Staying up to date on cannabis laws in Minnesota is a must for residents, visitors, and budding cannabis industry entrepreneurs. This article provides clear answers to common questions about Minnesota’s cannabis laws, from the history of legalization to current rules on possession and consumption. Keep reading to ensure you stay compliant with Minnesota’s cannabis regulations.
Is Cannabis Legal in Minnesota?
Yes, as of August 1, 2023, adult-use cannabis is legal in Minnesota. Medical cannabis was legalized in May 2014.
When Did Minnesota Legalize Cannabis?
Recreational cannabis became legal in Minnesota on August 1, 2023, following the state legislature's passage of a cannabis bill in May 2023. Governor Tim Walz signed the bill into law on May 30, 2023.
Medical cannabis has been legal since May 29, 2014, when it was signed into law by Governor Mark Dayton, allowing patients with qualifying conditions to access cannabis for medicinal purposes.
What Is the Minimum Age for Legal Cannabis Use in Minnesota?
The minimum age for legal cannabis consumption in Minnesota is 21. This applies to both recreational and medical use, though minors may use medical cannabis if they have a qualifying condition and a registered caregiver.
What Are the Possession Limits for Cannabis in Minnesota?
In Minnesota, adults 21 and older can legally carry up to two ounces of cannabis flower in public and possess up to eight grams of concentrates. Additionally, cannabis-infused products containing up to 800 milligrams of THC are allowed. Home cultivators may possess up to two pounds in their private homes. Possessing more than these amounts can lead to penalties, ranging from fines to criminal charges, depending on the quantity.
How Much Cannabis Can Be Sold Legally in Minnesota?
Licensed dispensaries in Minnesota can legally sell up to two ounces of cannabis flower or its equivalent (such as eight grams of concentrates or cannabis products containing up to 800 milligrams of THC) per transaction to individuals 21 and older. There is no daily transaction limit, allowing multiple purchases throughout the day.
Where Can Cannabis Be Purchased in Minnesota?
Cannabis can be legally purchased from state-licensed dispensaries throughout Minnesota. These establishments are regulated by the Minnesota Office of Cannabis Management, which oversees compliance with state laws regarding product safety, quality, and business operations. Purchasing from licensed dispensaries ensures consumers receive safe, tested products and avoid potential legal issues.
What Taxes Apply to Cannabis Purchases in Minnesota?
Minnesota imposes a 10% sales tax on recreational cannabis products. Medical cannabis is exempt from this tax, offering financial relief for patients using cannabis for health reasons. Additional local taxes may also apply, so it's important to check regulations in different areas of the state when purchasing cannabis products.
Is Home Cultivation of Cannabis Permitted in Minnesota?
Yes, Minnesota residents aged 21 and over can grow up to eight cannabis plants per household, with a maximum of four mature, flowering plants at any given time. These plants must be grown in a private, secure location that is not visible to the public.
State Representative Jessica Hanson has also introduced legislation (HF3766) to change current cultivation laws for medical use patients. This bill would allow medical patients to legally register to grow up to 16 cannabis plants without a license. Alternatively, registered patients could allow a registered designated caregiver or caregivers to grow plants on their behalf. This legislation is currently pending in the House of Representatives.
What Cannabis Products Are Available in Minnesota?
In Minnesota, consumers can choose from a variety of cannabis products, including flower, edibles, tinctures, concentrates, topicals, and vape cartridges. All products undergo stringent testing for potency and contaminants to ensure that they meet safety standards.
Can Cannabis Be Given as a Gift in Minnesota?
Yes, adults 21 and older may gift up to two ounces of cannabis to another adult, provided there is no exchange of money, goods, or services. This rule is designed to prevent unlicensed sales while still allowing for legal sharing of cannabis.
Where Can Cannabis Be Consumed in Minnesota?
In Minnesota, cannabis consumption is restricted to private properties. Public consumption, including smoking or vaping in places like parks, streets, or vehicles, is prohibited. Property owners and landlords also have the right to ban cannabis use on their premises, so renters should verify cannabis policies with their landlords before growing or consuming on their premises.
Can Cannabis Consumption Impact Employment in Minnesota?
Minnesota’s adult-use cannabis law provides protections for employees and job applicants who use cannabis outside of work during non-work hours. However, employers retain the right to take disciplinary action if cannabis use affects job performance during work hours or violates specific work rules they have set as allowed by cannabis laws. Employers are prohibited from requiring cannabis-specific pre-employment drug tests for job applicants or random drug testing, except in certain safety-sensitive positions or as required by law.
What Are the Rules for Traveling with Cannabis in Minnesota?
Those traveling with cannabis in their vehicle in Minnesota follow the same open container laws that apply to alcohol. Quantities of cannabis should be within legal limits and sealed in original purchase packaging while on public roads. Failure to do so can result in fines, arrest, and DUI charges if marijuana intoxication is suspected.
It is illegal to travel outside of Minnesota with cannabis purchased in the state, even when traveling to another state where cannabis is legal.
How Are Past Cannabis Convictions Handled in Minnesota?
Prior cannabis convictions in Minnesota are currently handled under the Adult-Use Cannabis Act. This legislation decriminalizes certain non-felony cannabis-related offenses and removes records of these offenses from the Bureau of Criminal Apprehension’s (BCA) Criminal History System. All cannabis-related convictions eligible under this act were expunged in May 2024.
The Clean Slate Act takes effect on January 1, 2025. This legislation requires automatic expungement of certain cannabis-related convictions shown in a person's BCA criminal history. Once it is in place, the BCA will review any cases that were still pending during the original purge of records and remove them at that time. Those convicted for eligible felony cannabis-related crimes can petition the Cannabis Expungement Board to determine whether they meet the criteria for expungement.
Final Thoughts on Cannabis Laws in Minnesota
Cannabis laws in Minnesota have undergone significant changes and continue to evolve. As the state’s cannabis industry continues to expand, keeping up with the latest laws and guidelines will be key to navigating this rapidly changing environment.
For those interested in starting a cannabis business, tools like KayaPush can streamline payroll and employee management, helping you focus on growth and regulatory compliance. Schedule a free demo today to see how KayaPush can support your business in Minnesota’s emerging cannabis market.
