A new law enacted at the end of the 2023 legislative session legalizes adult–use cannabis in Minnesota beginning Aug. 1. Find below some frequently asked questions, compiled by our friends at the League of Minnesota Cities:
WHAT DOES THE NEW LAW DO?
Possession, use, and home growth will be legal beginning Aug. 1, 2023. Legal sales are expected to begin in January of 2025.
HOW MUCH CANNABIS CAN A PERSON LEGALLY POSSESS?
This law allows a person of 21 years of age or older to:
- Use, possess or transport cannabis paraphernalia.
- Possess 2 ounces or less of cannabis flower in a public place.
- Possess 2 pounds or less of cannabis flower in a person’s residence.
- Possess or transport 8 grams or less of adult-use cannabis concentrate.
- Possess or transport edible products infused with a total of 800 milligrams or less of tetrahydrocannabinol.
- Give away cannabis flower and products in an amount that is legal for a person to possess in public.
The law authorizes an individual to use adult-use cannabis flower and adult-use cannabis products:
- In a private residence including the individual’s curtilage or yard.
- On private property, unless the owner of the property prohibits the use of the products.
- On the premises of an establishment or event licensed to permit on-site consumption.
CAN A PERSON GROW THEIR OWN CANNABIS?
The law authorizes a person to cultivate up to eight cannabis plants, of which four or fewer may be mature, flowering plants provided that it is in an enclosed, locked space that is not open to public view.
DOES THE CLEAN INDOOR AIR ACT APPLY TO CANNABIS PRODUCTS?
A person may not use cannabis flower, cannabis products, or hemp-derived consumer products in a manner that involves the inhalation of smokes, aerosol, or vapor at any location where smoking is prohibited under the Clean Indoor Air Act.
WHY CAN’T CANNABIS BE SOLD NOW?
Cannabis will not be able to be sold until the Office of Cannabis Management is established and able to issue licenses. Communication from state agencies indicate an intended timeline of January 2025 for when sales will be live to the public. Before beginning sales, a cannabis retailer must obtain a local retail registration. Any business attempting to sell cannabis products before licenses are issued should be reported to the Department of Health.
IS IT A CRIME TO USE CANNABIS PRODUCTS WHILE OPERATING A MOTOR VEHICLE?
It is a misdemeanor for a person to use cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, or any other product containing an artificially derived cannabinoid in a motor vehicle when the vehicle is on a street or highway.
IS IT A CRIME TO POSSESS CANNABIS PRODUCTS IN A MOTOR VEHICLE?
Beginning Aug. 1, 2023, a person may be charged with a misdemeanor if they possess cannabis products in a motor vehicle on a street or highway if the products meet any of the following conditions:
- Do not meet the packaging requirements set in statute.
- Have been removed from the packaging in which they were sold.
- Are in packaging that has been opened, or the seal has been broken.
- Are in packaging in which the contents have been partially removed.
It is not considered a crime if the cannabis products are in the trunk of the vehicle or in another area of the vehicle not normally occupied by the driver and passengers if the vehicle is not equipped with a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.
ARE PRIOR CONVICTIONS FOR CANNABIS USE EXPUNGED?
Certain cannabis-related convictions will be expunged by the Bureau of Criminal Apprehension. Upon receipt of a notice of expungement, cities are required to seal all records related to the expungement, including the records of the person’s arrest, indictment, trial verdict, and dismissal or discharge of the case.
Certain felony convictions will be reviewed by the Cannabis Expungement Board to determine what, if any, action should be taken related to a prior conviction.
For more information, visit https://www.lmc.org/resources/adult-use-cannabis-what-cities-need-to-know/#Q1