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:
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 dispensaries in Minnesota. However, in 2021, the legislature passed a bill allowing patients to use whole-plant (flower) cannabis for medical purposes.
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:
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:
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:
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:
The following reflects the timeline for the changes Minnesota made to its cannabis laws:
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:
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.
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.
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 a local dispensary. Things to take along when visiting a dispensary include:
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.
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.
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:
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.
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:
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:
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.
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.
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:
Certain restrictions apply on the locations medical cannabis can be used and possessed. Medical cannabis cannot be used:
Also, medical cannabis cannot be vaporized: