The leading bill to legalize the production and recreational use of marijuana in Minnesota failed after a Senate committee vote this week, despite support by Governor Walz and the DFL House. Just a few months ago, Minnesota was considered a frontrunner to join Canada and 10 other states that have fully legalized marijuana. While it’s probably over for marijuana in Minnesota this year, several bills on CBD are advancing and appear to have bipartisan support. Legislators have proposed to amend the current legal definition of “industrial hemp” to specifically include “derivatives, extracts, [and] cannabinoids” coming from any part of the cannabis plant so long as the THC concentration is not more than 0.3 percent. See e.g. HF 1660 and SF 1204. It is likely that this expanded definition will be rolled into the final state omnibus agriculture bill much like the federal Farm Bill of 2018. In addition to clarifying the definition of industrial hemp, HF 793 and SF 192 specifically state that CBD derived from industrial hemp “is not a controlled substance” under state drug laws. Numerous other bills, many offered by Rep. Samantha Vang (DFL), would direct and authorize state regulatory support and certification standards for the state hemp industry in compliance with USDA requirements. Following passage of the Farm Bill late last year, none of these state proposals are particularly novel or controversial. However, SF 2496 would impose substantial state law restrictions on the production and labelling of CBD products based on an FDA-based model for adulterated foods and supplements. In light of ongoing uncertainty at FDA about the current federal status of CBD, fixing Minnesota state law on a moving FDA target could produce unexpected results, particularly if some months from now FDA declares CBD or CBD isolate to be a drug or an unapproved food additive.