Minnesota Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 18, 2024

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 Chapter 152 — Drugs; controlled substances — Sections 152.01 to 152.37 Trade Regulations, Consumer Protection Chapter 342 — Sections 342.01 to 342.82 Crimes, Expungement, Victims Chapter 609 — Criminal Code — Sections 609a.055 and 609a.06
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 Possession in the Fourth Degree: Possessing more than 2 oz but not more than 4 oz of cannabis flower is a petty misdemeanor, punishable by a fine of up to $300. Possession in the Third Degree: Possessing more than 4 oz but not more than 1 pound of cannabis flower is a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000. Possession in the Second Degree: Possessing more than 1 pound but not more than 2 pounds of cannabis flower in any place other than one's home is a misdemeanor, punishable by up to 364 days in jail and a fine of up to $3,000. Possession in the First Degree: Possessing more than 2 pounds but not more than 10 kilograms of cannabis flower is a felony, punishable by up to 5 years in prison and a fine of up to $10,000. 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 Sale in the Fourth Degree: Selling up to 2 oz of cannabis flower is a petty misdemeanor, punishable by a fine of up to $300. Sale in the Third Degree: Selling more than 2 oz of cannabis flower is a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000. Sale in the Second Degree: Selling more than 2 oz of cannabis flower in a school zone/park zone/drug treatment facility, or within 10 years of a prior conviction, or selling cannabis to a minor. This offense is a misdemeanor, punishable by up to 364 days in jail and a fine of up to $3,000. Sale in the First Degree: Selling over 2 oz to a minor more than 36 months younger than the seller or within 10 years of two or more prior convictions of the second or third degree or within 10 years of a previous conviction of the first degree. This offense is a felony, punishable by up to five years in prison and a fine of up to $10,000.
Illegal cultivation penalties	Minnesota Health Statutes — Chapter 152 Section 152.0265: Cannabis Cultivation Crimes Cultivation of up to eight plants (four mature) by an adult 21 or older is legal. Cultivation of more than eight plants (four mature) but less than 16 plants can result in a civil penalty and a fine of $500 for each plant over the legal limit. Cultivation in the Second Degree: Cultivating more than 16 plants but not more than 23 is a misdemeanor, punishable by up to 364 days in jail and a fine of up to $3,000. Cultivation in the First Degree: Cultivating more than 23 plants is a felony, punishable by up to five years in prison and a fine of up to $ 10,000.

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.