Minnesota Marijuana Laws
By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 18, 2024
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Big changes are coming to Minnesota in marijuana. On May 30, 2023, Gov. Tim Walz signed a law legalizing cannabis use for those 21 and older, effective Aug. 1, 2023. As a result, Minnesota became the 23rd state to approve marijuana for adult recreational use. The law set a plan for the licensing and operation of recreational marijuana dispensaries. Medical cannabis programs have been in Minnesota since 2014.
State-regulated adult-use dispensaries are expected to open in early 2025. But there are other methods for getting cannabis products and seeds available now. The changes lawmakers approved doesn't mean "anything goes" with recreational cannabis. There are still plenty of laws about the use of cannabis, and you should know what they are to avoid running afoul of law enforcement.
In this article, we'll discuss the limits set by Minnesota laws, how and by whom dispensaries will open, and the possible repercussions of stepping outside the bounds of legal use of marijuana in Minnesota.
The terms marijuana and cannabis are related but have separate definitions. Cannabis more broadly refers to all products from the plant Cannabis sativa. Marijuana refers to products containing a high content of THC (tetrahydrocannabinol), the psychoactive substance within certain cannabis products. But we will use these terms interchangeably when explaining Minnesota laws.
This article will discuss Minnesota's marijuana laws.
Minnesota Marijuana Law: Possession, Purchase, and Use
Legal cannabis may have been long overdue in Minnesota, but there are still rules you'll need to navigate. The first step is being aware of what's legal and what isn't. For example, it's crucial to keep in mind that under federal law, marijuana is still a Schedule I drug. So, while you can have and use cannabis in most of Minnesota at age 21, it's still a crime in any of the federal parks or lands in the state.
There have been recent attempts to get marijuana reclassified at the federal level — in Congress and through the administrative process. As of November 2024, there has been no legal change in marijuana's status. Check for any changes before exposing yourself to potential prosecution by taking marijuana over state lines.
The Office of Cannabis Management (OCM) oversees marijuana policies and programs. The OCM creates the regulatory framework for cannabis use in Minnesota.
Minnesota Marijuana Possession
The law the Minnesota legislature passed in 2023 set the legal limits of cannabis Minnesotans can carry, possess, and cultivate. A person at least 21 years old can:
- Possess or transport up to 2 ounces of cannabis flower in a public place
- Give away cannabis flower and products to a person 21 or older in an amount legal for a person to have in public places
- Have up to 2 pounds of cannabis flower in a person's home or private residence
- Possess or transport up to 8 grams of adult-use cannabis concentrate
- Have or transport edible cannabis products or lower-potency hemp edibles infused with a combined 800 milligrams or less of THC
- Use, possess, or transport cannabis paraphernalia
While there were no dispensaries open at the time, provisions in the law allowed the sale of marijuana seeds. The seeds have the same protections and requirements as any other seed covered by the Minnesota Seed Law.
Besides the rights listed above, a Minnesota resident over 21 can have up to eight cannabis plants on their private property. Only four marijuana plants can be mature at any time. While the plants may be grown outside, they must be in a locked enclosure that is not open to public view. Penalties for cultivating more than eight plants start at $500 for each plant above the limit and become more onerous as the number increases.
Minnesota Marijuana Purchasing
Seeds are available, but the state-governed dispensaries are expected in early 2025. When they do open, retail sales of recreational marijuana THC products such as flower, vapes, and edibles, will be subject to the Cannabis Tax, which will be an extra 10% on top of state and local sales taxes. Medical marijuana purchases are not subject to the tax.
This doesn't mean recreational cannabis products aren't available in Minnesota. You can purchase it on reservations run by tribal governments, such as the Red Lake Nation and the White Earth Nation.
The State of Minnesota will prioritize applications to sell cannabis from people who are social equity applicants. These include:
- People convicted of possessing or selling marijuana
- Service-disabled veterans and other members of the military who lost honorable status due to a marijuana charge
- Emerging farmers
- Residents of high-poverty areas that had high rates of past marijuana law enforcement
Others can apply, but their applications will have a lower priority.
Minnesota Marijuana Use Laws
Marijuana is about as legal in Minnesota as alcohol, so it carries the same restrictions and penalties for operating a motor vehicle while under impairment. No matter what the intoxicant, you risk losing your driver's license and much more.
In public places, marijuana use falls under many of the same rules that tobacco does, such as the Minnesota Clean Indoor Air Act. Cannabis can be used on private property and private homes with the owner's permission. In the future, event permits or approved licenses for certain venues may also be approved.
Certain locations prohibit the use of cannabis. These include:
- Public school or charter schools and school buses
- State correctional facilities
- In a location where the smoke, aerosol, or vapor of a cannabis product could get inhaled by a minor
- On federal property such as courthouses, airports, and national parks
- In federally subsidized housing
- While on an employer's premises or when operating an employer's vehicle, machinery, or equipment
- In a multifamily housing building, including on patios and balconies
There are exceptions, often in the case of medical marijuana patients.
Municipalities can pass their own ordinances, so check the local governments' codes. In hotel rooms, you're once again bound by the rules that apply to tobacco. If your room is a non-smoking room, that means all types of smoking.
Minnesota Marijuana Law and Expungement
When the legalization bill passed in 2023, past convictions for marijuana offenses were no longer violations under Minnesota law. As a result, they were expunged by the Minnesota Department of Public Safety Bureau of Criminal Apprehension (BCA). Over 57,000 convictions no longer exist, with more on the horizon with implementing the Clean Slate Act on Jan. 1, 2025.
More details of Minnesota's marijuana laws are in the following chart. See FindLaw's Drug Charges section for more articles, including Drug Manufacturing and Cultivation.
Minnesota Marijuana Law Penalties Summary
It's still possible to face serious charges for marijuana-related charges. The table below lists the types of crimes and the severity of potential punishments.
Minnesota marijuana laws | Minnesota Statutes
Trade Regulations, Consumer Protection
Crimes, Expungement, Victims |
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Is marijuana legal in Minnesota? | Yes. Marijuana is legal for medical and adult-use recreational purposes. But there are limits in what you can have, use, and carry. |
Possession penalties | Minnesota Health Statutes — Chapter 152 Section 152.0263: Cannabis Possession Crimes
See more Controlled Substance Crimes (Sections 152.021, 152.022, 152.023, 152.024, and 152.025), which ban unlawful possession of over 10 kilograms or more of cannabis flower. Illegal sale penalties Minnesota Health Statutes — Chapter 152 Section 152.0264: Cannabis Sale Crimes
|
Illegal cultivation penalties | Minnesota Health Statutes — Chapter 152 Section 152.0265: Cannabis Cultivation Crimes
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Note: State laws are subject to change by passing new legislation rulings in the higher courts, including federal decisions, ballot initiatives, and other means. While we strive to provide the most current information, please consult an attorney or conduct independent legal research to verify the status of any state laws you are reviewing.
Minnesota Marijuana Laws: Related Resources
- Marijuana Legalization and Decriminalization Overview
- Medical Marijuana: An Overview
- Types of Drug Crimes
- Official State Codes
- Minnesota Law
Facing a Marijuana Charge? Get Help From a Minnesota Attorney
It can be difficult to keep up with the evolving cannabis laws in Minnesota. If you are facing drug charges involving marijuana, consider consulting with a defense attorney who can assess your options and put up a solid defense on your behalf. Find an experienced drug crimes defense attorney familiar with the new law in your state.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex drug crimes usually require a lawyer
- Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
- Drug crime laws involve many specifics that can quickly change a case
Get tailored legal advice and ask a lawyer questions. Many Minnesota attorneys offer free consultations for Drug Crime.
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