Minnesota is ushering in a new era of marijuana legislation, as residents gain the legal right to possess and cultivate cannabis for recreational use, beginning on Tuesday, August 1. The state has taken measures to maintain control during this transition period while setting up a comprehensive and lawful cannabis industry.
The legalization of recreational marijuana was made possible by the approval of a substantial bill by the Democratic-controlled Minnesota Legislature, which was subsequently signed into law by Democrat Governor Tim Walz back in May.
Although some tribes within Minnesota intend to exercise their sovereignty and permit sales immediately, the state anticipates that most legal retail sales will not commence until early 2025, as they work on establishing licensing and regulatory structures for this novel industry.
The debate leading to this legalization was marked by conflicting opinions. Critics expressed concern about potential adverse effects on public safety and the youth, while proponents contended that the prohibition of marijuana had proven unsuccessful. Advocates for the new law highlighted the disproportionate impact of arrests and lasting consequences in employment and housing on people of color, compared to their white counterparts.
Minnesota is now the 23rd state to legalize recreational marijuana, following in the footsteps of Colorado and Washington, who took this step over a decade ago.
This development comes amid challenges faced by other states like New York, striving to curb the illicit marijuana trade while encountering difficulties in swiftly licensing legal dispensaries, with an emphasis on achieving “social equity.” Additionally, New Mexico is dealing with issues of retailers unlawfully selling marijuana sourced from California, amidst a market oversupply and declining prices for marijuana farmers. Farmers and the general public are still prohibited from transporting cannabis across state borders due to the ongoing federal ban.
Let’s take a closer look at the changes that will take effect in Minnesota starting August 1:
WHAT BECOMES LEGAL:
Individuals aged 21 and above are permitted to possess and carry up to 2 ounces of cannabis flower, 8 grams of concentrate, and THC-containing edible products, such as gummies and seltzers, totaling 800 milligrams of THC. At home, they can keep up to 2 pounds of cannabis flower.
Last year, low-potency edibles made with THC from industrial hemp were legalized. These products have been subject to a 10% marijuana tax since July 1. The same tax will be applicable to other marijuana products as they receive licensing for sales, except for sales taking place on sovereign tribal lands.
It remains illegal under federal law to bring marijuana into the state from outside.
RETAIL CANNABIS:
The Red Lake Nation plans to commence recreational marijuana sales at its existing medical cannabis dispensary from August 1. However, this will occur on their remote reservation located in northwestern Minnesota. Whether other tribes will follow this path remains uncertain.
While certain states like New Mexico achieved the legalization and regulation of marijuana within a year of legalization, Minnesota expects the process to take longer. The state law, similar to New York’s, prioritizes social equity considerations when awarding licenses. This means that applicants from low-income areas, disproportionately impacted by marijuana’s illegal status, individuals with expunged convictions, and military veterans whose honorable status was compromised due to a marijuana-related offense, among others, will receive preference.
Numerous license categories exist for cannabis-related businesses, with application fees ranging from $250 for delivery services to $10,000 for growers and product manufacturers.
While local governments are prohibited from banning cannabis sales, they have the authority to limit the number of retailers to one per 12,500 residents.
MINNESOTA’S HOME-GROWN CANNABIS:
Adults have the liberty to grow up to eight cannabis plants at home, provided that no more than four are in the flowering stage simultaneously. The cultivation must occur within an enclosed, locked space that remains private and inaccessible to public view, whether indoors or in an enclosed garden.
Retailers will be permitted to sell marijuana seeds if they adhere to labeling and other requirements set by the Minnesota Department of Agriculture.
WHERE IT’S ALLOWED AND WHERE IT’S NOT:
The consumption of cannabis is legal on private property, including private residences. Eventually, it will also be permitted at special events, granted the organizers obtain the necessary permits.
However, smoking or vaping cannabis remains illegal wherever tobacco smoking is prohibited, including most businesses, apartment buildings, and college campuses. While the state law doesn’t explicitly forbid smoking on public sidewalks, local ordinances may impose such restrictions.
Cannabis consumption remains unlawful in all forms while driving, within public schools, on school buses, in state prisons, and on federal property. Smoking or vaping is also prohibited in places where minors could inhale it.
GUNS AND CANNABIS:
Despite the Second Amendment-friendly provisions in Minnesota’s law, federal law continues to disallow individuals who consume cannabis from owning firearms or ammunition. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has clarified that, regardless of Minnesota’s new law, a “current user” of marijuana qualifies as an “unlawful user” according to federal statutes. Consequently, individuals following state law are still barred from possessing guns and cannabis.
Upon purchasing firearms, applicants must complete an ATF form, disclosing whether they use marijuana. False statements on this form are considered a felony under federal law.
RECORD EXPUNGEMENT:
The legalization process includes the automatic expungement of minor marijuana-related convictions, such as possession of small amounts, beginning in August. Over 60,000 Minnesotans could benefit from this expungement initiative, but the Bureau of Criminal Apprehension anticipates that clearing everyone’s record may take up to a year.
To oversee the cannabis industry in Minnesota, the Office of Cannabis Management will be established. Job positions are now being listed, with applications for the office’s first executive director being accepted until July 31.
Additionally, the office will assume responsibility for Minnesota’s existing medical marijuana program, which will not be subject to taxation and the tribal governments will retain the authority to set their own rules regarding cannabis within their territories.
