Key Takeaways
- Weed is legal in Minnesota for recreational use, with a possession limit of 2 ounces outside of your residence and 2 pounds inside your residence.
- Minnesota has a medical marijuana program for qualifying patients, and flower has been available since March 2022. There is a possession limit of a 90-day supply for medical patients.
- You can grow up to eight plants as a recreational user, with up to four of these being mature, flowering plants.
Weed is now legal for both recreational and medical use in Minnesota. Medical patients are permitted to possess up to a 90-day supply of marijuana, with flower being an option on the program since March 2022.
For general adult use, possession of up to 2 ounces of cannabis is legal under Minnesota weed law, and you can have even more inside your own home. Here’s what you need to know about marijuana laws in Minnesota.
Is Weed Legal in Minnesota?
Weed is legal in Minnesota for recreational use as of August 2023, and qualifying patients can also access weed legally through the state’s medical marijuana law.
Is Recreational Weed Legal in Minnesota?
Weed is legal for recreational use in Minnesota.
The state legalized cannabis from August 2023 through a bill passed a few months prior. This bill made it legal for adults aged 21 or over to possess up to two ounces (56.7 g) of cannabis outside of their home and keep up to two pounds (907 g) of cannabis inside their home.
Additionally, the law states that adults can possess up to 8 grams of concentrate and have cannabis (or hemp) edibles with 800 mg or less of THC in total.
You can also give away cannabis to another adult up to the possession limit for outside the home, and grow up to eight plants, with up to four of them being mature.
Penalties for Excess Possession
If you’re caught in possession of more cannabis than you’re legally allowed to have, Minnesota weed laws depend on exactly how much you have. The punishments are:
- For over two ounces but less than four (out of your home), it’s a petty misdemeanor, punishable by a fine of up to $300.
- For over four ounces but less than a pound (again out of your home), the punishment is up to 90 days imprisonment and/or a fine of up to $1,000.
- For over a pound but less than two (out of your home), you can get up to 364 days imprisonment and/or a fine of up to $3,000.
- For larger amounts, up to 10 kg, the punishment is up to 5 years imprisonment, a fine of up to $10,000, or both.
- For amounts beyond 10 kg, up to 25 kg, the punishment increases to up to 20 years imprisonment, a fine of up to $250,000, or both.
- For amounts from 25 kg to 50 kg, the punishments can increase up to 25 years’ imprisonment, a fine of up to $500,000, or both.
- For amounts beyond 50 kg, the maximum prison time increases to 30 years and the fine can reach up to $1,000,000.
Is Medical Marijuana Legal in Minnesota?
Medical marijuana is legal in Minnesota, following the passage of the Minnesota Medical Cannabis Act in 2014.
Originally, this legislation only allowed for oral forms of cannabis (such as capsules or oils) or vaporizer cartridges, essentially outlawing cannabis flower and smoking more generally.
However, patients have been able to purchase flower on the Minnesota medical marijuana program since March 2022.
Patient Possession Limits
According to Minnesota medical marijuana law, patients can possess up to a 90-day supply based on the dosage needed by the patient.
This means there isn’t really a specific “limit” to the amount you can have, in terms of a defined number of ounces, but it depends strongly on what your physician thinks is appropriate.
However, dispensaries are not permitted (page 1018/12 of 60, Subp. 4) to sell more than 450 g per visit to any person, and you can’t buy more than your 30-day supply in a 23-day period.
How to Get a Medical Marijuana Card in Minnesota?
The process for getting a medical marijuana card in Minnesota is similar to other states with medical marijuana programs.
However, there is no physical card in the state, but you need to be registered in the same way.
Firstly, you need to get certified by a Minnesota-licensed physician, physician assistant or advanced practice registered nurse (APRN). This basically means that a health care provider in the state needs to diagnose you with a qualifying condition and register you for treatment with the Office of Medical Cannabis (OMC).
The qualifying conditions are:
- Alzheimer’s disease
- Amyotrophic lateral sclerosis (ALS)
- Autism spectrum disorder (must meet DSM-5)
- Cancer (if it leads to severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting)
- Chronic motor or vocal tic disorder
- Chronic pain
- Glaucoma
- HIV/AIDS
- Inflammatory bowel disease, including Crohn’s disease
- Intractable pain
- Irritable bowel syndrome
- Obsessive-compulsive disorder
- Obstructive sleep apnea
- Post-traumatic stress disorder (PTSD)
- Seizures, including those characteristic of epilepsy
- Severe and persistent muscle spasms, including those characteristic of multiple sclerosis (MS)
- Sickle cell disease
- Terminal illness, with a probable life expectancy of less than one year
- Tourette syndrome
Once your healthcare provider has diagnosed you (or confirmed your diagnosis) of one of these conditions, and provided he or she agrees that cannabis is an appropriate treatment, your email address will be registered with the OMC. They will send you an email with a unique registration link, which you can use to register for the program within the following 90 days.
You’ll need a government-issued photo ID (with additional proof of address if it isn’t included), and the application is now completely free. It can take up to 30 days to be approved, from the date of your submission. You also have to go online before you purchase (each time) and submit a Patient Self Evaluation.
Can You Consume in Public in Minnesota?
You can’t vaporize or combust cannabis in a public place under either the medical or recreational cannabis law, however, you can do so on private property (provided you have permission of the owner).
Additionally, the law mainly limits where you can smoke or vape your cannabis, so you can use other forms of THC anywhere apart from:
- On a school bus or van
- On the grounds of any preschool or primary or secondary school
- In any correctional facility
- On the grounds of any childcare facility or home daycare
If a rule against this is adopted by the local government of the relevant area, it carries a maximum $300 fine. Additionally, if it’s in a no-smoking area, you’ll be punished under clean indoor air laws too.
Can You Drive Under the Influence of Weed in Minnesota?
Legal medical marijuana doesn’t mean it’s legal to drive under the influence of marijuana. As in all states, it’s a crime to drive under the influence of marijuana in Minnesota.
While for other controlled substances, there is a “zero tolerance” law for driving (i.e. if officers detect any, you’re in trouble), but for marijuana, you need to actually be impaired to break the law.
There is also an implied consent law in the state. This means that by driving on the roads you’re considered to have given your consent for tests of your blood, breath and urine, and if you refuse, your license will be immediately suspended.
For the actual DUI, the punishments are:
- For the first offense, you’ll receive up to 90 days imprisonment, a fine of up to $1,000 and your license will be suspended for up to 180 days (this is the minimum if you refused a test).
- For a second offense (all subsequent offenses are within 10 years), there’s a minimum 30 days incarceration, but only 48 hours must be served in a correctional facility. For each day less than 30 you’re in jail, you need to perform 8 hours of community service. Your license will be suspended for up to 1 year.
- For a third offense, you’ll get a minimum of 90 days’ incarceration, with a bare minimum of 30 days served consecutively in a local correctional facility. Alternatively, you can be placed in an intense supervision program for repeat DUI offenders, and serve at least 6 days in a correctional facility. Your license will also be suspended for up to 2 years.
- For the fourth offense, it’s much like the third offense except the minimum incarceration period increases to 180 days (and you may still be placed in the repeat offender program with the same terms), and it’s also possible to be given a program of staggered sentencing. Your license will be suspended indefinitely.
- For a fifth or subsequent offense, the minimum incarceration term is one year, and you need to serve at least 60 days consecutively in a local correctional facility. Alternatively, you can be put in the repeat offender program as above.
Is Delta-8 THC Legal in Minnesota?
Delta-8 THC is legal in Minnesota following the passage of the 2018 Farm Bill and Minnesota’s own state-level re-writing of the law.
However, there are significant limitations in place on the market, because of a 2022 law limiting the level of any THC in edible cannabinoid product. Since July 2022, while intoxicating hemp products have remained legal, any one of them can contain at most 5 mg of THC in a single serving and 50 mg in a package.
This means that while delta-8 THC is legal in Minnesota, many delta-8 products wouldn’t meet the requirements of the law. In a sense, this law is very permissive, because it explicitly allows intoxicating hemp products, but the limit it sets will undoubtedly conflict with many currently available options.
From March 1, 2025, delta-8 THC products will be classed as “edible cannabinoid products” and will be sold under the adult use program.
RELATED: Delta-8 THC Laws Explained
Is Weed Decriminalized in Minnesota?
Weed was decriminalized in Minnesota in small amounts, but now it is totally legal up to two ounces out of the home and 2 pounds inside.
Having between two and four ounces outside of the home is technically decriminalized, since it’s a petty misdemeanor which only has a fine as punishment.
Is Growing Weed Legal in Minnesota?
Growing weed is legal in Minnesota. Any adult aged 21 or over can grow up to eight plants, with a maximum of four of these being mature, flowering plants. These must be grown in an enclosed, locked space which is not visible to the public.
When Will Dispensaries Open in Minnesota? The Future Outlook
State-licensed dispensaries won’t officially open until January 2025. However, tribal governments don’t have to wait for the state licensing before opening dispensaries.
There are 11 Native American tribal nations in Minnesota, and the first legal dispensary opened in August 2023. Since then, a handful of others have opened, including one on a reservation in Cass County, the closest yet to the Twin Cities. Additionally, another dispensary is expected to open in summer 2024 that would be less than an hour’s drive from the Twin Cities.
While state dispensaries are still some months away, these are a valid option if you’re willing to make the drive.
Conclusion
Minnesota’s weed laws have drastically improved in the past couple of years, with a solid legalization system currently being implemented. While you’ll have to go to tribal nations to buy cannabis legally at present, you can grow your own plants, and state-licensed dispensaries are expected to open in early 2025. The battle is won, and things will only get easier from here on out.