What happens to my can?
From Dec 11, 2026, federal law caps hemp products at 0.4 mg of total THC per container. Minnesota's own limits stay put. Set the milligrams on your label and see where it lands.
5 mg in the can is 12.5 times the 0.4 mg federal cap.
Amount is not the only federal test. From Dec 11, THC made outside the plant, such as delta-9 converted from CBD, is excluded at any amount. That is how most hemp THC is made. Federal counts total THC including THCA; Minnesota's limits count delta-9.
Data as of Oct 31, 2026. Federal cap: 7 U.S.C. 1639o as amended (Tier 1, high). Minnesota limits: Minn. Stat. 342.01 subd. 50 (Tier 1, high). Minnesota stays unchanged on Dec 11 per OCM. The 50 mg edible package limit is from OCM's lower-potency hemp edible page (Tier 1, high).
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Sources
- 7 U.S.C. 1639o, as amended by Pub. L. 119-37 sec. 781 (via Cornell LII)
- Minn. Stat. 342.01 subd. 50 (Revisor)
- OCM bulletin, Sept 3, 2026
- OCM: Lower-Potency Hemp Edible Products (50 mg per package)
Last reviewed Oct 31, 2026. This page explains the law; it is not legal advice. Businesses should consult counsel. OCM cannot give business or legal advice; questions go to cannabis.info@state.mn.us.
Confidence labels: high (statute or agency, or two news sources agree), medium (one news or law-firm source, or sources conflict), low (one industry source). Highlighted VERIFY tags mark details we have not confirmed yet. Spot an error? Send a correction.