Everything You Need to Know About Minnesota’s New Marijuana Law

On August 1, 2023, Minnesota became the 23rd state to legalize recreational marijuana for adult use.

Governor Tim Walz signed the bill into law, which allows adults 21 years or older to purchase, possess, and grow cannabis. Additionally, those with certain marijuana convictions will have their records effectively expunged.

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What Does Minnesota’s New Marijuana Law Say?

Recreational marijuana is legal for adults 21 years or older.

Those under 21 are not allowed to participate in the adult-use market. They may only purchase or consume cannabis products if they have a medical card and if they are under 18, are being overseen by a registered caregiver.

Public use may still be limited based on your city, but this will vary depending on your location in the state.

According to the Minnesota Department of Health, “synthetic cannabinoids” or other artificially derived cannabinoids (other than delta-8 or delta-9 THC) are prohibited. This includes cannabinoids such as THC-P, THC-O, and HHC.

As of May 31, 2023, lower-potency hemp edible products or beverages may only be sold in Minnesota to people aged 21 or older. The new law also requires sellers to register with the state by October 2023.

Possession Limits

In Minnesota, according to the new law, HF 100,  a person age 21 or older may:

• Use, possess, or transport cannabis paraphernalia.
• Possess or transport up to 2 ounces of cannabis flower in public.
• Possess up to 2 pounds of cannabis flower in a person’s private residence.
• Possess or transport up to 8 grams of adult-use concentrate.
• Possess or transport edible cannabis products or lower-potency hemp edibles infused with 800 milligrams or less THC.
• Give away cannabis flower and products to a person 21 or older in an amount legal to possess in public.

Cultivation

The recreational cannabis bill HF 100 also permits Minnesotans 21 years or older to cultivate up to eight cannabis plants with no more than four mature plants.

All plants must be kept in an enclosed, locked space, not in public view.

Products Allowed

All cannabis products are legal for adult use in Minnesota, which includes flower, concentrates, and edible cannabis products such as candy or beverages.

Tax Revenue

Taxes from adult-use marijuana sales in other states are often used to fund education, public health initiatives, and law enforcement.

According to Senator Lindsey Port in an interview with MPR News, “…the tax rate is at 10%, and 20% of that goes to local communities… to help with enforcement, public health… The rest of it goes into the general fund to continue to build our state’s ability to provide the services that our residents need.”

Where to Buy Marijuana in Minnesota

Although recreational marijuana is legal, it takes time for state-licensed infrastructure to catch up and serve the public.

Only one recreational dispensary opened for adult-use sales on August 1, 2023. It could do so because it operates on indigenous land in Red Lake, MN. Retail sales are not expected to kick off in earnest across the state until 2024.

If you are a medical marijuana patient with a medical card, you can buy cannabis products from medical dispensaries in Minnesota. This may be your best bet until more dispensaries open for adult-use sales across the state.

How Minnesota’s New Marijuana Law Affects Employers

The new law that legalized adult use also amended Minnesota’s Consumable Products Act (CPA), which prohibits employers from disciplining or discharging employees (or refusing to hire applicants) who use “lawful consumable products” outside of work.

Lawful consumable products include:

• Food.
• Alcoholic or nonalcoholic beverages.
• Tobacco.
• Cannabis flower.
• Cannabis products.
• Lower-potency hemp edibles.
• Hemp-derived consumer products.

While employers are not allowed to administer drug tests for cannabis on a “capricious or arbitrary” basis, there are certain exceptions to this amendment where employers are permitted to drug test their employees.

For example, employers are allowed to test their employees if they are in one of the following positions:

• Safety-sensitive position.
• Peace officer.
• Firefighter.
• A position requiring a commercial driver’s license or requiring an employee to operate a motor vehicle for which state or federal law requires drug or alcohol testing of a job applicant or an employee.
• Position of employment funded by a federal grant.
• Any other position for which state or federal law requires testing of a job applicant or an employee for cannabis.
•  A position requiring face-to-face care, training, education, supervision, counseling, consultation, or medical assistance to:
  • Children.
  • Vulnerable adults.
  • Patients who receive health care services from a provider for the treatment, examination, or emergency care of a medical, psychiatric, or mental condition.

How Does This New Law Affect Medical Marijuana Patients?

There are many benefits of having your medical cannabis card, even though recreational cannabis is now legal in Minnesota, including savings and accessibility.

Medical card holders do not pay additional taxes on their products, nor does the state require a patient registration fee to obtain a certification. This can save you a lot of money in the long run.

And as seen in the chart below, many more medical dispensaries are open and operational across Minnesota.

Since recreational cannabis sales are just beginning, almost no dispensaries serve the general public for adult-use sales. Obtaining a medical card will make cannabis products far more accessible for now.

Though recreational cannabis is legal, Minnesota residents still have many limitations. There’s no need to drive hundreds of miles to access cannabis products when you have a medical marijuana certification.

Get a medical marijuana card with Leafwell to quickly and easily get certified so you can save money on taxes and access cannabis products in various dispensaries across the state.

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