Minnesota’s official nickname is the Lone Star State, but it’s also known as the Land of 10,000 Lakes. As the moniker suggests, Minnesota is famous for its numerous lakes, rivers, and waterways, which offer plenty of opportunities for fishing, boating, and other water sports. The state is also known for its vibrant music scene, with Minneapolis being home to numerous iconic music venues and artists. Additionally, Minnesota is renowned for its winter sports, such as ice fishing, skiing, and snowmobiling, as well as its Scandinavian heritage, which is reflected in its cuisine, culture, and festivals.
But, is weed legal in Minnesota? Well, let’s find out.
Is Weed Legal in Minnesota? Straight to the point.
- Recreational THC: No
- Medical THC: Yes
- CBD: Yes
- Delta-8: Yes
Medical Weed Laws
In 2014, Minnesota legalized medical marijuana through the Medical Cannabis Therapeutic Use Act. This made Minnesota the 22nd state in the U.S. to legalize medical marijuana, and the program officially launched in 2015. Patients who are under the age of 18 must have a parent or legal guardian register as their caregiver, and only the caregiver can purchase and administer the medical marijuana on their behalf.
Patients who qualify can purchase a 30-day supply of medical cannabis, which is determined by their healthcare provider. The maximum amount that a patient can purchase is 4.5 ounces of raw cannabis or its equivalent in other forms, such as capsules or tinctures.
The qualifying medical conditions for medical marijuana in Minnesota include but are not limited to:
- Cancer
- Glaucoma
- HIV/AIDS
- Tourette syndrome
- ALS
- Seizures
- Severe and persistent muscle spasms
- Crohn’s disease
- Terminal illness
- Intractable pain
- PTSD
To obtain medical marijuana in Minnesota, patients must be diagnosed with a qualifying medical condition and register with the Minnesota Department of Health (MDH) as a medical cannabis patient. The Minnesota Commissioner of Health may also add additional qualifying conditions to the list.
Recreational Weed Laws
Trends show that many states with medical marijuana programs usually move towards adult-use recreational legalization. However, recreational weed’s regulatory environment tends to be far more complex. Although many states maintain their medical programs to support patients, the same rules do not apply to the general public once recreational marijuana is legalized. Possession limits may vary, as well as the consequences for using marijuana outside of the state-mandated guidelines. See below for more information about the current legal status and recreational legalization efforts.
Is Weed Decriminalized in Minnesota?
As of March 2023, marijuana is not decriminalized in Minnesota. Possession of even small amounts of marijuana for recreational use is still a criminal offense and can result in fines and possible imprisonment. However, the state has implemented some changes to reduce the penalties for possessing small amounts of marijuana, especially for first-time offenders.
In 1976, Minnesota passed a law reducing the penalty for possessing up to 42.5 grams of marijuana to a petty misdemeanor, which carries a fine of up to $200. This law also allows for the expungement of some cannabis-related convictions from criminal records.
It’s important to note that while the penalties have been reduced, possession of marijuana for recreational use is still illegal in Minnesota. However, the state has legalized medical marijuana for certain qualifying conditions, and patients with medical cards can obtain marijuana from licensed dispensaries.
Cannabinoid Variants
With the legalization of industrial hemp production in the United States, CBD products have become increasingly popular. However, CBD production is not without restrictions, as it must be derived from hemp and contain less than 0.3% Delta-9 THC. In addition to CBD, many other cannabinoids have become famous for their THC-like effects. Here is how Minnesota regulates these compounds.
Is CBD legal in Minnesota?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. CBD is legal in Minnesota.
Is Delta-8 legal in Minnesota?
In Minnesota, it is legal to purchase and consume Delta-8 products obtained from hemp containing less than 0.3% Delta-9 THC. Consumers seek out Delta-8 for its mild psychoactive effects and easy accessibility. You can purchase Delta-8 from various retailers as well as online shops.
Is Delta-10 legal in Minnesota?
Similar to Delta-8, Delta-10 is a compound that is most often extracted from hemp and differs slightly from Delta-9 THC found in marijuana. As with Delta-8, Delta-10 is legal in Minnesota.
Are THC-O and other THC variants legal in Minnesota?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Minnesota?
In both Minnesota and at the federal level, HHC and HHC-O are legal. Despite the need for hydrogenation and chemical alteration to produce these alternative cannabinoids, they remain protected under the Farm Bill if they contain less than the allotted amount of Delta-9 THC.
Cultivation Laws
Home cultivation is illegal in Minnesota. Even patients are not allowed to grow their own medical marijuana for personal use. See below for more information.
To grow cannabis for a licensed retailer, applicants must apply through the MDH, meet all eligibility requirements, and pay the appropriate fees. Learn more about how to get your cultivation license here.
Obtaining a Medical Marijuana Card in Minnesota
To obtain a medical marijuana card in Minnesota, patients must first meet specific eligibility criteria. They must have a qualifying medical condition, which includes conditions such as cancer, glaucoma, HIV/AIDS, ALS, and others. Patients must also be at least 18 years old and a Minnesota resident with a valid state ID or driver’s license.
After confirming their eligibility, patients need to see a healthcare practitioner who is registered with the MDH that can certify their condition. The healthcare practitioner will assess the patient’s medical history and determine whether medical cannabis is an appropriate treatment option. If the practitioner determines that medical cannabis is appropriate, they will certify the patient and provide a patient verification form.
Once patients have their certification and patient verification form, they can register with the MDH to obtain a medical cannabis card. Patients will need to provide their certification and patient verification forms and pay the registration fee. After the registration process is complete, patients will receive a medical cannabis card that they can use to purchase medical cannabis products at a licensed dispensary in Minnesota.
It’s important to note that medical cannabis is still illegal under federal law. Patients may not be protected while traveling to other states or if they are employed by a federal agency. Additionally, patients are not permitted to grow their own cannabis plants in Minnesota, even with a medical cannabis card.
Where to Buy Weed in Minnesota
If you are looking to stock up on cannabis goodies in Minnesota, be sure you know where to obtain it, and above all, make sure it’s legal!
Dispensaries
In Minnesota, only medical marijuana is legal, and it can only be purchased from a limited number of dispensaries. These dispensaries are run by two state-licensed medical cannabis manufacturers, Leafline Labs, and Minnesota Medical Solutions, which operate a total of eight dispensaries throughout the state. Recreational marijuana remains illegal in Minnesota, and any attempt to purchase or sell it outside of the medical marijuana program could result in legal consequences.
Delivery
The delivery of marijuana is currently illegal in Minnesota, both for medical and recreational use. Possession of small amounts of marijuana has been decriminalized, but the sale and distribution of marijuana outside licensed dispensaries are still considered criminal offenses. It is important to note that even if someone purchases marijuana from a licensed dispensary, they are not allowed to transport it outside the state. Therefore, any form of marijuana delivery service, whether it is through a licensed dispensary or not, is prohibited in Minnesota.
Direct to Consumer
Direct-to-consumer marijuana sales are currently illegal in Minnesota. All cannabis products must be purchased through licensed dispensaries in person. Delivery services are also not allowed under current state law. However, medical marijuana patients can order their medication online through the state’s medical cannabis program and pick it up in person at a dispensary.
Consumers may purchase hemp-derived cannabinoids in a multitude of ways. Look to local health food stores, convenience stores, smoke shops, and online stores.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Efforts to Legalize Recreational Weed in Minnesota
The Minnesota House of Representatives has approved a bill to legalize adult-use marijuana in the state. The legislation allows for adults aged 21 and older to possess and purchase up to 1.5 ounces of cannabis, as well as grow up to eight plants per person. The bill also includes social equity provisions to address the disproportionate impact of the war on drugs on communities of color. However, the bill still needs to pass the Senate and be signed by the governor to become law. If approved, Minnesota would become the 16th state to legalize adult-use marijuana.
General FAQ
Where can you smoke weed in Minnesota?
In Minnesota, smoking weed is only legal in private places for medical marijuana patients. However, the law allows landlords, employers, and business owners to restrict marijuana use on their property. Additionally, smoking weed in a car is illegal, even if the car is parked or stopped. Violating these laws can lead to fines and penalties.
Can you smoke weed in public in Minnesota?
It is illegal to smoke weed in public in Minnesota. The state’s marijuana laws prohibit smoking, consuming, or possessing cannabis in any form in public places, including parks, sidewalks, streets, and any other areas accessible to the public. Violations of this law can result in fines or even arrest, depending on the circumstances. It is important to consume cannabis only in private residences or in other areas where it is legal to do so.
When was medical weed legalized in Minnesota?
Medical marijuana was legalized in Minnesota on May 29, 2014, when Governor Mark Dayton signed the Minnesota Medical Cannabis Therapeutic Use Act into law.
Punishment for Illegal Acts FAQ
What are the penalties for selling, gifting, transporting, or importing weed?
In Minnesota, there are penalties in place for selling, gifting, transporting, or importing weed. The consequences vary based on the amount of marijuana in possession or the nature of the offense.
Possession of 42.5 g or less is considered a misdemeanor, which can result in a maximum fine of $200.
Possession of more than 42.5 g but less than 10 kg is categorized as a felony and can lead to a maximum sentence of 5 years imprisonment and a fine of $10,000.
Possession of 10 kg to less than 50 kg is also a felony and can result in a maximum sentence of 20 years imprisonment and a fine of $250,000.
Possession of 50 kg to less than 100 kg is punishable by 25 years imprisonment and a fine of $500,000, while possessing 100 kg or more can lead to 30 years imprisonment and a fine of $1,000,000.
Possession of more than 1.4 g of marijuana inside one’s vehicle, except the trunk, is a misdemeanor and can lead to a maximum sentence of 90 days imprisonment and a fine of $1,000.
It’s important to note that repeat offenses can result in increasingly severe penalties.
What is the penalty for selling to a minor?
In Minnesota, the penalty for selling weed to a minor depends on the amount of marijuana involved. Selling any amount of marijuana to a minor is a felony offense, punishable by up to 20 years in prison and a maximum fine of $250,000. If the amount sold is more than 50 kg, the penalty increases to a maximum sentence of 25 years in prison and a fine of up to $500,000. Additionally, any person convicted of selling marijuana to a minor may face enhanced penalties for subsequent offenses.
What is possession with the intent to sell?
Possession with the intent to sell refers to having illegal drugs in one’s possession with the intention of selling or distributing them to others. This offense is typically considered more severe than simple drug possession because it implies that the individual is actively involved in the illegal drug trade and may contribute to the harm caused by drug addiction and abuse.
Penalties for possession with intent to sell can vary depending on factors such as the type and quantity of drugs involved, the individual’s criminal history, and the jurisdiction in which the offense occurred. In some cases, individuals convicted of possession with intent to sell may face substantial fines and lengthy prison sentences.
When is possession a crime?
Possession is a crime if you possess more than the allotted legal limit or if you are suspected of intent to distribute.
