Cannabis is legal for recreational and medicinal use in Minnesota. Understanding the state’s legislation is important for any individual or business in the state.
Cannabis Legality in Minnesota
The Office of Cannabis Management establishes the regulatory framework for all commercial matters, barring exemptions for tribal nations that maintain sovereignty over the issue.
Medical Cannabis in Minnesota
Medical cannabis use became legal for adults and children under the supervision of a guardian in 2014. Today, there are 19 conditions that qualify patients for medical cannabis in Minnesota. Patients with any other condition can receive approval for medical cannabis from the state’s Commissioner of Health. Veterans follow separate certification processes to qualify for medical cannabis.
The state sanctions two medical cannabis manufacturers that may each operate one manufacturing facility and eight distribution sites. Patients may purchase cannabis from these distribution sites or any Tribal medical cannabis program manufacturer.
Recreational Cannabis in Minnesota
Governor Tim Walz legalized recreational cannabis in Minnesota in 2023. Minnesota Statutes Chapter 342 legalizes possession, transportation, use and cultivation in the state. Adults ages 21 and older may possess or transport cannabis, use it in a private residence, cultivate the plant at home or gift legal quantities to other adults ages 21 and older.
The following recreational cannabis limitations apply to individuals in Minnesota:
- Flower possession in a private residence: 2 pounds.
- Flower transportation or possession in public spaces: 2 ounces.
- Concentrate possession or transportation: 8 grams.
- Infused edibles possession or transportation: 800 milligrams.
- Cultivation: Eight plants with no more than four flowering at a time.
Cannabis Laws for Businesses in Minnesota
Minnesota’s businesses must follow state requirements regarding the use and sale of cannabis products.
Cannabis on Business Property in Minnesota
Minnesota prohibits public cannabis consumption. However, businesses may request a license to host a cannabis event permitting on-site consumption. Consumers may not smoke or vaporize cannabis indoors on business or public property.
Cannabis Sales in Minnesota
Minnesota offers 13 types of licenses for cannabis businesses. Retailers may operate out of a maximum of five locations in the state. Various laws apply to the design, manufacturing, packaging and marketing of cannabis and hemp-derived products.
Businesses in Minnesota and those outside of Minnesota who sell to Minnesota residents may sell hemp-derived cannabinoid products after registering with the state. Such products include THC beverages, edibles and topicals. Bars and restaurants with an on-sale alcohol license may sell low-potency hemp products, such as THC seltzers and edibles.
There is no tax on the sale of medical cannabis products. A 10% sales tax applies to recreational cannabis products in addition to state and local taxes.
Common Cannabis Questions for Minnesota Residents and Visitors
Consider answers to these questions as an overview of Minnesota cannabis law:
- Is cannabis decriminalized in Minnesota? Individuals may receive a criminal penalty for exceeding Minnesota’s cannabis limitations.
- Is medical cannabis legal in Minnesota? Yes. Minnesota residents can receive a medical license from qualifying medical practitioners.
- Can you grow cannabis in Minnesota? Yes. Residents may grow up to eight cannabis plants at home. Only four of the plants may flower at once.
- Is CBD oil legal in Minnesota? CBD products are legal in Minnesota, given proper testing and labeling.
- Can employers test workers for cannabis in Minnesota? Employers have limited ability to test workers and applicants for cannabis.
Commercial Cannabis Lawyers in Minnesota
Harris Sliwoski is a legal firm that holds cannabis law as a primary focal point. The attorneys at our Minneapolis offices can help you understand your rights under new and evolving cannabis laws. Please contact us online to schedule a consultation.
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