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

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