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MDH to crack down on 'high-risk' THC edibles

Inspections of 200 retailers found nearly 40% selling products with much higher THC content than allowed by state law.

MINNEAPOLIS — The Minnesota Department of Health is warning the public about hemp-derived THC products available for sale across the state, after finding many retailers selling products that contain THC levels that far exceed state regulations.

"We are pretty concerned about these high THC products that appeal to children," said Chris Elvrum, assistant director for the MDH Office of Medical Cannabis.

The Minnesota Department of Health began visiting retailers in August to check for compliance but just recently added more inspectors.

State law limits the sale of hemp-derived products to no more than 5mg of THC per serving. That equates to a maximum of 50mg per package of edibles and 10mg per can of THC seltzer or soda.

At CannaJoyMN in south Minneapolis, which sells a variety of hemp-derived THC products, they've spent a lot of time talking to new customers about those limits, along with where to start.

"When it comes to THC, start low and go slow," said Erin Walloch, co-founder of CannaJoyMN. "That's important for everybody and we can help along the way with some of those questions and concerns that people have. I like to say we can meet people where they're at on their seed and weed journey."

But there are limits to that motto if that journey goes beyond the bounds of Minnesota regulations.

"Some people will say, 'Do you have anything over the 50mg?' or 'I had this one, one time, that was 1000(mg),'" Walloch said. "And then we're like, 'Well, you might have to get that somewhere else then, because we don't have that.'"

According to MDH, of the 200 retail inspections conducted since it began visiting retailers in August, nearly 40% were cited for violations for selling at least some products that far exceed state regulations.

"We're talking hundreds of milligrams per serving and thousands of milligrams per package," Chris Elvrum, Assistant Director for the MDH Office of Medical Cannabis. "At those very high doses, there have been reports of people who have had adverse health impacts, like high anxiety and panic attacks, racing heart rate, delusions and so we do have a fair bit of concern about those high-risk products."

MDH is now working to double its compliance staff from five to ten inspectors by January, with the goal of reaching all 3,000 registered retailers of hemp-derived THC within a couple of months.

"We are ordering correction orders on a first visit if there are violations," Elvrum said. "And if we do find those high-risk products, we're having those destroyed on site. We try to give them the benefit of the doubt the first time and if they comply after that then all is well."

Elvrum says many of the issues have been related to gummies that have come from out of state and are sold in smoke shops and convenience stores.

"It is slightly confusing, especially when you're dealing with out-of-state products and out-of-state producers that may not know Minnesota's rules and compliance," said Bob Walloch, co-founder of CannaJoyMN.

Despite lawsuits filed against a handful of Minnesota producers of high-risk products a year ago, MDH found most of the locally made products have complied with dosing limits and packaging. 

It's one reason why CannaJoy chose to feature local products exclusively.

Bob Walloch: "And each of the cans and other products (in the store) have, at a minimum, a QR code to be able to go and look at the certificate of analysis that the product has been tested and is approved."

Kent Erdahl: "Have you been visited (by inspectors) yet?" 

Walloch: "We haven't. We've been practicing though. We're hoping to have a perfect visit at the time that they do come. I think those that take it seriously should do well and I hope we could do better as a state."

Because MDH still has so much ground to cover, they also want the public to know that if you see products that far exceed the state's 5mg per serving guidelines, you can file a complaint online.

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