minnesota? Is Delta 10 Legal in Minnesota?

Right here in Minnesota, you can walk into a public business and find gummy bears, edibles, vapes, tinctures, joints, blunts and more and all designed to get you high. And here is the point, they are all legal. How you say? Simple, hemp and the magic of chemistry. While It really started with Congress, it resulted in hemp byproducts including Delta-8 and Delta-10, not to be confused with Delta-9, all available for sale and legal. For more, contact Controlled Substance Lawyers at Jack Rice Defense for a free confidential consultation.

The Basics

Let’s start with some basic facts. Marijuana and hemp are essentially the same plant. The only real difference is that marijuana has a higher level of something called Delta-9 THC which is an intoxicant. Hemp byproducts may still have THC but those numbers are substantially lower, typically less than 0.3% 

“Of course Delta-8 and Delta-10 were created because of a loophole.”

Back in 2018,  Congress passed the Farm Bill which legalized more intensive hemp farming and distribution of hemp products and byproducts.  While Delta-9 was specifically excluded, other byproducts were not. This created a massive loophole and entrepreneurs jumped into the mix, including right here in St. Paul and Minneapolis. Hence, the development of other hemp byproducts that have intoxicating effects including what became known as Delta-8 and Delta-10.  

What are Delta-8,  Delta-9, Delta-10, Marijuana?

Delta-8

Delta-8 is a compound that is extracted from hemp.  It is only slightly different chemically from Delta 9 THC, which is the main psychoactive ingredient in marijuana. By definition, it is supposed to have less than 0.3% THC and therefore doesn’t fall under the definition of marijuana. Some have called it “marijuana light.” Simply put, Delta-8 is currently legal in Minnesota (with some limitations, see below).

Delta-9

Delta-9 THC is the primary psychoactive drug found in Marijuana. While it is found in hemp as well, marijuana has it in substantially higher amounts. While there is an exception for it is possible to legally possess medicinal marijuana with a prescription, it is currently illegal to possess marijuana. And yet, the Minnesota Governor recently suggested he would support legalization for recreational use. 

Delta-10

Delta-10, like Delta-8, is a compound that is also extracted from hemp.  It is also slightly different chemically from Delta 9 THC found in marijuana. Delta-10 has almost no Delta-9 THC, less than 0.3% THC and therefore isn’t considered marijuana either. Like, Delta-8, Delta-10 is legal because it is derived as a byproduct from hemp and has less than 0.3% Delta-9 THC. Again, it is currently legal in Minnesota (again with some limitations).

Marijuana

While there has been a changing view among politicians, the police and the general populace regarding marijuana, it is still generally illegal to possess, grow or distribute here in Minnesota. While there are limitations to that statement, unless you fall within a very specifically defined exception, these are all illegal and you could face criminal consequences including various serious Minnesota felony drug charges.

If Delta-8 and Delta-10 are Legal, is there Anything to Worry About in Minnesota?

The short answer is yes. There are a lot of problems in Minnesota because there is still a lot of confusion in the public and with law enforcement. These distinctions are new and technology has not really kept up with the times. Problems include law enforcement not being able to tell these products apart, the possibility that you might not know what you have and even other requirements that could exclude even legal products from use.  

Law Enforcement Can’t Tell the Difference

THC can be found in Delta-8 and Delta-10 but in such low numbers that they are both legal.  The problem is that technology hasn’t kept up.  Cops will use a simple NIK or field test and those may come back with a positive reading for THC without distinctions between Delta this or Delta that. However, when an officer sees THC, they frequently go myopic and won’t look beyond the three letters. Go Directly to jail, Do not pass Go, Do not Collect $200 and then let the Judge sort it out.  So, in other words, you could be in the right and you still go to jail until it gets figured it and that could include arrest, initial appearances, bail, omnibus appearances and more. This is one of the frustrations of both Delta-8 and Delta-10 here in Minnesota. 

Another concern is that Delta-8 and Delta-10 may create a “thin end of the wedge” for the police. They could smell or believe that they have marijuana even if it isn’t and this could open the door to a more expansive search. Once the police travel down this path, this could open you up to anything and everything else that they may find. 

Lack of Quality Control

Sourcing is everything. The reason Delta-8 and Delta-10 are legal is because they are derived from hemp and because THC level is less than 0.3%.  What happens if production was sloppy? What happens if they were wrong?  Didn’t care? Who do you think may pay the price for that? Because this area is so new, there is little oversight and little industry quality control. The law frequently looks at possession of what you have rather than what you think you have. What if you’re wrong? Contact Jack Rice Defense for a free consultation.

No Use Provisions and Drug Testing

Another confusing aspects of Delta-8 and Delta-10 is the loophole which allowed their creation and legality in the first place. And yet, if you have a job that requires drug testing, legal ingestion of Delta-8 and Delta-10 in Minnesota could result in a positive test. Try explaining those distinctions to your employer. Further, if you have to drug test because you are on conditional release or are on probation and have a no use provision, you could face the exact same problem.  Remember, even low level of THC that fall within the loophole could violate drug testing and no use provisions requirements.  

“The law frequently looks at possession of what you have rather than what you think you have. What if you’re wrong?”

Jack Rice Defense knows how to handle controlled substances violations. Here are a couple of tips:

• When you buy legal Delta-8 and Delta-10 products in Minnesota, keep the packaging;

• If the police find a legal product, let them know it is a legal form of hemp;

• If you get stopped by the police don’t consent to a search and call Jack Rice Defense; 

• If they search anyway without a warrant, cooperate and call Jack Rice Defense; and

• If they have a search warrant, cooperate and call Jack Rice Defense.  

St. Paul based Drug Lawyer Jack Rice has been representing clients charged with drug possession, manufacturing and distributions in St. Paul for decades and has an award winning track record.  Don’t just put your representation into anybody’s hands.  Go with the best. Controlled Substances Crimes lawyer Jack Rice is a Board Certified Criminal Law Specialist and has an award winning track record. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.