Minnesota Marijuana Laws 2024

In recent years, Minnesota has engineered significant changes in its approach to cannabis legislation, reflecting a broader national trend toward legalization and regulation. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing recreational cannabis use for adults aged 21 and older, effective August 1, 2023. This legislative action positioned Minnesota as the 23rd state in the United States to legalize cannabis for recreational purposes. 

Prior to this development, Minnesota had established a medical cannabis program in 2014, allowing patients with qualifying medical conditions to access cannabis products. The program has since evolved, with the inclusion of dried cannabis flowers and smoking as a dosage method.

The legalization of recreational cannabis has significant implications for public health, safety, and the economy. According to a report by the Minnesota Department of Health, the percentage of Minnesotans aged 12 and older who reported using cannabis in the past year increased from 13% in 2020 to 19% in 2022. Among young adults aged 18 to 25, the rate was higher, with 39% reporting cannabis use in the past year.

In response to the legalization, the state established the Office of Cannabis Management (OCM) to oversee the regulation of cannabis products, licensing of businesses, and enforcement of compliance standards. The OCM emphasizes social equity in its licensing process, providing opportunities for individuals from communities disproportionately affected by previous cannabis prohibition.

Possession and Use Regulations in Minnesota

As of 2024, Minnesota’s cannabis laws delineate specific regulations concerning the possession and use of cannabis for individuals aged 21 and older. These provisions are codified in Minnesota Statutes, Section 342.09, and enforced by the OCM.

Possession Limits:

• In Private Residences: Individuals may possess up to two pounds of cannabis flower within their private residence.
• In Public Spaces: Possession is limited to two ounces of cannabis flower in public places.
• Concentrates and Edibles: Individuals may possess or transport up to eight grams of cannabis concentrate and edible cannabis products or lower-potency hemp edibles infused with a combined total of 800 milligrams or less of tetrahydrocannabinol (THC).

Permissible Locations:

• Private residences, including the individual’s curtilage or yard.
• On private property, not generally accessible by the public, unless the individual is explicitly prohibited from consuming cannabis products by the property owner.
• Premises of establishments or events licensed to permit on-site consumption.
  

Prohibited Locations:

• Public schools, including all facilities and vehicles owned, leased, rented, contracted for, or controlled by a school district.
• State correctional facilities.
• Any location where smoking is prohibited under Section 144.414, which includes most indoor public places and public transportation.

Additional Restrictions:

• Individuals under 21 years of age are prohibited from using, possessing, or transporting cannabis flowers, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products.
• Operating a motor vehicle while under the influence of cannabis is strictly prohibited.
• It is unlawful to give cannabis products without remuneration to individuals under 21 years of age.
• Vaporizing or smoking cannabis in any location where a minor might inhale the smoke, aerosol, or vapor is prohibited.

These regulations are designed to balance individual freedoms with public health and safety considerations. For comprehensive information, individuals are encouraged to consult the full text of Minnesota Statutes, Section 342.09, and the resources provided by the Office of Cannabis Management.

Licensing and Regulatory Compliance

Minnesota has established a comprehensive framework for licensing and regulating dispensaries within its cannabis industry. The OCM oversees this framework, ensuring compliance with state laws and promoting a well-regulated market.

Types of Licenses:

Minnesota offers several license categories for cannabis-related activities:

1. Cultivator License: Authorizes the cultivation of cannabis plants for commercial purposes.
2. Manufacturer License: Permits the processing of cannabis into various products, including edibles, concentrates, and topicals.
3. Retailer License: Allows the sale of cannabis products directly to consumers.
4. Testing Facility License: Enables the operation of laboratories that test cannabis products for safety, potency, and quality.
5. Transporter License: Approves the transportation of cannabis products between licensed facilities.
6. Microbusiness License: Combines cultivation, manufacturing, and retail operations under a single license, subject to specific limitations.
7. Event Organizer License: Permits the organization of events where cannabis products are sold or consumed.

Eligibility Criteria:

To be eligible for a cannabis dispensary license in Minnesota, applicants must meet the following general requirements:

• Age: Applicants must be at least 21 years old.
• Residency: Applicants must be residents of Minnesota.
• Background Check: Applicants must pass a criminal background check, which includes fingerprinting.
• Business Plan: Submission of a comprehensive business plan detailing operations, security measures, and financial projections.
• Compliance with Zoning Laws: Proof that the proposed business location complies with local zoning ordinances.

Application Windows:

The OCM has established specific application periods for different license types:

• Social Equity Applicants: The initial application window for social equity applicants opened on July 24, 2024.
• General Applicants: Application periods for general licenses are anticipated to open in 2025. Prospective applicants are advised to prepare the necessary documentation in advance.

Cannabis cultivation regulations are designed to balance individual rights with public safety and community standards. These regulations, overseen by the OCM, apply to both personal and commercial cultivation.

Personal Cultivation:

Individuals aged 21 and older are permitted to cultivate cannabis for personal use under the following conditions:

• Plant Limit: Up to eight cannabis plants may be cultivated per individual, with no more than four being mature, flowering plants at any given time.
• Cultivation Area: Plants must be grown in an enclosed, locked space that is not visible to the public. This measure ensures security and prevents unauthorized access.
• Residency Requirement: Cultivation must occur at the individual’s primary residence.
• Possession Limits: While cultivation is permitted, possession limits apply. Individuals may possess up to two pounds of cannabis flower in their private residences.

Commercial Cultivation:

Commercial cultivation is subject to stringent regulations to ensure product safety and compliance with state laws:

• Licensing: Entities must obtain a cultivator license from the OCM. The application process includes background checks, submission of a detailed business plan, and adherence to zoning laws.
• Security Measures: Licensed cultivators are required to implement comprehensive security protocols, including surveillance systems, restricted access areas, and inventory tracking, to prevent diversion and unauthorized access.
• Environmental Standards: Cultivators must comply with environmental regulations concerning water usage, waste disposal, and pesticide application to minimize ecological impact.
• Inspections and Compliance: The OCM conducts regular inspections to ensure adherence to cultivation standards. Non-compliance may result in penalties, including fines or license revocation.

Zoning and Local Regulations:

Local governments have the authority to impose additional restrictions on cultivation activities:

• Zoning Ordinances: Municipalities may designate specific zones where commercial cultivation is permitted or prohibited. Prospective cultivators must verify their operations comply with local zoning laws.
• Public Safety Considerations: Local authorities may establish regulations to address community concerns related to odor control, facility location, and operational hours.

Medical Cannabis Program 

Minnesota’s Medical Cannabis Program, established in 2014, provides patients who have qualifying medical conditions with access to medical cannabis as a treatment option. The program is administered by the Office of Medical Cannabis (OMC) within the Minnesota Department of Health.

Qualifying Medical Conditions:

As of 2024, the program recognizes the following qualifying medical conditions:

• Cancer associated with severe/chronic pain, nausea or severe vomiting, or cachexia or severe wasting
• Glaucoma
• HIV/AIDS
• Tourette syndrome
• Amyotrophic lateral sclerosis (ALS)
• Seizures, including those characteristic of epilepsy
• Severe and persistent muscle spasms, including those characteristic of multiple sclerosis

• Crohn’s disease
• Terminal illness with a probable life expectancy of less than one year if the illness or its treatment produces severe or chronic pain, nausea, severe vomiting, or cachexia (severe wasting)
• Intractable pain (pain that cannot be effectively treated through standard treatments)
• Post-traumatic stress disorder (PTSD)
• Obstructive sleep apnea
• Autism spectrum disorder
• Chronic pain
• Sickle cell disease
• Alzheimer’s disease (only for patients exhibiting severe or chronic symptoms)

These conditions allow patients to access medical cannabis in Minnesota. Each year, the OMC reviews them and may add new ones based on medical research and public input. 

Enrollment and Certification Process:

To participate in the program, patients must be certified by a licensed healthcare provider who confirms they have one of the qualifying conditions. After certification, patients complete online registration with the Minnesota Medical Cannabis Program, providing the necessary documentation and paying a registration fee. Upon approval, patients receive a confirmation that enables them to purchase medical cannabis from authorized dispensaries. Additional details on enrollment are available on the Minnesota Department of Health website.

Age Restrictions and Eligibility Criteria for Medical Cannabis

The Medical Cannabis Program provides specific provisions for patients under 18 years of age, ensuring they have access to medical cannabis under strict guidelines to maintain safety and compliance.

Eligibility and Certification:

Underage patients must have a qualifying medical condition as defined by the Minnesota Department of Health, and a licensed healthcare practitioner must certify the patient’s condition. The list of qualifying conditions and certification procedures is detailed on the Minnesota Department of Health’s official website.

Parental or Legal Guardian Consent:

A parent or legal guardian must provide consent for the minor’s participation in the program. They are required to act as the designated caregiver, responsible for managing the patient’s medical cannabis use, including obtaining, transporting, and administering medical cannabis to the minor.

Caregiver Registration:

The parent or legal guardian must register as a caregiver with the Office of Medical Cannabis, which involves submitting an application, undergoing a background check, and completing any required training. Detailed instructions and forms are available on the Minnesota Department of Health’s website.

Product Forms and Administration:

For underage patients, medical cannabis is available in non-smokable forms, such as liquids, pills, or vaporized delivery methods that do not require the use of dried leaves or plant form. This restriction is in place to minimize the potential health risks associated with smoking.

Dispensary Access:

Only the registered caregiver is authorized to visit medical cannabis dispensaries to purchase products for the underage patient. The caregiver must present proper identification and the patient’s registry verification at the time of purchase.

Legal Protections and Compliance:

Registered underage patients and their caregivers are protected under Minnesota law when complying with program regulations. However, any deviation from the established guidelines may result in legal consequences. It is imperative for caregivers to adhere strictly to all program requirements to maintain legal protections.

Protecting Consumers: Packaging and Labeling Standards

The cannabis industry operates under stringent labeling and packaging regulations to ensure consumer safety and product integrity. These standards are enforced by the OCM and are detailed in Minnesota Statutes, Section 342.62. 

Packaging Requirements:

• Child-Resistant and Tamper-Evident: All cannabis products must be enclosed in packaging that is both child-resistant and tamper-evident to prevent unauthorized access and ensure product integrity.
• Opaque and Plain Design: Packaging must be opaque and devoid of any designs or images that could appeal to individuals under 21 years of age. This includes prohibitions on depictions of toys, fruits, or any imagery commonly associated with children’s products.
• Resealable for Multi-Serving Products: Products containing multiple servings must be packaged in resealable containers to maintain freshness and prevent contamination.

Labeling Requirements:

• Product Information: Labels must clearly state the product’s name, type, and net weight or volume.
• Cannabinoid Content: The exact amount of cannabinoids, including THC and CBD per serving and in total, must be specified.
• Ingredient List: All ingredients must be listed in descending order by weight, including any additives or flavorings.
• Manufacturer Details: The name and license number of the manufacturer, along with contact information, must be included.
• Universal Symbol and Warnings: A universal symbol indicating the presence of cannabis, along with specific warning statements such as “Keep this product out of reach of children,” must be prominently displayed.

Prohibited Practices:

• Misleading Packaging: To prevent consumer confusion, packaging must not resemble any commercially available product that does not contain cannabinoids.
• Appeal to Minors: We have already mentioned that imagery that might appeal to individuals under 21 years of age is strictly prohibited—it is important to note this also applies to language.

To ensure compliance with these regulations, Minnesota utilizes Metrc, a seed-to-sale tracking system that monitors cannabis products throughout the supply chain. Metrc integration is mandatory for all licensed cannabis businesses in the state.

IndicaOnline offers a point of sale (POS) system that integrates seamlessly with Metrc, facilitating real-time reporting and inventory management. This integration ensures all transactions are accurately tracked and that information is labeled consistently with state requirements.

By utilizing IndicaOnline’s Metrc-integrated POS system, dispensaries can maintain compliance with Minnesota’s stringent labeling and packaging laws, thereby reducing the risk of violations and enhancing operational efficiency.

Key Restrictions on Cannabis Advertising

Cannabis advertising regulations are designed to ensure promotional activities are conducted responsibly, prioritizing public health and safety. These regulations are outlined in Article 1, Section 65 of House File 100, enacted in 2023.

General Advertising Restrictions:

• Truthfulness: Advertisements must not contain false or misleading statements about cannabis products.
• Health Claims: Unsubstantiated health claims are prohibited.
• Overconsumption: Promoting excessive consumption of cannabis is not allowed.
• Depictions of Minors: Advertisements must not depict individuals under 21 years of age.
• Appeal to Minors: Imagery or language designed to attract individuals under 21 is forbidden.
• Warning Statements: Advertisements must include warnings about impairment and the health risks associated with cannabis use.

Outdoor Advertising and Signage:

• Limitations: Outdoor advertising for cannabis products is generally prohibited.
• Business Signs: Cannabis businesses are permitted up to two fixed outdoor signs on their premises, which must adhere to specific content restrictions.

Audience Considerations:

• Media Restrictions: Advertising in media where 30% or more of the audience is expected to be under 21 is prohibited.

Digital Advertising:

• Unsolicited Ads: The use of unsolicited pop-up advertisements for cannabis products is prohibited.
• Location-Based Advertising: Advertising using location-based devices is restricted to prevent targeting individuals under 21.

Navigating Minnesota’s Cannabis Laws

Minnesota’s changes to its cannabis regulations mark a significant shift in state policy, bringing both opportunities and responsibilities to individuals and businesses involved in this newly legal industry. With structured guidelines governing the possession, cultivation, medical use, labeling, packaging, and advertising, the state aims to ensure consumer safety, public health, and fair business practices. Notably, Minnesota has joined a growing list of states adopting a seed-to-sale tracking system like Metrc to bolster compliance and accountability, a move that underscores the importance of transparency in cannabis markets.

With nearly one in five Minnesotans estimated to have used cannabis in the past year, these laws are designed to meet high consumer demand while preventing underage access and misuse of cannabis products. 

Note: For anyone engaging with Minnesota’s cannabis industry, it’s crucial to stay informed and compliant with these evolving regulations. This overview is intended to provide a general understanding but does not constitute legal advice. Always consult official sources or a legal professional to ensure adherence to current laws and guidelines.