Understanding Minnesota’s Cannabis Rules: A Complete Guide to the AR4844 Draft Regulations
With Minnesota preparing for a fully operational adult-use and medical cannabis market, we at Nood Gummies are excited to see the Office of Cannabis Management (OCM) has released AR4844, a comprehensive draft rule package. These rules are intended to implement Minnesota Statutes Chapter 342 and serve as the foundational regulatory framework for the entire cannabis industry in the state.
This article serves as a detailed breakdown of the AR4844 rules, guiding license applicants, current operators, and stakeholders through compliance obligations across licensing, operations, product standards, retail, security, transportation, and testing.
1. Overview of AR4844 and Scope of the Rules
The AR4844 rules apply to all cannabis and hemp businesses licensed or operating in Minnesota, with two exceptions:
- Sovereign authority of tribal nations is not impacted.
- Tribal licensees on tribal land are not subject to these rules.
The rules establish standardized procedures, definitions, and compliance requirements across all sectors—from cultivation to testing and retail.
2. Licensing Limits and Disqualifications
License Limits
To prevent monopolies and ensure equity:
- Only one license is allowed per person per category (cultivation, manufacturing, retail, delivery, etc.).
- Testing facilities may hold up to three licenses.
Disqualifying Offenses
License applicants and business owners may be disqualified for:
- Serious drug offenses (excluding cannabis crimes before Aug 1, 2023).
- Fraud, bribery, embezzlement.
- Human trafficking, labor trafficking.
- Violations in other states or revocation of cannabis licenses.
- Violating Chapter 342 without a license.
Some disqualifications are temporary (5 years), while others are permanent, though a variance may be requested if public interest justifies it.
3. Business Operations Requirements
Standard Operating Procedures (SOPs)
Businesses must create written SOPs addressing:
- Worker training and safety.
- Data privacy and breach protocols.
- Inventory tracking and seed-to-sale compliance.
- Cleaning, sanitation, equipment maintenance.
- Record-keeping and waste handling.
Record Keeping
Maintain:
- Financial records for 3 years.
- Tax records for 10 years.
- Worker training logs, security plans, SOPs, and cultivation plans.
Prohibited Locations
Cannabis businesses cannot operate within dwellings unless specifically authorized under law.
4. Packaging, Labeling, and Product Recall
Labeling Must Include:
- THC warning symbol (ASTM D8441).
- Universal “Do Not Eat” warnings for concentrates.
- Nutrition facts and allergen statements.
- Batch numbers, cannabinoid profiles, and expiration dates.
Prohibited Claims & Packaging
- Misleading or false labels.
- Claims of being “organic” unless certified under USDA standards.
- Packaging must avoid PFAS and other harmful substances.
Product Recall Triggers
Mandatory recalls are required for:
- Contamination (heavy metals, pesticides, microbiologicals).
- Labeling inaccuracies or undeclared allergens.
- Products from unlicensed sources.
5. Storage and Waste Disposal
Storage Rules
- Regulated products must be stored:
- 6 inches above the floor.
- In locked, restricted areas with clear signage.
- Records of every storage access event must be kept.
Waste Disposal
Cannabis waste must be:
- Rendered unusable and unrecognizable before removal.
- Segregated into hazardous and nonhazardous categories.
- Tracked and logged in the state monitoring system.
- Excluded from waste if it includes root balls, stalks, or trichome-free leaves.
6. Seed-to-Sale: Track and Trace Requirements
All cannabis businesses must use Minnesota’s statewide monitoring system for:
- Inventory.
- Transport.
- Plant ID tagging.
- Waste reporting.
- Sales and transfers.
System Users
- System Administrators: Manage access and training.
- System Users: Must have their own log-ins. Shared credentials are prohibited.
Offline Mode
Manual logging is allowed for up to 3 days during outages—but sales are prohibited during system downtime.
7. Security and Surveillance Standards
Facility Requirements
- 24/7 video surveillance (with 90-day data retention).
- Alarm systems with local law enforcement alerts.
- Carbon monoxide and fire detection systems.
- Controlled worker access with ID badges and visual permissions.
Transport Security
- Locked compartments or containers required.
- Real-time GPS tracking.
- Drivers must be 21+, licensed, and never leave product unattended.
- Maximum of $5,000 in product per route for delivery vehicles.
8. Cultivation Requirements
Cultivation Plan Requirements
Must include:
- Facility blueprints with canopy details.
- Waste, pest, and utility management.
- Crop input logs and integrated pest management (IPM).
- Batch numbering and harvest timelines.
Canopy Calculations
Canopy is based on flowering plants only. Walkways and unused space are excluded.
Restrictions
- No growing in unauthorized areas.
- No sales to known illegal operators.
- No exceeding canopy limits.
9. Manufacturing Regulations
Manufacturing Plan Must Detail:
- Products, equipment layouts, and ingredient sources.
- Sanitation protocols.
- Batch numbering and hazard analysis.
- Packaging and labeling controls.
Banned Additives in Vaporizable Products
- MCT oil
- PEG
- VG
- Vitamin E acetate
- Diacetyl
- Squalene
Artificial Cannabinoid Limits
- Only delta-9 THC allowed.
- Ratios must be 20:1 or higher for D9 vs. other artificial cannabinoids.
10. Product Testing and Laboratories
Testing Facility Requirements
- Must be ISO 17025 accredited and undergo proficiency testing.
- All results must be uploaded to the statewide system.
Mandatory Testing Includes:
- Potency and cannabinoid profile.
- Homogeneity and batch consistency.
- Contaminants:
- Heavy metals
- Microbiologicals
- Mycotoxins
- Pesticide residues
- Residual solvents
- Foreign material
Sample Collection Protocols
- Must be representative.
- Tracked via batch numbers and lab reports.
- Samples must be sealed, labeled, and traceable.
11. Retail Regulations
Adult-Use Retail
- 21+ Only, with strict ID checks.
- Pre-orders and online sales allowed with age verification.
- Display samples must be destroyed after 90 days.
- Retail areas must be clean, secure, and separate from limited-access areas.
Medical Cannabis Retail
- Requires:
- Verification of patient registry.
- Self-evaluation every 3 months.
- Consultation with pharmacists or certified consultants.
- Products must be labeled with patient-specific instructions.
12. Delivery Service Standards
- Orders must be prepaid.
- Delivery vehicles must carry manifests showing:
- Customer info.
- Time stamps.
- Product types and weights.
- Deliveries must be made in person with ID verification.
- Delivery staff must return unsold products and document failed deliveries.
13. Wholesale and Imported Hemp Products
Wholesalers must:
- Record origin, testing results, and product details before distribution.
- Ensure imported hemp-derived products meet Minnesota contaminant standards.
14. Events and Temporary Sales
- Events are limited to 4 days.
- Must restrict access to 21+ and follow fencing and security rules.
- No free cannabis giveaways.
- Vendors must be pre-registered with the OCM.
15. Medical Cannabis Registry and Caregiver Rules
Patients
- Must provide:
- Proof of qualifying condition.
- Residency verification.
- Self-evaluation every 3 months.
Caregivers
- May serve up to 6 patients.
- Allowed to:
- Transport and administer cannabis.
- Cultivate up to 8 plants (4 flowering max).
- Must not consume patient medicine.
Conclusion
Minnesota’s AR4844 rules form one of the most comprehensive and detailed cannabis regulatory structures in the nation. Whether you’re planning to cultivate, manufacture, sell, deliver, or test cannabis products in Minnesota, understanding and implementing these rules is critical to staying compliant and building a successful cannabis business.
If you’re launching or operating a cannabis business in Minnesota, bookmark this page and revisit it often as you build your standard operating procedures, prepare for licensure, and scale your operations in this evolving regulatory landscape.