Minnesota Cannabis Laws: Complete Guide 2026
Minnesota legalized recreational cannabis on May 30, 2023, when Governor Tim Walz signed HF 100 (Chapter 63). Personal possession became legal on August 1, 2023, and home cultivation is now permitted. Adult-use retail sales are expected to begin in early 2025 as the state issues licenses.
Is Marijuana Legal in Minnesota?
Yes, both medical and recreational marijuana are legal in Minnesota:
- Medical Cannabis: Legal since July 1, 2015
- Recreational Cannabis: Legal since August 1, 2023 (HF 100)
- Adult-Use Sales: Expected early 2025
- Home Cultivation: Legal (4 mature + 4 immature plants per household)
Key Legislation
| Law | Citation | Effective Date |
|---|---|---|
| Minnesota Medical Cannabis Act | Minnesota Statutes Chapter 152.22-152.37 | July 1, 2015 |
| Adult-Use Cannabis Legalization | HF 100 (Chapter 63, Laws of Minnesota 2023) | August 1, 2023 |
| Office of Cannabis Management | Minnesota Statutes Chapter 342 | 2023 |
Office of Cannabis Management (OCM)
The Office of Cannabis Management is Minnesota's cannabis regulatory agency, overseeing both medical and adult-use programs.
Contact Information:
- Website: mn.gov/ocm
- Email: cannabis@state.mn.us
- Medical Cannabis: mn.gov/ocm/dmc
- Patient Registry: Medical Cannabis Patient Portal
Adult-Use Cannabis (21+)
Under HF 100 (Minnesota Statutes Chapter 342), adults 21 and older may:
Possession Limits:
- 2 ounces of cannabis flower in public
- 2 pounds of cannabis flower at home (in a locked location)
- 8 grams of cannabis concentrate in public
- 2 ounces of cannabis concentrate at home
- 800 mg THC in edible products
Home Cultivation:
- Up to 4 mature (flowering) plants per household
- Up to 4 immature (vegetative) plants per household
- 8 plants total maximum per household
- Plants must be in an enclosed, locked area
- Not visible from public areas
- Only adults 21+ may cultivate
- Cannot use volatile solvents for extraction
Prohibited Activities:
- Public consumption (except licensed consumption sites)
- Consumption while operating a motor vehicle
- Providing cannabis to persons under 21
- Possession on school grounds
- Consumption in state parks (varies by location)
- Exceeding possession limits
Medical Cannabis Program
Minnesota's medical cannabis program operates under Minnesota Statutes Chapter 152.22-152.37 and is now overseen by the Office of Cannabis Management.
Qualifying Conditions:
- Cancer (with wasting syndrome, severe pain, nausea, or severe vomiting)
- Glaucoma
- HIV/AIDS
- Tourette's syndrome
- Amyotrophic lateral sclerosis (ALS)
- Seizures (including epilepsy)
- Severe and persistent muscle spasms (including MS)
- Inflammatory bowel disease (IBD, including Crohn's disease)
- Terminal illness (with life expectancy < 1 year)
- Intractable pain
- Post-traumatic stress disorder (PTSD)
- Autism spectrum disorder
- Obstructive sleep apnea
- Alzheimer's disease
- Sickle cell disease
- Chronic pain
- Any condition approved by a healthcare practitioner for which cannabis may provide relief
Medical Patient Benefits:
- Lower taxation on medical cannabis products
- Priority access to dispensaries
- Home cultivation rights (same as adult-use)
- Employment protections under Minnesota law
- Access to medical-specific products and formulations
Patient Registration
Requirements:
- Minnesota resident
- Certification from a registered healthcare practitioner
- Complete registration through OCM patient portal
- Pay registration fee
Card Validity: 1 year from issuance
Taxation
Adult-Use Cannabis:
- 10% state gross receipts tax (retail)
- Standard 6.875% state sales tax
- Local option taxes may apply (up to 3%)
- Total effective tax rate: Approximately 17-20%
Medical Cannabis:
- Reduced taxation compared to adult-use
- Tax revenue funds public health, local governments, and social equity programs
Penalties for Violations
Adults 21+ Civil Penalties:
| Violation | Penalty |
|---|---|
| Exceeding possession limits (minor) | Petty misdemeanor, up to $300 fine |
| Public consumption | Petty misdemeanor, up to $300 fine |
| Smoking in prohibited area | Petty misdemeanor, up to $300 fine |
Criminal Penalties (Under 21 or Non-Compliance): Under Minnesota Statutes Chapter 152:
| Offense | Classification | Penalty |
|---|---|---|
| Possession < 42.5g (under 21) | Petty misdemeanor | Up to $300 fine |
| Possession 42.5g - 10kg | Felony | Up to 5 years, $10,000 fine |
| Possession > 10kg | Felony | Up to 20 years, $1,000,000 fine |
| Distribution without license | Felony | Up to 10-20 years depending on amount |
| Sale to minor | Felony | Enhanced penalties |
| Near school zone | Felony | Up to 15 years, $100,000 fine |
Driving Under the Influence
Driving under the influence of cannabis is prohibited under Minnesota Statutes 169A.20.
Minnesota uses a behavioral impairment standard - there is no per se THC limit, but any amount of cannabis that impairs driving ability is illegal.
DUI Penalties:
- 1st offense: Misdemeanor, up to 90 days jail, $1,000 fine, 90-day license suspension
- 2nd offense: Gross misdemeanor, up to 1 year jail, $3,000 fine, 180-day suspension
- 3rd offense: Gross misdemeanor, up to 1 year jail, license cancellation (min. 1 year)
- 4th+ offense: Felony, up to 7 years prison, license cancellation
Medical patients are NOT exempt from DUI laws.
Employment Rights
Minnesota provides employment protections for cannabis users under HF 100:
- Employers cannot take adverse action based solely on off-duty cannabis use
- Employers cannot refuse to hire based solely on a positive THC test (with exceptions)
- Employers may prohibit cannabis use/impairment during work hours
- Employers may maintain drug-free workplace for safety-sensitive positions
- Employers may comply with federal requirements for federal contractors
Exceptions: Safety-sensitive positions, federal contractors, and positions requiring CDL or heavy equipment operation.
Local Regulations
Under HF 100, municipalities and counties may:
- Establish reasonable time, place, and manner restrictions
- Limit the number of cannabis retailers (but cannot ban entirely)
- Adopt local cannabis licensing requirements
- Collect local option taxes (up to 3%)
- NOT prohibit personal possession or home cultivation
- Approve or deny cannabis consumption establishments
Social Equity Program
Minnesota's cannabis law includes comprehensive social equity provisions:
- Social equity applicant priority for licenses
- Community reinvestment from cannabis tax revenue
- Expungement of certain cannabis convictions
- Technical assistance and training programs
- Low-interest loans for equity applicants
- Workforce development programs
Adult-Use Sales Timeline
Expected Timeline:
- August 1, 2023: Personal possession and home cultivation legal
- 2024: OCM developing licensing rules and frameworks
- Early 2025: First adult-use retail licenses issued
- 2025: Adult-use retail sales begin
Current Status: Adults can legally possess and cultivate cannabis, but retail sales have not yet begun. Medical dispensaries continue to serve registered patients.
Key Resources
- Office of Cannabis Management: mn.gov/ocm
- Medical Cannabis Program: mn.gov/ocm/dmc
- Patient Registration: OCM Patient Portal
- HF 100 Full Text: Minnesota Legislature
- Minnesota Statutes Chapter 342: revisor.mn.gov
- Find a Dispensary: OCM Medical Cannabis Dispensaries
Timeline of Legalization
| Date | Event |
|---|---|
| 2014 | Medical cannabis program established |
| July 1, 2015 | First medical cannabis dispensary sales |
| 2016 | Intractable pain added as qualifying condition |
| May 30, 2023 | HF 100 signed into law (adult-use legal) |
| August 1, 2023 | Personal possession and home cultivation become legal |
| 2024 | OCM develops licensing framework |
| Early 2025 | Adult-use retail sales expected to begin |
This information reflects Minnesota cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.