THC Potency Caps
Would set legal limits on how strong cannabis products can be - capping THC in flower at 15% and in concentrates at 30%, while adding new warning labels to all products.
Last updated: Feb 17, 2026 · 94th Legislature, 2025-2026 Session
Plain-English Overview
This bill would put hard limits on the strength of cannabis products sold in Minnesota. Right now, dispensaries can sell flower with 30-35% THC and concentrates that are nearly pure THC. Senator Matt Klein introduced this bill because he and other supporters believe today's cannabis products are far more potent than what most people associate with marijuana, and that high-potency products carry health risks, especially for young people and first-time users.
Under this bill, cannabis flower (the kind you smoke) could contain no more than 15% THC. Concentrates - things like wax, shatter, and oil - would be capped at 30% THC. Products that exceed these limits could not be sold at any Minnesota dispensary. All products would also need new warning labels similar to cigarette warnings, explaining risks like addiction and effects on developing brains.
The bill affects pretty much everyone in the cannabis market. Consumers who use high-potency products would need to buy more product to get the same effect, or switch to different consumption methods. Businesses that currently sell high-potency items would need to change their product lines. Medical cannabis patients are a particular concern - some advocates worry that patients who rely on concentrated products for serious conditions could face real challenges if potency caps are applied to their medicine.
Key Dates
Introduced
Feb 17, 2026
Last Action
Feb 17, 2026
Committee Deadline
Mar/Apr 2026
Session Ends
May 2026
Key Provisions
- Caps THC in cannabis flower at 15% by dry weight
- Caps THC in cannabis concentrates at 30%
- Requires new warning labels on all cannabis products sold at retail
- Applies to both recreational and hemp-derived products sold at dispensaries
- Products above the limits could not be legally sold at Minnesota retailers
Who Wants What
Supporters Say
- +High-potency products pose real health risks, especially for teens and people with a history of mental health issues - limits protect public health
- +Today's cannabis is 5-10x stronger than what was common 20 years ago, and regulators should reflect that reality
- +Warning labels give consumers the information they need to make safer choices
Opponents Say
- -Medical cannabis patients who rely on concentrated products for pain, cancer, or other serious conditions could lose access to effective medicine
- -Potency limits push consumers toward unregulated black-market products that have no safety oversight at all
- -Adults should be able to make their own choices about legal products - these limits treat cannabis users like children
Impact Analysis
Consumers & Public
Adults who use high-THC products recreationally would need to adjust. Most casual users would not notice a big difference with a 15% flower cap, but heavy users who rely on concentrates may find their preferred products unavailable. The switch to lower-potency products often means consuming more product to achieve the same effect.
Businesses
Dispensaries would need to audit and potentially pull existing inventory. Cultivators who have spent years developing high-potency strains would face a major business disruption. Companies selling premium concentrates - a lucrative product category - could take significant revenue hits.
Taxpayers
The state fiscal office has not completed an analysis, but lower sales of premium high-margin products would likely reduce cannabis tax revenue somewhat. However, any reduction in cannabis-related healthcare costs could offset this over time.
Legal & Enforcement
Businesses selling non-compliant products after the law takes effect would face regulatory penalties from the Office of Cannabis Management. Enforcement would focus on retailers, not consumers.
Historical Context
Colorado introduced a bill in 2022 to cap THC at 15% but it failed after heavy opposition from the cannabis industry and patient advocates. Vermont and Oregon have debated similar caps without passing them. No state currently enforces a THC potency cap on adult-use cannabis, though several states cap medical cannabis edibles at 10mg per serving. The debate over potency limits is one of the most contested issues in cannabis policy nationwide.
Legislative Timeline
- Senate
- Senate
Introduction and first reading
Likely next steps
- TBD
Committee hearing and amendment process
- TBD
Committee vote - move to full chamber
- TBD
Floor debate and chamber vote
- TBD
Conference committee (if both chambers pass different versions)
- TBD
Governor signature or veto
Sponsors
Matt Klein
Author - Democrat
Frequently Asked Questions
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Contents
Quick Facts
- Bill
- SF3591
- Status
- In Committee
- Chamber
- Senate
- Updated
- Feb 17, 2026
- Sponsors
- 1
- History
- 2 events