Recreational cannabis is now legal in Minnesota. Here’s what we know

Cannabis has now become legal in Minnesota, allowing adults aged 21 and older to possess and use it for recreational purposes.

The first marijuana dispensary is now open in Red Lake, selling and providing recreational use for people in central northern Minnesota.

Here’s the current information we have regarding the legalization of recreational marijuana in Minnesota. Please revisit for any further updates.

In 2014, Minnesota legislators passed a bill that legalized the restricted utilization of certain types of medicinal cannabis, and products were made accessible in 2015. Under this initiative, oils, pills, and other non-smokable variations were introduced. In 2021, the inclusion of leaf form was sanctioned for this particular program.

In 2022, Minnesota authorized the sale and consumption of consumables containing limited quantities of THC derived from hemp.

Nearly united with a handful of Republicans joining, the Democratic favor in the vote, the Legislature passed the bill earlier that month. On May 30, Gov. Tim Walz signed an expansive cannabis legalization bill into law, allowing recreational use of cannabis for adults 21 and older, starting on Aug. 1.

At what time and in what locations will recreational dispensaries be available?

In the beginning of 2025, according to certain estimations, it is anticipated that they will not commence operations for a minimum of one more year. Consequently, the state devises a licensing framework for these establishments, resulting in the delay of dispensaries’ openings.

Dispensaries should be allowed to function autonomously, without being bound by state legislation and rules, which implies that 11 Native American tribal nations possess sovereignty. Nevertheless, tribal authorities are not required to adhere to Minnesota’s licensing system and can proceed independently.

The first recreational marijuana dispensary, called NativeCare, has opened on August 1st on the central north side of Red Lake Nation in Minnesota. It will be able to serve anyone over the age of 21, both non-members and members of the band, since April, providing medical marijuana.

A building with a sign that reads nativecare-3

The Mashkiki Waabigwan dispensary, located in Mahnomen on the White Earth reservation in northern Minnesota, has been developing its growing program and was approved for medicinal cannabis in 2020. In the same year, the White Earth Nation became the second state’s reservation to begin selling recreational cannabis.

The facility includes two drying rooms, a processing room, a closed room, and a nursery. The facility, referred to by locals as the “factory,” is where the locally grown Earth White cannabis is sold behind the dispensary, approximately 100 yards away from the old potato-chip factory, spanning 30,000 square feet.

Earth White Chair Michael Fairbanks told MPR News that Earth White may soon enter into agreements with other tribal nations across the state to supply cannabis products to retail outlets.

White Earth confirmed that Minnesota is negotiating a compact with other tribal nations, allowing tribes to operate dispensaries off-reservation.

What am I allowed to possess and engage in legally?

While Minnesotans do not have widespread access to recreational dispensaries to purchase cannabis, they are permitted to possess, utilize, and cultivate it.

Possessing more than two ounces of cannabis in public is no longer considered a crime, and individuals will be able to grow up to eight marijuana plants. Additionally, they will also be allowed to have up to two pounds of cannabis and 800 milligrams of THC in edibles, as well as up to eight grams of cannabis concentrate.

Adults 21 and above are not allowed to use it on public school premises, but there are restrictions. It is prohibited to use it in areas where a minor may inhale smoke or vapor, where smoking is generally not allowed, or while operating a vehicle or boat.

Without a license, the selling of the product could result in escalating financial and criminal sanctions as it is being sold illegally.

It is lawful to provide marijuana to an individual 21 or above without charge.

Numerous people prearranged to establish their personal home cultivation systems, allowing them to initiate the growth of marijuana at their homes starting on August 1st.

four marijuana plants are seen

How can I purchase marijuana seeds?

The process of testing has lagged since it started, but it has not yet been able to state the claim they make on a label. According to state law, businesses that sell cannabis seeds are required to occasionally undergo testing to verify the information about their stacks of seeds.

Michael Merriman, the seed regulatory supervisor, stated that at the division responsible for state plant protection, they mandate the labeling of products with a test that can validate the claims made on the labels. However, in the state of Minnesota, they have yet to commence the acceptance of products for testing. This measure is implemented to safeguard the consumers of seed within the state.

According to Merriman, approximately 30 companies have currently submitted applications for state licenses to classify marijuana seeds. Minnesotans can lawfully purchase cannabis seeds that have been labeled in other states. Merriman claims that certain vendors, who wish to promptly provide a larger selection of seeds grown in Minnesota, are feeling disheartened.

Merriman stated, “and it’s difficult to think that people in-state will be able to actually start selling and growing plants, as we’re still waiting on the rules from the Office of Cannabis Management to get established.”

Walloch, the co-founder of CannaJoy, a Minneapolis-based seed bank, stated that the company will soon start selling cannabis seeds and will also offer home growing classes. It is now widely accepted to openly share best practices, even though growing cannabis at home used to be considered illegal.

Walloch stated, “It will be crucial to assist in disseminating that information to others. We believe that now that we have all emerged from our separate, isolated compartments scattered everywhere.”

What is the taxation percentage on marijuana in Minnesota?

This is a lot lower in places other than where it is legally sold. Adults in Minnesota have to pay a 10 percent tax when buying retail cannabis products, including seltzers and gummies.

Eighty percent of the expected proceeds will be used to regulate state costs, while the remaining twenty percent will be allocated to local governments.

Taxes issued by the tribal government are exempt, although they might encompass items sold on tribal territory. The Red Lake Nation, which does not impose any taxes, is already receiving all the profits directly.

How will the government oversee the lawful marijuana sector?

The Office of Cannabis Management will establish industry standards that prohibit the use of packaging that could be appealing to children and limit personal and set limits. The amount of money generated from cannabis sales taxes will flow into the state’s general fund, with $17.9 million expected next year, followed by $21.6 million this year.

The authors of the marijuana medical law say that dispensaries are expected to remain open for around 18 months to a year, but it is anticipated that the license for marijuana dispensaries will eventually be extended.

The state board is responsible for funding startup initiatives for new cannabis producers and retailers. They will also allocate funds for training evaluators to detect potential impairment in roadside testing for cannabis, as well as for research on low levels of marijuana charges prior to expunging. Additionally, the board will use money to support drug awareness campaigns and public health initiatives.

In late July, Charlene Briner, the temporary director of the Minnesota Office of Cannabis Management, stated that the office is planning to hire experts for technical assistance, licensing, and inspections. Additionally, they aim to hire between 125 to 100 people. It is crucial to acknowledge that there is a significant amount of work that needs to be accomplished.

As per his office, Gov. Tim Walz plans to designate an executive director for the state’s recently established Office of Cannabis Management by the beginning of autumn.

How will authorities oversee the detection of impaired driving related to cannabis?

Using cannabis products while driving is still illegal. The same rule applies to having readily accessible marijuana in a moving vehicle.

According to Colonel Matt Langer, the head of Minnesota State Patrol, “Operating a vehicle while under the influence, regardless of the substance you have consumed, is illegal.”

Minnesota aims to significantly increase the number of officers proficient in drug recognition evaluation, or DRE, by certifying an additional 100 DREs in the coming year, with the ultimate goal of reaching 500. Currently, the State Patrol and local law enforcement agencies employ around one-third of the existing 300 DREs in the state as of July.

If someone is told to take a standard breath test, there is no threshold limit set above 0.08 percent for alcohol, like there is for marijuana.

Video footage and officer observations, the enforcement of driving while under the influence (DWI) for marijuana will heavily rely on squad or body cameras, but currently, that cannot be used as evidence. Minnesota is planning to embark on a yearlong experiment in September to test the effectiveness of an oral fluid test in detecting marijuana.

According to Langer from the State Patrol, “The roadside exchange and the behavior behind the wheel are extremely important when it comes to drug-impaired driving.” “We need to establish impairment, not just the mere existence,” cannabis stands out in this regard.

Am I allowed to carry marijuana in my vehicle?

Langer also stated that people need to be aware of how the cap, weighing two ounces, is moving around in public possession.

“You can’t open your console if it’s cracked; it’s as simple as that,” said Langer. “If you are in the farthest point away from your home, you can only transport it that way because of the open-container law, so you need to pay attention to it. Starting from August 1, it will be legal to transport a certain amount of beer, like a 12-ounce can, in ziplock baggies. And if you’re growing it at home, you can just transport it in those baggies.”

In simpler terms, keep it in the trunk, not in the glove compartment.

On August 1, state Representative Zack Stephenson, a member of the Democratic-Farmer-Labor party from Coon Rapids, informed MPR News that he sponsored the bill, which makes it against the law to transfer it between different states.

Minnesota will have a regulated and legal market for cannabis, where all the cannabis that is sold once grown here in Minnesota has a practical impact. This means that you can’t move across state lines with it, as cannabis is still illegal at the federal level.

Will the regulations and sales of recreational marijuana differ from one city to another?

At least 10 cities and towns in Minnesota are either adopting or considering adopting similar measures. Local municipalities have the option to temporarily limit recreational marijuana sales until January 1, 2025.

Some decisions are made about where pot can be sold and used by municipalities. There are also local zoning ordinances that apply. Local governments will also be able to limit the number of retail shops tied to their population.

According to Kyle Hartnett, the assistant research manager at the League of Minnesota Cities, municipalities are currently grappling with the decision of whether or not to impose restrictions on the usage of cannabis within their jurisdiction. They are deliberating on whether or not to enact a local law that would classify the public use of cannabis as a minor offense. Cities have the legal authority to permit the public use of cannabis.

Similar regulations are currently under deliberation by municipal authorities in Duluth, Alexandria, Minnesota, and Detroit Lakes, Minnesota. These restrictions would mirror the guidelines pertaining to smoking in public areas.

And then there are longer-term decisions regarding the locations where retailers can establish their businesses, according to Hartnett.

“Hartnett said that cities are pondering inquiries such as, ‘Will we have manufacturers and processors?’ ‘Where will the dispensaries be located?’ And ‘Where will these businesses be established within our city?'”

Hartnett said that the law allows cities to limit the number of retailers to at least one dispensary for every 12,500 people in the city, for example.

Can employers forbid the usage of cannabis by their employees?

In June, state Senator Lindsey Port, a member of the Democratic-Farmer-Labor Party from Burnsville and the sponsor of the bill, shared with MPR News the following statement:

If you drive a school bus or a truck, or if you provide medical care for patients or care for children, then your employer can still require you to continue regular drug testing. We have a specified group of safety-related jobs, and those are listed in the bill.

If you have a job outside of working in a warehouse, manufacturing, or retail, you are able to use cannabis during your free time and it does not have any safety-related implications.

If you arrive at work under the influence of marijuana, it is possible for you to lose your job, and your employer has the right to enforce this rule. Similarly, you are not allowed to appear at work while intoxicated with alcohol, just as your employer can prohibit it.

Will criminal records related to cannabis be pardoned?

For individuals who had previously violated the law, those previous convictions related to marijuana may be reevaluated.

Authorities in Minnesota say that in some instances, they are working with national criminal databases because they expect low-level offenses, such as having a small amount of drugs in your possession or a minor car offense, to require some time to be processed, starting in August.

These beliefs frequently appear on background screenings for jobs, housing, or other affairs.

A recently established committee will offer a simpler route for examination of documents and possible erasure for individuals with more intricate situations — those in which the cannabis accusation occurred alongside another transgression.

Cases involving substantial violence, hazardous weapons, or other significant danger likely will not meet the requirements.

The objective is to complete a significant amount of this task within a timeframe of eight to 12 months.

There are a total of 9,818 individuals who have been officially convicted. The records encompass instances where a case was successfully resolved or dismissed, charges were dropped, and arrests were made. According to the state Bureau of Criminal Apprehension, approximately 66,000 individuals with misdemeanor marijuana records are eligible for automatic expungement this spring, as reported by MPR News.

The BCA also predicts that 230,000 felony marijuana records would qualify for examination, with 83,909 of them being convictions.

According to the Minnesota Department of Corrections, there were eight individuals confined in Minnesota’s state penitentiary system whose sole ongoing sentence is for possessing marijuana, as of April 20. It remains uncertain as to whether and in what manner the legalization of marijuana in Minnesota would affect individuals who are currently incarcerated for marijuana offenses.

Will hemp-based THC products disappear?

Minnesotans will still have the ability to use and sell hemp-derived THC products that were legalized in 2022. The new law permits liquor stores to sell hemp-derived edibles.

The state of Minnesota was the first to make changes to its existing THC rules, allowing the use and sale of alcoholic beverages that already contained hemp-derived THC. Additionally, the state also legalized recreational marijuana for adults 21 and older, with the law taking effect on August 1.

During the identical visit, establishments are unable to provide an individual with both alcohol and THC products. However, an impending revision restricts the usage of hemp-derived THC products and marijuana to individuals aged 21 and above. Lawmakers have enacted fresh regulations that provide a clearer definition of what restaurants, bars, and breweries are allowed to offer in an effort to establish certain boundaries this year.

The suggested modifications are not planned to be implemented until 2025, but certain businesses are already implementing alterations or discontinuing the products.

Does this affect the state’s medical cannabis program?

The state’s medical cannabis program will persist.

If it is unclear currently, Minnesota’s medical marijuana providers Vireo Health and Leafline Labs — Green Goods and RISE — will also be able to get licensed faster or easier than new companies if they enter the recreational cannabis business. It has been the case in other states when or if it’s not clear.

The program’s eligibility requirements encompass cancer, persistent pain, sleep apnea, and PTSD. Starting from July 1, Minnesotans can continue to register for the state’s free medical cannabis program, without the need to pay an annual enrollment fee.

Several modifications to the medical cannabis program of the state will commence on March 1, 2025.

Will marijuana be permitted at the Minnesota State Fair in 2023?

No, the fair will ban the use of marijuana on its premises this year. Just like a local government, the fair possesses legal independence and can establish restrictions within its jurisdiction.

Moreover, Renee Alexander, the Chief Executive Officer of the State Fair, mentioned in a conversation with MPR News in July that this signifies no smoking — at least temporarily.

She stated, “We will allocate a certain period for this matter. Currently, we are not progressing with any form of transactions or anything in regards to cannabis. Therefore, we will adhere to those instructions similar to how other public establishments will. The consumption of marijuana is still forbidden in public areas, it remains prohibited.”

Alexander stated that marijuana use and consumption may be permitted at the fair in the future, as the State Fair board may consider revising the rules in 2023.