The Minnesota Office of Cannabis Management (OCM) announced today it has published a notice of intent to adopt expedited rules and has opened a 30-day public comment period.
Members of the public can submit formal comment starting today, January 13, on draft rules that will complete the regulatory framework for Minnesota’s new cannabis industry. A copy of the proposed rules has been published in the State Register and may be viewed by clicking here.
The public can submit comments through the Office of Administrative Hearings (OAH) website until 4:30 p.m. on Wednesday, Feb. 12. Instructions on how to use the system are available on the OAH website.
“Today marks another significant milestone in the work to launch a safe, equitable, and responsible cannabis marketplace in Minnesota,” said OCM Interim Director Charlene Briner (last week, Governor Walz announced that Briner will depart from this role on January 17).
Leading up to this point, OCM “engaged with and reached out to key audiences in a variety of ways”, according to a press release sent today. “For instance, as early as October 2023, OCM received input through a series of surveys that focused on specific rulemaking topics, as well as held meetings with key partners to gather feedback.”
OCM shared the first draft of proposed rules and received public feedback on that draft from July 31 through Aug. 30, 2024.
“Consumer health and safety and access to safe products were our primary focus as we crafted clear, consistent rules that reflect industry standards and best practices and that are informed by the existing regulation of both medical and hemp-derived edible products,” said Briner. “We are grateful for the partnership and input from community members, advocates, industry experts, and others who helped shape the rules that will be the cornerstone of our state’s regulated cannabis marketplace.”
After the closure of the comment period, OCM will make any changes to the rules based on reasonable feedback. OCM will submit those updated rules to a state judge for confirmation. The rules then are sent to the Secretary of State’s office and the governor who has a statutory 14-day veto opportunity. After completion of those necessary steps, OCM will publish final adoption of rules in the State Register for adoption, which is anticipated before the end of the first quarter of 2025.
“The adoption of rules is a critical step in launching Minnesota’s cannabis industry”, states the OCM. “Qualified applicants for cannabis business license types that are not capped in statute could receive their business license as soon as rules are adopted, meaning that qualified applicants for a microbusiness license could conceivably begin cultivating cannabis and begin business operations before summer. Similarly, qualified applicants in the other non-capped license types (wholesaler, transporter, testing facility, and delivery service) could have licenses as soon as rules are adopted.”
OCM encourages the public to participate in the rulemaking process. All public comments should identify the portion of the proposed rules addressed and the reason for the comment. In addition, the public is asked to propose any change desired and make any comments on the legality of the proposed rules during this comment period. All comments or responses received are public data and will be available for review on the eComments website.
OCM has developed this additional notice plan, while not required under Minnesota Statutes, section 14.389, to ensure that any and all persons affected by the proposed rules will have notice of the office’s intent to adopt rules, and will as such, be afforded the ability to provide official comment on the rules.
