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Minnesota Gun Owners Caucus

The trusted voice of Minnesota's Gun Owners to Defend and Restore the Right to Keep and Bear Arms

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  • About
    • Activities & Results
    • Affiliates & Partners
    • Board of Directors
    • Careers
    • Contact
    • Leadership
    • Media Kit
    • Minnesota Gun Owners Support Fund
    • Minnesota Gun Rights
    • Political Action Committee
  • News
    • Press Releases
  • Elections
    • 2025 Special Election – SD6
    • 2024 General Election Grades & Endorsements
    • Grading & Endorsement Criteria
    • Legislative Scorecard
  • Events
  • Learn
    • Federal Laws
    • Minnesota Laws
    • Minnesota Gun Laws Quick Reference
    • Case Law
    • Frequently Asked Legal Questions
      • Carrying at the State Capitol Complex
      • Constitutional Carry (Permitless Carry)
      • Courthouse Carry
      • Edible Cannabis in MN and your Gun Rights
      • Forced Reset Triggers
      • Long Guns – Carrying
      • Long Guns – Transporting
      • Open Carry
      • Permit to Carry
      • Permit to Carry Reciprocity
      • Permit to Purchase
      • Privately Manufactured Firearms (PMFs)
      • Prohibited Persons
      • Prohibited Places
      • Short Barreled Rifles & Shotguns
      • State v Kyaw Be Bee Explainer (BB Gun in a Car)
      • Suppressors (Silencers)
    • Binary Trigger Ban
    • Red Flag Gun Confiscation Orders in Minnesota
    • Universal Background Checks in Minnesota
  • Programs
    • Legal Action
      • Plaintiff Search
      • MN Gun Owners Caucus v. Walz (Binary Trigger & Single Subject Clause)
      • Christopher v. Ramsey County et al. (State Fair Case)
      • Worth v. Jacobson (18-20 Permit to Carry Case)
      • New York State Rifle & Pistol Association v. Kevin P. Bruen (US Supreme Court)
      • Anoka Technical College Gun Ban (2019)
      • Ramsey County Elections Gun Ban (2015)
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Edible Cannabis in MN and your Gun Rights


In July 2022, a new Minnesota statute came into effect legalizing some edible cannabis products – raising many questions about the use of the newly legalized edible cannabis products and the impact on the Second Amendment rights of Minnesotans under state & federal law.

In short:  There is no impact on your Second Amendment rights under state & federal law if you choose to consume edible cannabis products that fall under Minnesota’s new law as of July 2022.

For more details, read on below.

Legal Overview

The short answer is: as long as the edibles are manufactured in a manner consistent with state and federal laws, there is no legal restriction on your right to possess a firearm by consuming edibles in Minnesota.

THC that is produced in this manner is NOT considered a “controlled substance” under state or federal law.

Relevant Federal Requirements

  • The THC must be naturally derived from hemp.
  • The THC cannot be synthetically produced.
  • The product cannot have a Delta-9 Tetrahydrocannabinol (THC) concentration of more than 0.3 percent.

Relevant Minnesota Requirements

  • May not contain more than 5 milligrams of THC per serving
  • May not contain more than 50 milligrams of THC per package
  • Cannot be sold to those under 21 years of age
  • Containers must be childproof
  • Cannot be marketed to children or shaped like candy
  • Only permits edibles, not inhalants
  • Must meet labeling and testing requirements set in MN 151.72

Since edible products legally sold and permitted in Minnesota contain less than .3% of delta-9 THC (that are naturally derived from hemp) they are NOT a controlled substance under federal law, they do not impact your right to bear arms.

Note on Intoxication

In Minnesota, you cannot operate a motor vehicle or carry a firearm if you are “intoxicated” by ANY substance “when introduced into the human body impairs the central nervous system or impairs the human audio, visual, or mental processes.” (MN 169A.03).

This is a subjective determination that can be made by law enforcement with no need for chemical testing.

We STRONGLY recommend that you do not carry a firearm or operate a motor vehicle while under the influence of any THC products.

Additional Information

Use of any “controlled substance” is a prohibiting factor for firearm possession at a federal level if the person is “is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act ” (18 U.S. Code § 922)

This section is not applicable to the recent law passed in Minnesota, because under federal law, “hemp” is NOT a “controlled substance” (21 U.S. Code § 802).  This was changed in 2018 as a part of the 2018 Agricultural Improvement Act (aka the 2018 Farm Bill), passed by the United States Congress and signed into law by then-President Trump. As an additional reference, here’s a letter from the DEA to the State of Alabama confirming this point.

“Hemp” is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” (7 U.S. Code § 1639o) 

If you have filled out a Form 4473 to purchase a firearm, you may have noticed that your compliance with this law is asked, along with a disclaimer about state legalization:

“The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”

As 21 U.S. Code § 802 establishes that “hemp” is NOT a “marijuana” or a “controlled substance”, the usage of hemp that meets the criteria of 7 U.S. Code § 1639o (as the Minnesota law does) is not a prohibiting factor from possessing or carrying a firearm.

Disclaimer

This information is posted for informational purposes and should not be construed as legal advice.

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MN GUN OWNERS CAUCUS
+1.612.424.4032

PO Box 131718
Saint Paul, MN 55113
USA


contact@gunowners.mn

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The Minnesota Gun Owners Caucus is a Minnesota non-profit organization, recognized by the IRS as a 501c4 non-profit.


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