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ROCHESTER — Olmsted County Public Health is preparing for increased local oversight of low-dose hemp edibles as the state continues to prepare for the retail rollout of their higher potency cousins.
“We’re looking to get ahead of some changes that are going to happen at the state level,” said Sagar Chowdhury, Public Health associate director.
With the state’s March 14 application deadline for cannabis licenses passed, the Minnesota Office of Cannabis Management is working on new guidelines for businesses selling low-dose hemp products
Chowdhury said that’s at least 119 Olmsted County businesses, from those defined by the sale of THC-infused edible products and beverages to those adding products alongside existing offerings.
The state has monitored age-compliance checks since sales started in 2022, but local entities are expected to take on that role later this year. For Olmsted County Public Health, which already conducts similar tobacco-related checks, it will mean oversight of all businesses registered to sell the low-dose products outside of Byron and Pine Island, where city officials opted to maintain oversight responsibilities.
The state will continue product-related compliance checks, ensuring they are made from plants with less than 0.3% levels of THC, the compound found in help and cannabis that deliver intoxicating effects.
Travis Cullen, owner of Laughing Waters THC Glass & Smoke Shop, said it makes sense to shift the age-verification oversight to local authorities as the state office works to approve cannabis licenses for businesses like his.
“It sort of shares the workload,” he said.
Ordinance being prepared
With the new county oversight, a proposed ordinance defining expectations is tentatively set for a April 1 public hearing and review
In addition to outlining state requirements, county commissioners have voiced early support for reinforcing a smoking ban in businesses that sell low-dose hemp products, setting parameters for on-site consumption and crafting penalties for businesses failing to comply with age checks.
Cullen and others said the added requirements appear to be reasonable, noting the state’s clean air act already limits smoking options and age verification is an important aspect of the business.
Joe Ahlquist / Post Bulletin
“That’s not how you should be running a business,” said Shelly Buchanan, owner of Hempire Hemp and Vape Shoppe.
The proposed county-level penalties for selling to someone under 21 during verification checks would be $300 and $600 for the first and second infractions within a three-year period. Additional violations in the same period would increase fines to $1,000 and suspend a business’ ability to sell the products – for seven days after the fourth violation and 30 days after additional violations.
Abe Sauer, owner of Old Abe & Co., has been
selling low-dose beverages and gummies from his coffee shop
since they were allowed, and said he believes the county is taking the right approach with potential penalties.
“A first-time penalty should not be too extreme. … Any bar or anyplace could be caught in a one-off,” he said, noting one underage sale shouldn’t mark a business if it’s an honest error.
A trend of violations, however, are a different matter, he said.
“Suspensions are going to do a lot more than a dollar fine,” he said of sending a message to repeat offenders.
Commissioners seeking balance
While the county commissioners have directed county staff to include some requirements in the new ordinance regarding low-dose hemp product sales, they also rejected several suggestions made by Public Health staff.
The rejected requirements include requiring child-resistant packaging of products, banning the sale of edibles or beverages without their original packaging, requiring beverages to be moved behind a service counter, requiring clerks making sales to be 21 or older and banning the use of free samples and coupons.
In many cases, commissioners compared the proposed restrictions to those faced by liquor stores and retailers selling tobacco, saying they didn’t want to set up unfair obstacles.
“We are not looking at alcohol as a really bad substance, although we have evidence that alcohol is related to more bad family violence than what we are talking about right here,” Commissioner Gregg Wright said in response to whether a hemp-infused beverage could be sold from a keg, rather than in a can.
Community Health Specialist Abby Tricker said the proposed requirement was intended to make sure customers know what they are receiving, since hemp-infused products can offer varying levels of potency.
“It’s important for the consumer to know how much content they are getting out of the beverage and how many servings they are consuming,” she said.
Retailers agreed customers must be aware of what they are consuming, but also said low-dose hemp products are different from liquor and tobacco, and require their own regulations.
Cullen said he’d support a ban on free samples, even though they are allowed in liquor stores.
“You don’t want to get mind-altering substances away for free at a business,” he said. “It’s just not a good policy.”
Additionally, he and Buchanan said they could support requiring clerks be 21 to sell low-dose edibles
“If they’re not of age to consume it then, to me, it doesn’t make sense that I would even have them in my store,” Buchanan said.
Commissioners, however said, the age requirement could be an obstacle for retailers selling products alongside those that can be purchased by younger customers.
“You can’t ask a business to hire two people to work a counter,” Commissioner Mark Thein said.
While Public Health staff raised concerns about potential peer pressure facing younger clerks, Commissioner Dave Senjem said the argument fell a bit flat.
“It bothers me, because it says you can’t trust an 18-year-old,” he said.
Sauer said he appreciates a measured approach is being taken toward a product that has seen a variety of state-level oversight changes since 2022.
“You don’t have to get it perfect out of the gate, you can go back and amend,” he said.
“}]] Olmsted County Public Health is preparing for increased local oversight of low-dose hemp edibles as the state continues to prepare for the retail rollout of their higher potency cousins. Read More
