Can I sell products with less THC than a moderate- or high-THC hemp product?

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IMPORTANT: Effective July 1, 2024, only cannabis retail establishments (dispensary facilities, hybrid retailers and retailers) and package stores with a waiver can offer THC-infused beverages (beverages containing THC) for retail sale. 

A license is not required for the sale of products containing less than 0.5mg of THC per container with the exception of THC-infused beverages.

To sell moderate-THC hemp products, you must have a Moderate-THC Hemp Product Vendor certificate. A moderate-THC hemp product is a manufacturer hemp product that contains a total THC of:

  • At least 0.5 milligrams of THC per-container;
  • No more than 5 milligrams of THC per-container;
  • 0.3% or less of THC for flower or cannabis trim; and,
  • Is not an infused beverage.

Both High-THC Hemp Products and Synthetic Cannabinoids are now classified as cannabis under State law and may only be sold by licensed cannabis establishments. If you do not hold a cannabis license issued by the Department of Consumer Protection (DCP), it is illegal to sell or offer cannabis, including synthetic cannabinoids, and high-THC hemp products. The sale of high-THC hemp products and synthetic cannabinoids at unauthorized retailers is unlawful and action may be taken by law enforcement. 

It’s important for business owners to review the labels of all products containing THC to determine if any items are moderate- or high-THC hemp products or if they contain synthetic cannabinoids. Please check with an attorney if you are unsure if it is lawful to sell a product. Retailers without a DCP cannabis license must remove all moderate- and high-THC hemp products as well as products containing synthetic cannabinoids from their shelves and stop all sales of these products. 

Please contact the product manufacturer or distributor to determine how best to proceed with unsold products. 

For more information about THC-infused beverages please visit, Frequently Asked Questions: Who can sell THC-infused beverages?

Hemp, CBD and Other Products Possession Retail Sales
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