Minnesota Marijuana Laws 2023

Key Points

• Medical and recreational marijuana are legal in Minnesota. Adult-use marijuana became legal in the state on August 1, 2023
• Qualifying patients must be 18 years or older to purchase medical marijuana. Persons aged 21 and older can purchase smokable marijuana
• Recreational cannabis users can possess up to 2 lbs of cannabis flower in private but only up to 2 oz. in public. The maximum amounts of cannabis concentrate and edibles to possess are 8 g and 800 mg
• Minnesota allows adults aged 21 or above to grow up to 8 marijuana plants at home but only 4 of these plants can be mature

Is Marijuana Legal in Minnesota?

Yes. Minnesota has legalized the use of marijuana for the treatment of specific medical conditions. It recently legalized recreational marijuana on August 1, 2023. However, legal sales of adult-use marijuana will not begin in the state until 2025.

As early as 1976, Minnesota had already reduced the penalty for the possession of up to 42.5 grams (1.5 ounces) of marijuana to a petty misdemeanor punishable with a maximum fine of $200. Registered patients and caregivers are also restricted to a 90-day supply of medical marijuana prescribed by a pharmacist working for the manufacturer. Medical marijuana became legal when Governor Mark Dayton approved the Minnesota Medical Cannabis Act. Under the law, the state's Medical Cannabis Program was created under the supervision of the Minnesota Department of Health (MDH) in 2014. The legalization of medical marijuana restricts the medical use of marijuana to the treatment of specific Medical Cannabis Qualifying Conditions stated in the law, including:

• Cancer associated with severe/chronic pain, or cachexia or severe wasting, nausea, or severe vomiting
• Terminal illness, with a feasible life expectancy of under one year
• HIV/AIDS
• Alzheimer's disease
• Glaucoma
• Tourette syndrome
• Inflammatory bowel disease, including Crohn's disease
• Seizures, including those indicative of epilepsy
• Amyotrophic lateral sclerosis (ALS)
• Severe and persistent muscle spasms, including those indicative of multiple sclerosis
• Autism spectrum disorder (must meet DSM-5)
• Intractable pain
• Post-traumatic stress disorder
• Obstructive sleep apnea
• Sickle cell disease
• Chronic pain
• Chronic motor or vocal tic disorder

Individuals must be certified to have any of these qualifying medical conditions by a registered physician before they are allowed to purchase it.

The Minnesota Medical Cannabis Act permits a minor with a serious medical condition to use medical marijuana for treatment. However, they will need a registered caregiver to help them access medical cannabis. Registered patients may purchase medical marijuana in liquid, pill, or vaporized delivery methods from Cannabis Patient Center Locations across the state. However, in 2021, the legislature passed a bill allowing patients to use whole-plant (flower) cannabis for medical purposes.

Minnesota Marijuana Laws in 2023

The Minnesota Medical Cannabis Act enacted in 2014 guides the legalization and regulation of medical cannabis in the state. The law was amended through the first special session in 2020, and additional changes were made in 2021. Some major amendments to this law between 2020 and 2021 are as follows:

Section 152.22 subdivision 6 was amended by Chapter 30, Article 3, Section 29

Medical cannabis was redefined to include dried leaves and plants, and smoking became legal. This law will become effective from March 1, 2022, or as determined by the commissioner of health.

Section 152.27 subdivision 4 was amended by Chapter 30, Article 3, Section 35: Registered designated caregiver

Registered designated caregivers can now serve up to six registered patients at one time. Patients residing in the same residence will count as one patient.

Section 152.29 subdivision 3 was amended by Chapter 30, Article 3, Section 38: Manufacturer; distribution

An employee of a manufacturer licensed as a pharmacist may conduct a consultation remotely using a secure video conference, telephone, or other remote procedures. However, the employee providing the consultation must be able to confirm the patient's identity. A pharmacist consultation is not needed when a manufacturer dispenses medical cannabis to a patient based on a patient-specific dosage plan established with the manufacturer. The medical cannabis being distributed must not modify the dosage or product issued under that plan. It must also be dispensed by a pharmacy technician. A manufacturer is only authorized to dispense medical cannabis in dried raw cannabis form to:

• A patient aged 21 or over
• The registered designated caregiver, spouse, parent, or legal guardian of a patient aged 21 or over

Section 152.29 subdivision 3b was added by Chapter 30, Article 3, Section 39: Distribution to a recipient in a motor vehicle

A manufacturer is authorized to distribute medical cannabis to a patient, licensed designated caregiver, or parent, legal guardian, or spouse of a patient who is present at the distribution facility but stays in a motor vehicle, as long as:

• The distribution facility staff accepts payment and dispenses medical cannabis in a designated zone that is as close as possible to the distribution facility's front door;
• The manufacturer does not keep medical cannabis outside a restricted access area at the distribution facility. The distribution facility staff may only convey medical cannabis from the distribution facility's restricted access area to the designated zone for distribution after verifying that the patient, designated caregiver, or parent, legal guardian, or spouse has arrived in the designated zone;
• The manufacturer guarantees that the receipt of payment and supply of medical cannabis are visually recorded by the distribution facility's closed-circuit television surveillance camera and provides any other necessary security safeguards;
• The payment and distribution of medical cannabis is made following a pharmacist consultation if required under subdivision 3, paragraph (c), clause (4);
• Immediately after medical cannabis distribution, the distribution facility staff enters the transaction in the state medical cannabis registry information technology database; and
• Immediately after medical cannabis distribution, the distribution facility staff takes the payment received into the distribution facility.

Section 152.29 subdivision 3c was added by Chapter 30, Article 3, Section 40 3c.: Disposal of medical cannabis plant root balls

This law provides that regardless of Minnesota Rules, part 4770.1200, subpart 2, item C, it is not mandatory that before a manufacturer transports root balls to another location for disposal, the manufacturer:

• Grinds root balls of medical cannabis plants; or
• Incorporates them with a greater quantity of non-consumable solid waste.
• Under this subdivision, a root ball refers to a compact mass of roots formed by a plant and any attached growing medium.

Section 151.72 - Sale of Certain Cannabis Products

This was enacted on the 2nd of June 2022 and takes effect on July 1st 2022. Subdivision 1 redefines the term certified hemp, label, matrix barcode, edible cannabinoid products, and nonintoxicating cannabinoids. Subdivision 2 applies to the sale of any product for human consumption containing cannabis. Subdivision 3 specifies the precise amount of THC in edible cannabinoids and the age limit for the sale of cannabinoid products. Subdivision 4 removes delta 9 from the testing requirements but includes the specific THC amount the drug must contain. Subdivision 5 amends the labeling requirement. Manufacturers can provide information on the cannabis product using a barcode or matrix code linked to their website. Also, the label must include the manufacturer's official website. Subdivision 5a includes additional requirements for edible cannabis packaging and labeling. It specifies that edible cannabis must not contain cartoon-like, fictional, animal, fruit, or real characters appealing to children; instead, it should carry the serving size, list of ingredients, warnings, and food allergens. Manufacturers must also place edible cannabis in tamper-proof containers. Subdivision 6 contains enforcement for adulterated products if the edible cannabis contains more than 0.3%THC or traces of mold, solvents, fertilizers, heavy metals, or pesticides.

Section 152.32 Subdivision 3 - Discrimination Prohibited

Subdivision 3 was amended in May 2022, prohibiting any landlord or school from refusing to lease, enroll, or penalize any person solely because they enrolled in the registry program. The subdivision also states that for any medical review for patients using medical marijuana, the medical marijuana is equivalent to the authorized use of any medication from a physician or registered nurse and does not constitute an illicit substance to disqualify the patient from medical care. Patients can present their verification of enrollment for medical marijuana as part of their explanation if an employer requires drug testing. Lastly, the subdivision states that unless a person creates unreasonable doubt, a person enrolled in the medical cannabis program cannot be denied access to their minor child.

On January 5, 2023, 33 members of the Minnesota House of Representatives authored a House Fill 100, a bill intending to establish the framework of an adult-use marijuana program in the state. This bill received multiple hearings in the House and passed scrutiny from different committees. It passed the House on April 21 with a vote of 71-59 and was presented to the Minnesota Senate on April 25. After three readings, the bill passed in the senate with a vote of 34-33 on April 28. On May 2, the House rejected the Senate’s amendments on the bill and both chambers had to harmonize the two versions of the bill and then repassed the bill on May 19, 2023 before presenting it to the governor. Governor Tim Walz signed it into law on May 30, 2023 effectively legalizing recreational marijuana in Minnesota.

In addition to establishing the state’s adult-use marijuana program, HF 100 also led to the:

• Establishment of the Office of Cannabis Management to regulate the state’s adult-use cannabis industry and enforce its cannabis laws
• Addition of over 12 new licenses for businesses interested in partaking in Minnesota’s adult-use cannabis market
• Institution of a 10% sales tax on all cannabis sales
• Removal of penalties for cannabis possession and expungement of previous convictions for cannabis possession offenses

Timeline of Сannabis Law in Minnesota

The following reflects the timeline for the changes Minnesota made to its cannabis laws.

• 2014: Governor Dayton signed SF 2470 into law, birthing Minnesota’s Medical Marijuana Act. The bill provides legal protection, fees, and penalties imposed for patients with qualifying medical conditions.
• 2015: The sale of medical marijuana began for patients registered in the state’s medical cannabis program
• 2016: HF 3142 amends provisions in the Minnesota medical cannabis program. Patients with intractable pain became eligible to receive medical cannabis. The bill also provided for videoconferencing between pharmacists and patients.
• 2017: Minnesota expands the qualifying list of medical conditions to include Post-traumatic stress disorder (PTSD).
• 2018: 2018 brought further amendments to the medical marijuana program, with Minnesota lawmakers approving sleep apnea, autism, and Alzheimer's.
• 2019: Minnesota expands the state's medical retail facilities from 8 to 16. Patients with chronic pain and macular degeneration became eligible to purchase medical cannabis.
• 2020: Extends patient's access to medical marijuana by approving curbside pick-up and home delivery. It also approved physician evaluation and telemedicine for medical marijuana patients.
• 2021: Governor Walz signed into law HF 2128, becoming law in 2022. It approves infused edibles as a means of medical marijuana delivery. Also, it permits patients 21 and older to purchase smokable cannabis and dried leaves
• 2022: Minnesota Department of Health implements HF 2128. It permits infused edibles in chewable and gummy forms. The legal sale of smokable cannabis began for qualifying patients 21 and older
• 2023: Governor Walz signs HF 100 into law and legalized recreational marijuana in Minnesota

Federal Legalization of Weed in 2023

A proposed federal legislation passed in the House in 2022 aims to decriminalize marijuana. Specifically, the Act Marijuana Opportunity Reinvestment and Expungement (MORE) delist marijuana as a controlled substance. In addition, it abolishes criminal penalties for the possession, manufacture, and distribution of marijuana. Other changes reflected in the act include:

• It substitutes all references to marijuana with cannabis.
• The act advocates for an excise tax on cannabis products produced within and outside the States. An occupational tax for cannabis export warehouses and production facilities.
• The act provides access to loans and services for legitimate cannabis businesses through the Small Business Administration.
• It restores federal public benefits and protection under immigration laws for persons with predetermined cannabis-related convictions and conducts.
• It supports publishing demographic data for cannabis businesses and their employees.
• It sets up a trust fund to support programs and services geared toward individuals, businesses, and communities affected by the war on drugs.
• It establishes a process to expunge conduct sentencing review hearings and convictions related to federal cannabis offenses.
• It mandates the Department of Education to survey the impact legal marijuana has on schools and school-aged children in states where adult-use marijuana is legal.
• It requires the National Highway Traffic Safety Administration to implement new ways of determining a motorist marijuana impairment.
• It aims to study the impact of marijuana in society and the workplace where marijuana is legal. The act mandates the Government Accountability Office and National Institute for Occupational Safety and Health to conduct the survey.

Can I Use Cannabis?

Following the legalization of recreational marijuana in Minnesota, adults aged 21 or older can buy and possess up to 2 pounds of marjuana flower (up to 2 ounces allowed in public spaces), 8 g of marijuana concentrates, and 800 mg of infused cannabis products.

Qualifying patients registered with the Medical Cannabis Program can also legally use cannabis in the state. Qualifying patients are only allowed to use cannabis in accordance with the prescriptions of the pharmacists at the Cannabis Patient Center Locations. Using beyond the prescribed dosage of cannabis is illegal and will attract penalties ranging from fines to prison sentences. Persons living with any qualifying medical conditions will only be authorized to use medical cannabis after they have registered with the Minnesota Medical Marijuana Program. A person under the age of 18 can also use medical cannabis for treatment. Still, they must have a registered caregiver who will serve as an intermediary between the dispensary and the minor. Minnesota has not legalized cannabis for recreational use. Hence, using it is illegal and is punishable under the law.

Cannabis used to be legal in the United States until it was criminalized following the establishment of the Marihuana Tax Act of 1937. Then, cannabis was banned across the country and classified as a Schedule 1 drug by the U.S. Drug Enforcement Administration. The United States prohibits the consumption of drugs under this category for medical use because of their high potential for abuse. However, some years later, cannabis started to gain popularity again, and citizens' perceptions of it began to change around the mid-1970s. States began to reduce penalties for marijuana possession, and the era of cannabis decriminalization emerged.

How The Legal Sale Of Cannabis In Minnesota Happens

The legal sale of cannabis in Minnesota takes place at licensed dispensaries across the state. However, the sale of medical cannabis is only restricted to qualified patients who have been certified to have specific medical conditions by registered physicians. These patients must also be actively registered with the Medical Cannabis Program in Minnesota. They must have paid the $200 (or $50 reduced fee) yearly fee for the existing year.

To purchase medical cannabis in Minnesota, reach out to your local dispensary and schedule a consultation with the dispensary pharmacist to certify your medical condition if you are not a current patient. Note that you can also get the medical certification from your current doctor if they are approved by the Minnesota Department of Health's Office of Medical Cannabis (OMC). After submitting your medical certification and registering with the Medical Cannabis Program, you must also complete the Medical Cannabis RegistrySelf-Evaluation if you are a first-time patient. This involves logging into your registry account and completing your patient self-evaluation form. You are required to do it before you visit the dispensary, as this is a state requirement.

If you are a current qualifying patient, simply complete the Medical Cannabis Registry Self-Evaluation before ordering medical cannabis or visiting the Cannabis Patient Center Location (dispensary). Things to take along when visiting a dispensary include:

• Valid Minnesota state-issued photo ID
• Patient registry number
• Payment for your medicine

While some dispensaries only accept cash payment, others do not but have ATMs onsite. Be sure to contact your local dispensary before visiting to find out the acceptable payment options before visiting.

The sale of hash and concentrates and marijuana paraphernalia is prohibited in the state. Minnesota banned the sale of synthetic drugs and cannabis in 2011. The forms of medical cannabis that are legal for sale in the state are vape oil, topicals, capsules, oral suspension, etc. Effective March 1st, 2022, patients registered with the state medical cannabis program who are 21 years or older can purchase dried cannabis flowers for smoking. Also, from August 1st, 2022, the Minnesota medical cannabis program approved infused edibles made as chews and gummies as a means of delivering medical cannabis to patients.

When the legal recreational marijuana sales begin in Minnesota in 2025, adults would be able to buy cannabis and cannabis products from dispensaries as long as they are 21 years or older. Cannabis delivery was also approved in the state when recreational marijuana became legal. Therefore, adults would be able to order recreational marijuana for home delivery. However, they would need to present valid IDs to prove that they are of legal age before they can take delivery of such orders.

Penalties for Marijuana-related crimes in Minnesota

Only medical marijuana is legal in Minnesota for possession, consumption, and sale in accordance with the provisions of Minnesota's Medical Cannabis Act. If any of the provisions of the law is violated, the offender may be penalized with a jail term, a fine, the confiscation of assets, or a combination of all. The law permits adults aged 21 and over to purchase and consume medical marijuana if they have any qualifying medical conditions and are registered with the Medical Cannabis Program. Likewise, minors registered with the program may also consume medical marijuana for treatment, but they may only get it through their caregivers. Below are marijuana-related crimes and their penalties.

What Are Cannabis Possession Charges In Minnesota?

The medical cannabis program in Minnesota permits registered patients to purchase and possess up to a 90-day supply of medical cannabis. However, the state’s recreational marijuana program allows adults of eligible age to possess up to 2 pounds of cannabis flower in private and up to 2 ounces in public. These adults can also legally possess up to 8 g of marijuana concentrate or 800 mg of marijuana in edible form. Possessing anything above these limits will be considered an offense. Depending on the crime, there may be a conditional discharge for first-time offenders. A drug education course may also be required. Minnesota marijuana possession laws are as follows:

• Possession of more than 2 oz. but less than 4 oz. in public is a petty misdemeanor punishable by a maximum fine of $300
• Possession of 4 oz. to 1 lb is possession in third degree, an offense punishable by up to $1,000 fine and 90 days of incarceration
• Possession of 1 - 2 lbs is possession in second degree, punishable by 1 year of incarceration and up to $3,000 in fine
• Possession of 2 lbs to 10 kg is possession in first degree, punishable by 5 years of incarceration and a maximum fine of $10,000

Illegal Marijuana Sale In Minnesota

Minnesota does not consider the transfer of up to 2 oz. of marijuana flower, 8 g of concentrate, and 800 mg of marijuana edible as a crime as long as there is no remuneration for the exchange. However, there are penalties for selling marijuana without a license in Minnesota.

• Sale of up to 2 oz. is a petty misdemeanor punishable by up to $300 in fine
• Sale of up to 8 g of concentrate or up to 800 mg of edible is a petty misdemeanor punishable by up to $300 in fine
• Sale of over 2 oz. is considered cannabis sale in third degree, an offense punishable by up to 90 days of incarceration and a maximum fine of $1,000
• Sale of over 8 g of concentrate or over 800 mg of edible is cannabis sale in third degree, an offense punishable by up to 90 days of incarceration and a maximum fine of $1,000
• Selling to a minor is a felony punishable by a 20-year jail term and up to $250,000 in fine
• Importing 100 kg of more or involving a minor in marijuana importation is a felony offense punishable by 35 years of incarceration and up to $1,250,000 in fine
• Selling within a school zone or other restricted area is a felony attracting a punishment of 15 years incarceration and a maximum fine of $100,000
• Selling 5 kg to less than 25 kg in a school zone is a felony punishable by 5 years in prison and a maximum fine of $500,000
• Sale of marijuana paraphernalia to a minor is a misdemeanor punishable by 1 year incarceration and up to $3,000 in fine

Can I Cultivate Marijuana For Non-Medical Use In My Home?

Yes. When Minnesota legalized recreational marijuana, it made it legal for adults to grow marijuana at home as long as they are 21 years or older and only grow 8 plants (only four of which are mature). The penalties for exceeding this limit are:

• Cultivating more than 8 plants but fewer than 16 plants is a civil offense punishable by a maximum fine of $500 per plant
• Growing more than 16 plants but fewer than 23 plants is cultivation of cannabis in second degree, an offense punished with 1 year of incarceration and a maximum fine of $3,000
• Growing 23 or more plants is cultivation of cannabis in first degree, an offense attracting a punishment of 5 years of incarceration and up to $10,000 in fine

Driving Under The Influence (DUI) Of Marijuana In Minnesota

A marijuana DUI is a serious offense in Minnesota. Persons caught driving under the influence of marijuana in Minnesota will face similar charges like drunk driving. The penalties are primarily determined by the number of DWI offenses the offender has on their driving record. The severity of the crime increases with repeated violations. Below are the consequences of a Marijuana DWI in Minnesota:

What Is The Legal Implication Of Driving Under The Influence Of Marijuana In Minnesota?

Medical marijuana, although legal in Minnesota, does not remove criminal or civil penalties for driving under the influence. The following are the legal implications of a marijuana DUI in Minnesota.

• A first-time marijuana DUI offense is a misdemeanor punishable with up to 90 days imprisonment, a fine of up to $1,000, and up to 180 days of license suspension.
• A second marijuana DUI offense is punishable with a minimum prison sentence of 30 days and 48 hours in a local correctional facility or community work service. The offender may also receive up to 1 year of license suspension.
• A third marijuana DUI offense is punishable with a minimum of 90 days imprisonment, and 30 days in a local correctional facility or participation in an intensive supervision probation program, and six consecutive days in a local correctional facility. The offender may also receive up to 2 years of license suspension.
• A fourth marijuana DUI offense gets a 180 days jail term, of which the offender must serve a consecutive 30 days in a local correctional facility. In place of incarceration, the law permits the offender to participate in a probation program and serve a term of six days in a correctional facility. Alternatively, the court may stagger the 180 days of jail term, but the offender must serve a consecutive 30 days sentence.
• Subsequent DUI offense is punishable with either one year in jail with 60 days in a local correctional facility, compulsory participation in a probation program, and 6 days in a local correctional facility; or staggered sentencing up to one year with 60 days in a local correctional facility. The offender may also receive an indefinite license revocation

What is Minnesota's Cannabis History?

During a short wave of decriminalization in the United States in 1976, Minnesota partially decriminalized marijuana. The state reduced the penalty for the possession of not more than 42.5 to a petty misdemeanor of a maximum $200 fine. Despite the decriminalization, medical cannabis did not become legal until May 29, 2014, when Governor Mark Dayton signed into law a bill legalizing the use of marijuana to treat Medical Cannabis Qualifying Conditions. This made Minnesota the 23rd state to legalize medical cannabis. The Minnesota House of Representatives passed the bill with 89 - 40 votes, and the Senate passed the bill with 46 -16 votes. The bill became the Minnesota Medical Cannabis Act, which provides for medical cannabis legislation.

In accordance with the Minnesota Medical Marijuana Act, the Medical Cannabis Program was created under the auspices of the Department of Health. The law also made provisions for the possession, sale, distribution, and manufacture of medical cannabis and created a task force. Qualifying patients were allowed to start registering for the Medical Cannabis Program on June 1, 2015, but the actual distribution of medical marijuana began July 1, 2015. From the time of legalization in 2014, other medical conditions have been added to the list of qualifying conditions. Intractable pain was added in 2016, and PTSD was added on August 1, 2017. Other medical conditions were added on December 1, 2019.

When Tim Walz was elected to the Governorship on November 6, 2018, he stated that legalizing cannabis can bring a new source of tax revenue if regulated appropriately. He also added that it could reduce the number of people imprisoned for drug offenses. On January 28, 2019, Senators Scott Jensen and Melisa Franzen and Representative Mike Freiberg introduced a bill authorizing persons over age 21 to grow, possess, and purchase limited quantities of cannabis. However, on March 8, 2019, Republicans in the Minnesota Senate voted down the measure to legalize recreational cannabis. Republicans also avoided creating a task force to study the issue further. Several proposals have been put up for recreational marijuana legalization, but they are still under consideration in the Minnesota House of Representatives.

Minnesota finally legalized recreational marijuana on August 1, 2023. This followed a rapid progression of HF 100 in the state’s legislature. HF 100 was introduced in January 2023 and survived multiple readings, amendments, and votes in the Minnesota House and Senate before landing on the governor’s desk. The sale of recreational marijuana is expected to begin in Minnesota in 2025.

What are Restrictions on Cannabis in Minnesota?

Until 2025 when the legal sales of adult-use marijuana begins in Minnesota, only medical cannabis is available the state, and there are some restrictions on its use and possession, including:

• Only patients with qualifying medical conditions can use medical cannabis, but they must be registered with Minnesota's Medical Cannabis Registry.
• Minors can only use medical cannabis if certified to have certain qualifying medical conditions, but they cannot get it, except through their caregivers.
• Home cultivation of cannabis is illegal.
• Driving under the influence of cannabis is illegal.
• Carrying out any task under the influence of medical cannabis that would result in negligence or professional malpractice is illegal.
• Transporting cannabis across state lines is illegal and is considered drug trafficking under federal law; even if cannabis is legal in the state, it is being transported.
• Consuming cannabis in any place that smoking is illegal is prohibited. This prohibition includes (but is not limited to bars, restaurants, public buildings, and areas within 15 feet of doors and ventilation openings.
• Consuming medical cannabis on federal property is illegal.

Certain restrictions apply on the locations medical cannabis can be used and possessed. Medical cannabis cannot be used:

• On the grounds of any preschool, primary school, or secondary school
• On a school bus or van
• In any correctional facility
• On the grounds of any child care facility or home daycare

Also, medical cannabis cannot be vaporized:

• On any form of public transportation
• Where a nonpatient minor child may inhale the vapor
• In a public place, including any indoor or outdoor area open to the general public
• In a place of employment