Minnesota Marijuana Possession Laws

Is Possession of Marijuana Legal in Minnesota?

In Minnesota, the use of marijuana is legal for medical and recreational purposes. Minnesotans received authorization to use medical cannabis through legislative action in 2014 after Gov. Mark Dayton signed SF2470. Subsequently, the bill became codified and incorporated into Minnesota Statutes between Sections 152.22 and 152.37.

The state also legalized recreational marijuana on August 1, 2023. Governor Tim Walz signed House File 100, the bill proposing the legalization of adult-use cannabis in Minnesota, into law on May 30, 2023. While residents of the state can now possess marijuana for personal use, recreational dispensaries are unlikely to be licensed before 2025.

How Much Weed Is a Felony in Minnesota?

The first cannabis-related offense classified as a felony in Minnesota is the importation of 100 kg of marijuana, or using a minor to import any amount, into the state. If found guilty, the offender will be punished with a prison term up to 35 years as well as up to $1.25 million in fines.

What Are the Penalties for 1st Time Offense of Possession of Weed in Minnesota?

Minnesota's cannabis law allows for conditional release or diversion sentencing for first-time offenders convicted of cannabis possession. This usually means that the offender is offered probation rather than trial and the offense is struck off their criminal record. The judge may also recommend a drug education course for a first-time offender.

Where to Buy Legal Weed in Minnesota

The Office of Medical Cannabis provides a map of all licensed medical cannabis dispensaries in Minnesota. When Minnesota licenses recreational marijuana dispensaries, adults aged, 21 and older, can also buy weeds from those dispensaries.

How Old Do You Have to Be to Buy Weed in Minnesota?

Patients and caregivers registered in Minnesota's medical marijuana program must be 18 years or older to legally buy marijuana. Parents and designated caregivers of patients under the age of 18 must help such patients purchase and administer cannabis.

However, Section 152.29, Subdivision 3(e) of the Minnesota Statutes forbids licensed distributors from selling dry raw cannabis to adults under 21. Adults between the ages of 18 and 20 can only buy cannabis in the form of tablets, liquids, or vaporized cannabis.

When Minnesota’s adult-use marijuana program finally kicks off, those visiting recreational cannabis dispensaries must be at least 21 years old.

How Much Weed Can You Carry in Minnesota?

Minnesota laws limit the number of cannabis patients enrolled in the state’s medical marijuana program can carry at any time. Under Minnesota Statutes Section 152.29 Subdivision 3(c-6), participants can purchase a 90-day supply of marijuana from licensed cannabis retailers.

Furthermore, Chapter 4700.1750 Subpart 3 of the Minnesota Administrative Rules defined the quantity as equivalent to the specified 90-day supply. According to the rules:

• The 90-day supply must not exceed 450 grams of cannabis.
• Individuals whose 90-day needs surpass the prescribed 450 grams of cannabis must obtain a certifying physician's approval.

For personal use, Minnesota rules that its residents cannot possess more than 2 ounces of cannabis in public. In private, they may possess up to 2 lbs. Of weed.

What Happens if You Get Caught With Weed Under 18 in Minnesota?

Minnesota’s medical marijuana laws did not recommend applicable punishments for minors under 18 years caught in possession of weed. The state centralizes and regulates almost every stage, from production to distribution. As a result, the chances of weed finding its way to a minor are slim.

However, Minnesota did pass laws recommending punishments for offenders caught selling weed to minors. Section 152.023 Subdivision 1 finds anyone who sells more than 42.5 grams of cannabis to a minor guilty of a third-degree controlled substance crime. The maximum penalty applicable is a jail term of up to 20 years. There may be an additional punishment of a fine not exceeding $250,000.

How Many Marijuana Plants Can You Have in Minnesota?

Minnesota only allows home cultivation of marijuana for adults aged 21 or older. When it legalized recreational marijuana in August 2023, the state allowed eligible adults to cultivate up to eight cannabis plants in enclosed spaces at home and for personal use. Only four of the eight plants can be mature at any time.

How Much Weed Can You Fly With from Minnesota?

It is illegal to travel with marijuana across state lines because it is still a Schedule I controlled substance under federal laws. As a result, traveling across state lines with marijuana, even those obtained for medical purposes, is a felony.

However, per the Transportation Security Administration (TSA), travelers can fly with a limited amount of medical cannabis. According to the agency, travelers can board flights with medical marijuana and other cannabis-based products if the THC content is less than 0.3 percent. TSA officers will report offenders caught with more than the permitted quantity to local law enforcement.

Additionally, Minnesota laws prohibit flying into the state with marijuana and other controlled substances. This offense is a felony, with the offender facing up to 35 years and up to $1,250,000 in fines.

Is It Illegal to Be High in Public in Minnesota?

There is no law prohibiting being high in public in Minnesota. Minnesotans who are high can go about their business in public. The state does have laws protecting public peace and endangerment. Persons who threaten public safety under the influence of marijuana face severe penalties.

While there are no laws prohibiting being high in public, the state prohibits participants in its medicinal marijuana program from vaporizing or smoking cannabis in public.

• Section 152.23(3) of Minnesota Statutes prohibits the smoking and vaping of marijuana in specified locations. The exempted places include public transportation, spots where there are minors, any public space, and places of employment.
• Subsection 4 of Section 152.23 of Minnesota Statutes also mandates residents not to operate any motor vehicle, aircraft, or train while under the influence of cannabis.
• Section 169A.51(1) of the Minnesota Statutes states that operating motor vehicles implies that drivers consent to field sobriety tests for marijuana use. As a result, officers can request any driver suspected of driving while impaired, owing to marijuana use, to undergo this test. Persons who fail to submit to this test have their licenses revoked immediately.

State laws prescribe punishments for persons confirmed to be driving under the influence of cannabis (DUI).

• Section 169A.27(2) of the Minnesota Statutes classifies a first violation for driving under the influence of marijuana as a misdemeanor. The offender faces up to 90 days in jail and up to $1,000 in fines. Additionally, the authorities must seize the offender’s license for up to 180 days.
• Minnesota laws also recommend punishing a second DUI offense within 10 years of a previous conviction with one of two penalties. The offender may serve a jail term of up to 30 days. Alternatively, the court may impose eight hours of community service per day for a set number of days.