Minnesota Cannabis Laws

Medical cannabis is legal in Minnesota, and while marijuana is officially decriminalized, recreational use is currently prohibited.

In 2014, medical marijuana was legalized with the passage of SF 2470. Also known as the Medical Cannabis Therapeutic Research Act, this legislation authorized the use of marijuana in topical, edible, and liquid forms.

Recreational cannabis is currently illegal. However, the state legislature recently passed measure HF 100, which authorizes the purchase, cultivation, and possession of adult-use cannabis. The bill was signed into law on May 30, 2023, by Governor Tim Walz, making Minnesota the 23rd state to fully legalize cannabis. The state’s new law went into effect on August 1, 2023.

Marijuana Laws in Minnesota

Minnesota legalized marijuana for medicinal purposes in 2014, while the possession, consumption, and cultivation of recreational marijuana is legal as of August 1, 2023.

Medical Cannabis Laws

With a certificate from a qualifying physician, adults 18 and older can purchase medical cannabis from an authorized marijuana dispensary. Minors under 18 must have a parent or legal guardian apply on their behalf. Patients may possess up to a 30-day supply of non-smokable cannabis, including tinctures, oils, pills, gummies/chews, and topicals. Patients 21 and over may also purchase up to 2.5 ounces of cannabis flower within a 14-day period from a licensed provider.

Minnesota’s new adult-use cannabis program allows residents 21 and over to grow up to eight plants, with no more than four mature plants at one time. Plants must be cultivated within a private residence, out of public view. Marijuana cannot be consumed in public spaces. In addition, Medical cannabis is exempt from taxation in Minnesota.

Recreational Cannabis Laws

While marijuana was decriminalized in Minnesota (with only small possession charges often leading to fines rather than jail), adult-use cannabis was prohibited until May 30, 2023, when Governor Tim Walz signed HF 100 into law. As of August 1, 2023, this new recreational program will allow adults 21 and over to:

• Purchase up to:
  • 2 ounces of cannabis flower
  • 8 grams of THC concentrate
  • 800 mg of edible product
• Cultivate up to eight plants (with no more than four mature plants at the same time) within a private residence.
• Possess up to 2 pounds of cannabis in a private residence

Additionally, this new legislation will permit the expungement of certain marijuana violations and permit on-site consumption at specific permitted events. Penalties for violating current cannabis laws in Minnesota range from a petty misdemeanor to a felony, with fines starting at $300.

While adult-use cannabis will be legal to possess, cultivate and consume as of August 2023, retail sales at dispensaries may not occur for another year. Minnesota is expected to charge a 10% sales tax (in addition to the existing 6.875% sales tax and any applicable local taxes) on recreational marijuana sales. 80% of this revenue will go to the general fund, with the rest allotted to assist cannabis businesses and fund substance abuse centers and local municipalities.

Finally, while recreational cannabis is technically prohibited until August 2023, hemp-derived substances such as CBD and THC isomers such as delta-8 and delta-10 are legal in Minnesota.

What to Know About About Medical Cannabis in Minnesota

Federal law classifies marijuana as an illegal controlled substance. Without federal approval, cannabis-friendly states must develop and implement their own cannabis legislation. The Minnesota Department of Health has developed a comprehensive set of rules and guidelines to promote safe, responsible medical marijuana habits.

Certain Medical Conditions Qualify for Medical Cannabis

The following conditions may qualify you for a medical marijuana certificate in Minnesota:

• Alzheimer’s disease
• Amyotrophic lateral sclerosis (ALS), aka Lou Gehrig’s Disease
• Autism
• Cancer associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting syndrome
• Chronic pain
• Chronic vocal or motor tic disorder
• Glaucoma
• HIV/AIDS
• Inflammatory bowel disease, including Crohn’s disease
• Intractable Pain
• Irritable bowel syndrome (effective August 1, 2023)
• Obsessive-compulsive disorder (effective August 1, 2023)
• 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
• Sickle cell diseases
• Terminal illness with a life expectancy of less than one year
• Tourette syndrome

Telemedicine Is Allowed

Yes, telemedicine is allowed in Minnesota, and you can get certified for cannabis online for both initial and renewal certifications.

Minnesota Does Not Have Reciprocity Laws

While Minnesota does not recognize out-of-state MMJ programs or cards, adults 21 and older may purchase recreational cannabis from licensed cannabis dispensaries.

Minnesota medical marijuana certificates may be honored by other states that offer reciprocity. The following states and territories accept or recognize out-of-state medical marijuana cards:

• Arizona
• Arkansas *
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

There Are Employment Protections for Cardholders

While employers can implement workplace drug tests, Minnesota’s medical cannabis law provides certain protections for off-duty marijuana use. Although employers can take action against on-site marijuana consumption and intoxication, the law prohibits  discrimination based on:

• The person’s status as a patient enrolled in the registry program
• The patient’s positive drug test for cannabis components or metabolites (unless the patient used, possessed, or was impaired by medical cannabis on workplace premises during work hours)

Can You Grow Cannabis In Minnesota?

As of August 1, 2023, adults 21 years and older may grow up to eight marijuana plants, with no more than four mature plants at one time. Plants must be cultivated within a private residence, shielded from public view.

The Bottom Line

Medical and recreational cannabis is legal in Minnesota.

Adults 21 and over are permitted to possess up to 2 pounds of cannabis flower in a private residence, cultivate up to eight plants (with a maximum of 4 mature plants) within a private home, and purchase up to 2 ounces of cannabis. Rules for consumption, possession, and cultivation state that marijuana is prohibited from public places without a pre-approved license or event permit.

Although adult-use cannabis is now legal in Minnesota, the state must establish a licensing system before recreational sales can begin in earnest. For now, adult users may visit a recreational tribal dispensary, or use hemp-derived products with lower THC. As the state develops the infrastructure for retail sales, residents should follow the Minnesota Office of Cannabis Management for up-to-date information on the new adult-use program.