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minnesota marijuana laws 2020

Minnesota Marijuana Laws

Updated December 2019

Despite polls indicating that Minnesota voters favor marijuana legalization, recreational marijuana remains illegal in Minnesota. However, the state has legalized medical marijuana, and it continues to make positive adjustments to its cannabis laws. Learn more about Minnesota marijuana laws below.

Recreational Marijuana in Minnesota

Is marijuana legal in Minnesota? No– the state of Minnesota still characterizes all recreational marijuana possession a misdemeanor or felony. It has, however, put in place decriminalization to a degree: the possession of up to 42.5 grams of marijuana may only be punished by a fine of up to $200. Additionally, there is a conditional release policy in place for first time offenders, who can have the offense removed from their record. Offenders may also be required to complete a drug education course.

Those caught in possession of more than 42.5 grams of marijuana face more serious penalties. These crimes are prosecuted as felonies, which can be punished by 5 years or more in jail, and fines of $10,000 or more.

Medical Marijuana in Minnesota

Medical marijuana was legalized in Minnesota with the passing of Senate File 2470 in May 2014. Under the law, the Minnesota Commissioner of Health is tasked with regulating the patient registry and the production and distribution of medical cannabis.

The law allows for the creation of two in-state manufacturers of medical cannabis, each of which opened four dispensaries. There are currently eight operational dispensaries in Minnesota. Home cultivation is not allowed.

A licensed healthcare practitioner must certify qualified patients before they can receive medical cannabis in the state.

Qualifying conditions currently include:

  • Age-Related Macular Degeneration
  • Alzheimer’s Disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Autism Spectrum Disorders
  • Cancer
  • Chronic Pain
  • Crohn’s Disease and Inflammatory Bowel Disease
  • Glaucoma
  • HIV/AIDS
  • Intractable Pain
  • 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
  • Tourette Syndrome
  • Any terminal illness with life expectancy under one year, where the illness or treatment leads to one of the following: Severe, intractable or chronic pain, nausea or severe vomiting, cachexia or severe wasting.

CBD from Hemp Oil in Minnesota

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in Minnesota

Personal cultivation for recreational or medical use is illegal in Minnesota.

Minnesota did pass “The Industrial Hemp Development Act” in 2015, which categorizes hemp as an “agricultural crop” and empowers the Commission of Agriculture to set up a pilot program to grow industrial hemp at institutions of higher education. Under Minnesota’s Indusrial Hemp Pilot Program, the hemp is designated to be grown for research or agricultural purposes only.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.

Sources

  • http://norml.org/laws/item/minnesota-penalties-2
  • https://www.mpp.org/states/minnesota/
  • http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881#Minnesota
  • http://www.health.state.mn.us

DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.

With more states legalizing the use of marijuana it can be hard to stay up to date on Minnesota marijuana laws. Click to learn more about marijuana laws in MN!

LEARN | LAWS & REGULATIONS

Minnesota

Is weed legal in Minnesota?

In Minnesota, marijuana is legal for medical purposes only and only in certain forms.

Adult-use, or recreational, marijuana is not legal in Minnesota. Possession of less than 42.5 grams (1.5 ounces) of cannabis is considered a petty misdemeanor. First-time offenders may be ordered to attend drug rehab, though the law does allow a fine of up to $300.

Legislation history

Gov. Mark Dayton signed the Minnesota Medical Cannabis Act into law in May 2014. Minnesota was the 23rd state to enact medical marijuana legislation. The law created the state’s Medical Cannabis Program and Registry under the auspices of the Minnesota Department of Health (MDH). Sales began in 2018.

Where is it safe to purchase?

Minnesota patients may purchase cannabis medicine at state-approved dispensaries . It’s available as:

  • Capsules
  • Liquid, including oil
  • Lozenges
  • Oral sprays
  • Pills
  • Tablets
  • Tinctures
  • Topicals
  • Vaporization cartridges

Vaporization devices (vape pens) are also available.

At the dispensary, patients need to provide a summary of their doctor visit and a list of prescribed medications. These will be given to them by the certifying health-care provider. They must fill out a self-evaluation form in-store if they haven’t already completed it online. After reviewing these items, the on-site pharmacist will recommend a cannabis dosage for the patient.

Finding licensed dispensaries in Minnesota

Registered patients can find licensed dispensaries in Minnesota and search by cities including Minneapolis, Rochester, and Fargo. Delivery remains illegal but many dispensaries in Minnesota offer curbside pickup services in addition to storefront sales.

Where is it safe to consume?

Most of the legal forms of medical cannabis are taken orally so consumption shouldn’t be much of an issue. Nonetheless, Minnesota law states that patients can’t do anything while under the influence of medical cannabis that would be considered negligent or lead to professional malpractice.

It forbids possessing or consuming cannabis medicine while operating a vehicle or while on a school bus or school grounds, in a correctional facility, or on the grounds of any child-care facility.

Vaping medical cannabis is forbidden in any public place, including public transportation, or where the vapor could be inhaled by a minor.

Possession

Registered and certified medical marijuana patients and their caregivers can legally possess a 30-day supply of cannabis at the dosage determined by the pharmacist.

For those who aren’t registered medical marijuana patients, possession of less than 42.5 grams (1.5 ounces) of cannabis is considered a petty misdemeanor. First-time offenders may be ordered to attend drug rehab, though the law does allow a fine of up to $300. Possessing more than 42.5 grams of cannabis is considered a felony.

Medical Cannabis Program

The Minnesota Department of Health’s Office of Medical Cannabis oversees the Medical Cannabis Program . The program maintains the patient, caregiver, and health-care practitioners registries and promulgates program rules.

Qualifying conditions

  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
  • Autism
  • Cachexia, or wasting disease
  • Cancer, if the underlying condition or treatment causes severe or chronic pain, nausea, or severe vomiting
  • Chronic or intractable pain
  • Glaucoma
  • HIV/AIDS
  • Inflammatory bowel disease, including Crohn’s disease
  • Obstructive sleep apnea
  • Post-traumatic stress disorder (PTSD)
  • Seizures, including epilepsy
  • Severe and persistent muscle spasms, including multiple sclerosis
  • Terminal illness with a probable life expectancy of less than a year if the illness or its treatment causes cachexia (severe wasting disease), nausea, or severe vomiting

Minnesotans can petition the Medical Cannabis Program to add new conditions.

Patient application process

To receive medical marijuana, patients must enroll in the Medical Cannabis Registry and complete the application process.

Patients must:

  1. Visit a doctor, physician’s assistant, or advanced practice registered nurse
  2. Receive a diagnosis of one or more of the qualifying conditions
  3. Talk to the practitioner about adding a caregiver, if applicable
  4. Give the health-care practitioner their email address
  5. Request a visit summary with medications and medical conditions
  6. Check their email for confirmation of certification and a registration link
  7. Register online providing:
    1. Government-issued ID
    2. $200 registration payment
    3. Proof of eligibility for discount fee, if applicable
    4. Caregiver’s information, if applicable
  8. Complete self-evaluation report (must be done before each purchase)
  9. Go to a Cannabis Patient Center to visit with a pharmacist and purchase cannabis medication

Caregivers

During the certification process, patients can also ask to designate a parent, legal guardian, or another person as a caregiver to administer cannabis and acquire it at dispensaries, if patients are disabled. The health-care practitioners must approve the caregiver. Once the practitioner has approved the caregiver, parents, guardians, or spouses can register themselves. Copies of birth or adoption certificates, legal guardian documents, or marriage licenses will be required at the time of registration.

Other caregivers must:

  1. Wait for the patient to add the caregiver’s information to their account, which generates an email to the caregiver
  2. Click the link and complete the enrollment form
  3. Provide government-issued ID
  4. Print, complete, and mail background check form, $15 check, and stamped, self-addressed envelope
  5. Receive confirmation email before picking up or administering medical cannabis

Note: Caregiver background checks can take up to 30 days.

Testing

According to Minnesota law , state-approved labs must test medical cannabis products for:

  • Cannabinoids
  • Metals
  • Microbes
  • Mycotoxins
  • Pesticides
  • Residual solvents

FAQ

When is the vote for recreational marijuana in Minnesota?

Minnesota House Majority Leader Ryan Winkler introduced HF 4632, a bill to legalize and regulate adult-use cannabis in the state, in early May 2020. The measure didn’t advance before the legislature adjourned later that month. There is no citizen-initiated ballot initiative process in Minnesota so legalization will have to go through the legislature.

Which candidates support the legalization of marijuana in Minnesota?

Sensible Change MN has a voter guide that lists candidates in house and senate races who support adult-use legislation.

This page was last updated October 30, 2020.

View the marijuana laws & regulations for Minnesota.