The summer before in the state of Minnesota, the Minnesota legislature voted to approve a bill that made beverages and edibles that contain hemp-derived THC legally available to people who are over 21. Many were thrilled with the leap in a state that the only marijuana for medical use was allowed.
Some, however, aren’t so great.
We don’t have any new customers to offer you.
Vireo Health, a Minnesota-based medical cannabis firm is one of the two businesses that the department of health have been granted the authority to sell medical cannabis. Its dispensary has a wide range of goods, ranging including topical creams, vape oil and edibles.
Unfortunately for Vireo the new Minnesota THC regulations do not provide a new client base. The law, which went into in effect on July 1 2022, has legalized beverages as well as edibles that have 5 milligrams or more of THC. One caveat? The product must originate from hemp. Marijuana remains illegal on the federal level, as well as in Minnesota.
As Vireo’s product is derived from hemp and not cannabis Only those who are eligible under Minnesota’s medical marijuana program have the ability to buy them.
Vireo Demands Declaratory Judgment
Vireo has filed a lawsuit on behalf of Hennepin County on the 14th of September The company argued that the new law violates the Constitution by discriminating against Vireo by not allowing access to the bigger market. Vireo argues that THC that is in their products and those that are now legal recreational drugs are “chemically similar.”
“Consumers aren’t able to tell the difference as can chemists manufacturers or regulators – since there’s no distinction between THC that is derived from cannabis or THC obtained by hemp.”
The consumers have more choices, which Vireo believes will affect the company’s business.
The law’s new provisions don’t stop Vireo from the addition of hemp-derived THC products into its range. The company, however, says that it’s not interested in making the move. Instead, the company is soliciting the court to make the declaratory judgment that specifies what the rights of each party can be in the event of a disagreement. Vireo seeks a judge to declare that it is able to market and distribute its products with the same restrictions for hemp-derived foods.
The battle is going to be a difficult fight for Vireo. While marijuana and hemp are cannabis-related plants (arguably identical) the plants that have the THC concentration greater than 0.3 percentage can legally be classed as “marijuana” in the Federal Controlled Substances Act. These products are banned at the federal level , and only allow medical treatments in Minnesota.
If it is to be successful, Vireo will need to convince the judge that there aren’t any issues of fact regarding the issue. However, the state may challenge the assertion that hemp-derived THC as well as cannabis-derived THC are not the same as it would make it more difficult for the state to implement its policies regarding recreational cannabis further.
If Vireo proves to be successful, Minnesotans might be able access recreational marijuana a more quickly than lawmakers would have wanted.