Cannabis in Minnesota

{{Short description|None}}

{{use mdy dates|date=April 2021}}

File:Tim Walz Jesse Ventura cannabis bill.jpg Tim Walz celebrates the signing of House File 100 to legalize recreational cannabis in Minnesota with lawmakers and former governor Jesse Ventura (May 2023).]]

{{Cannabis sidebar}}

Cannabis in Minnesota is legal for recreational use since August 2023. Governor Tim Walz signed House File 100 on May 30, 2023, legalizing the use, possession, and cultivation of cannabis within the state.{{Cite web |last=Mizelle |first=Shawna |first2=Sydney |last2=Kashiwagi |date=2023-05-30 |title=Minnesota becomes 23rd state to legalize recreational marijuana |url=https://www.cnn.com/2023/05/30/politics/minnesota-cannabis-legalization-recreational-marijuana/index.html |access-date=2023-06-19 |website=CNN |language=en}} The state's new Office of Cannabis Management will establish a regulatory framework for commercial cultivation and sales, with exceptions for tribal nations.{{cn|date=August 2024}}

Minnesota law permits adults who are 21 years of age or older to purchase and possess up to {{convert|2|lb|g|-2}} of marijuana flower ({{convert|2|oz|g|disp=sqbr}} in a public space), 8 grams of concentrate, and 800 mg of infused edibles in a private residence. Growing at home is permitted, as long as the plants cannot be seen from outside.{{Cite web |title=How to Grow Cannabis at Home in Minnesota |url=https://minnesotastatecannabis.org/how-to-grow |access-date=2023-09-09 |website=Minnesota Cannabis Information Portal |language=en-US}} Individuals may cultivate up to eight plants, with only four flowering at once. Adults who are 21 years of age or older may also gift each other any amount up to the legal limit.{{Cite web |date=9 August 2023 |last1=DeLong |first1=Matt |last2=Faircloth |first2=Ryan |last3=Johnson |first3=Brooks |title=What you need to know about Minnesota's marijuana legalization bill |url=https://www.startribune.com/minnesota-marijuana-legalization-bill-law-cannabis-cultivation-dispensaries-business-pot-weed-legal/600275325/ |access-date=2023-05-27 |website=Star Tribune}}

History

=Decriminalization=

In 1976, during a short-lived wave of decriminalization in the United States, Minnesota reduced the penalty and decriminalized possession for {{convert|42.5|g|oz|frac=8}} or less to a petty misdemeanor of a maximum $200 fine ({{Inflation|US|200|1976|r=-2|fmt=eq}}).{{cite book|author1=Robert J. MacCoun|author2=Peter Reuter|title=Drug War Heresies: Learning from Other Vices, Times, and Places|url=https://archive.org/details/drugwarheresiesl00macc_0|url-access=registration|date=27 August 2001|publisher=Cambridge University Press|isbn=978-0-521-79997-3|pages=[https://archive.org/details/drugwarheresiesl00macc_0/page/46 46]–}}{{cite web|url=https://norml.org/laws/minnesota-penalties-2/ |work=NORML |title=Minnesota Laws and Penalties|access-date=June 25, 2021}}

=Medical marijuana initiatives=

The Minnesota Medical Marijuana Act creates a patient registry under the Department of Health relating to the therapeutic use of medical cannabis. It authorizes the use of medical cannabis in limited forms for certain qualifying medical conditions and regulates the distribution and manufacture of medical cannabis. It also creates a task force to conduct an impact assessment on medical cannabis therapeutic research and provides for certain criminal and civil protections for parties involved in the registry program. This passed the Minnesota House 89–40 and the Minnesota Senate 46–16.{{cite press release |url=http://mn.gov/governor/newsroom/pressreleasedetail.jsp?id=102-131112 |title=Governor Dayton Signs Medical Marijuana Bill into Law |website=mn.gov |access-date=14 January 2022 |archive-url=https://web.archive.org/web/20140605095928/http://mn.gov/governor/newsroom/pressreleasedetail.jsp?id=102-131112 |archive-date=5 June 2014 |url-status=dead}} In May 2014, Governor Mark Dayton signed into law a bill legalizing marijuana for the treatment of nine severe medical conditions, including cancer, severe epilepsy, HIV/AIDS, glaucoma, Tourette's syndrome, ALS and Crohn's disease.{{cite web |last=Condon |first=Patrick |date=2014-05-29 |title=Dayton signs bill legalizing medical marijuana in Minnesota |url=http://www.startribune.com/dayton-signs-bill-legalizing-medical-marijuana-in-minnesota/261099931/ |access-date=2017-02-10 |publisher=StarTribune.com}}

Registration for the program began on June 1, 2015, with actual distribution of medical marijuana beginning July 1, 2015. It is considered to be the most restrictive medical marijuana bill in the country,{{cite web|url=https://www.startribune.com/medical-marijuana-on-verge-of-minn-law-it-will-be-strictest-in-u-s/259475881/ |title=Medical marijuana on verge of Minn. law; it will be strictest in U.S.|work=Star Tribune|access-date=November 9, 2015}} due to the limited number of medical conditions that qualify, and the forms of cannabis that are legal. To qualify for the program, patients must be diagnosed with one of the following conditions: Cancer (with pain, nausea, vomiting, and/or wasting), glaucoma, HIV/AIDS, Tourettes, ALS (Lou Gehrig's disease), a seizure disorder, multiple sclerosis, Crohn's disease, or a painful terminal illness with less than a year to live.{{cite web|url=http://www.health.state.mn.us/topics/cannabis/patients/conditions.html|title=Medical Cannabis|work=state.mn.us|access-date=November 9, 2015|archive-url=https://web.archive.org/web/20151031072325/http://www.health.state.mn.us/topics/cannabis/patients/conditions.html|archive-date=October 31, 2015|url-status=dead}} For those individuals who meet the medical criteria, cannabis will only be legally available in liquid, pill or vaporized delivery method that does not require the use of dried leaves or plant form.{{cite web|url=http://www.health.state.mn.us/topics/cannabis/about/factsheet.html|title=General Information about the Minnesota Medical Cannabis Program|work=state.mn.us|access-date=November 9, 2015|archive-url=https://web.archive.org/web/20151107094808/http://www.health.state.mn.us/topics/cannabis/about/factsheet.html|archive-date=November 7, 2015|url-status=dead}} In 2016, "intractable pain" was added to the list of qualifying conditions, with PTSD added August 1, 2017. Chronic pain and age-related macular degeneration were also added to the list of qualifying conditions on December 1, 2019; the changes went into effect in August 2020.{{Cite news |first=Rachel E. |last=Stassen-Berger |url=https://www.twincities.com/2017/07/05/minnesota-medical-marijuana-cannabis-program-ptsd-post-traumatic-stress-disorder/ |title=Minnesota medical cannabis program to include PTSD sufferers |date=2017-07-05 |work=Twin Cities |access-date=2018-04-22 |language=en-US}}{{Cite web |first=Brian |last=Bakst |first2=Tim |last2=Nelson |url=https://www.mprnews.org/story/2019/12/02/minnesota-adds-more-conditions-options-to-medical-cannabis-program |title=Minnesota OKs medical cannabis for chronic pain, eye disease |date=December 2, 2019 |language=en|access-date=2019-12-03}}

File:Minnesota NORML — Don't Hate, Educate, Legalize - Twin Cities Pride Parade (9179211415).jpg

= Recreational-use cannabis legislation =

On November 6, 2018, Tim Walz was elected Governor of Minnesota. Walz argued that legalizing cannabis could bring in a new source of tax revenue if regulated properly, and it could reduce the number of people locked up for drug offenses: "I just think the time is here and we're seeing it across the country. Minnesota has always been able to implement these things right."{{Cite web |url=https://www.twincities.com/2018/11/25/legalize-pot-gov-elect-tim-walz-says-minnesota-should/|title=Legalize pot? Gov.-elect Tim Walz says Minnesota should |date=2018-11-25 |website=Twin Cities |language=en-US |access-date=2019-04-13}}

On January 28, 2019, Senator Melisa Franzen (DFL-Edina), Senator Scott Jensen (R-Chaska), and Representative Mike Freiberg (DFL-Golden Valley) introduced a bill that would allow people over 21 to possess, grow, and purchase limited quantities of cannabis. In a statement from Senator Freiburg: "Our focus in drafting legislation to end the prohibition of cannabis in Minnesota is to ensure we have a responsible regulatory model for consumer access that still provides for public health, safety and welfare." he continued, "The time has come for us to have this debate."{{Cite magazine|url=https://www.rollingstone.com/culture/culture-news/minnesota-marijuana-weed-legalization-bill-785436/|title=Minnesota Introduces Bill for Marijuana Legalization|last=Reed|first=Ryan|date=2019-01-28|magazine=Rolling Stone|language=en-US|access-date=2019-04-13}}

On March 8, 2019, Republicans in the Minnesota Senate voted down a measure to legalize the recreational use of cannabis. Republicans also decided not to create a task-force to study the issue further. Sen. Melisa Franzen, who sponsored the measure, stated "We don't have a bill to move, so I think the debate is shut down in the Senate," noting that Governor Tim Walz could convene a task force of his own but chose to not do so. Several proposals remained under consideration in the House, including the creation of a task force, similar to what Franzen proposed, and a constitutional amendment to let voters decide the fate of legalizing, taxing and regulating the recreational use of cannabis.{{Cite web|url=https://www.startribune.com/minnesota-senate-rejects-legalizing-recreational-marijuana/506978532/ |first=J. Patrick |last=Coolican |title=Minnesota Republican senators reject legalizing marijuana |website=Star Tribune |date=12 March 2019 |access-date=2019-04-13}}{{Cite web|url=https://kstp.com/news/companies-prepare-legal-marijuana/5357196/|title=High but not hired: Companies preparing for legal marijuana|last=Raiche|first=Ryan|date=2019-05-17|website=KSTP|language=en|access-date=2019-05-20}}

On July 1, 2022, food and beverages containing tetrahydrocannabinol (THC) became legal in Minnesota if the chemical was derived from hemp.{{Cite web |last=Faircloth |first=Ryan |title=Edibles, beverages infused with cannabis ingredient THC become legal Friday in Minnesota |date=30 June 2022 |url=https://www.startribune.com/edibles-and-beverages-laced-with-cannabis-ingredient-thc-to-become-legal-friday-in-minnesota/600186638/ |access-date=2022-07-01 |website=Star Tribune}} Packages were limited to a THC content of 50 mg total and 5 mg per serving. The legislation was enacted in part to address previously unregulated delta-8-tetrahydrocannabinol products. It is unclear if leaders of the Minnesota Senate understood that this legislation would legalize products with delta-9-tetrahydrocannabinol.

Democrats took control of the Minnesota Senate in the 2022 election and made it clear that cannabis would be on their list of top legislative priorities. In January 2023, Representative Zack Stephenson (DFL-Coon Rapids) and Senator Lindsey Port (DFL-Burnsville) introduced a bill to legalize recreational marijuana.{{cite web |work=kare11.com |url=https://www.kare11.com/article/news/local/minnesota-plan-to-legalize-cannabis/89-b2c0e27b-f289-42d9-a8b6-5d40f9aa1d34 |title=Minnesota DFL lawmakers unveil plan to legalize adult-use cannabis | date=January 5, 2023 }}

On April 24, 2023, the bill HF100 was passed by the Minnesota House 71–59 and a 34–33 party-line vote in the Minnesota Senate.{{Cite web |date=2023-04-28 |title=Minnesota Poised to Become 23rd Legal Marijuana State |url=https://norml.org/blog/2023/04/28/minnesota-poised-to-become-23rd-legal-marijuana-state/ |access-date=2023-06-19 |website=NORML |language=en-US}} After reconciling differences in the House and Senate versions of the bills, the updated legislation was reintroduced to the Minnesota House on May 18, where it passed with a 73–57 vote and transferred to the Senate the next day, passing with a 34–32 vote on May 20.{{cite news |last1=Derosier |first1=Alex |title=Minnesota Senate sends legal marijuana to governor's desk |url=https://www.duluthnewstribune.com/news/minnesota/minnesota-senate-sends-legal-marijuana-to-governors-desk |access-date=July 16, 2023 |work=Duluth News Tribune |date=May 20, 2023}} On May 30, 2023, Governor Tim Walz signed the bill into law.{{Cite web |date=20 May 2023 |first=Ryan |last=Faircloth |title=Senate votes to legalize recreational marijuana; Walz has pledged to sign bill |url=https://www.startribune.com/minnesota-marijuana-legalization-bill-senate-legalize-recreational-marijuana-legislature-pot-weed/600276465/ |access-date=2023-05-20 |website=Star Tribune}} Recreational use of cannabis became legal on August 1, 2023.

= Implementation of legalized cannabis =

Representative Zach Stephenson estimates that it will take at least a year to complete and implement the organized framework for recreational dispensaries, possession, sale, and cultivation after passage of HF100.{{Cite web |title=House passes bill to legalize recreational cannabis, sends it to Senate - Session Daily - Minnesota House of Representatives |url=https://www.house.mn.gov/sessiondaily/Story/17948 |access-date=2023-04-26 |website=www.house.mn.gov}}

A new "Office of Cannabis Management" was introduced for regulation and law-enforcement, the addition of more than 12 types of licenses for commercial growers, a 10% sales tax on all cannabis sales in addition to state taxes, multiple treatment programs for victims of drug abuse, and providing grants to those with high interest in joining the cannabis market.

The bill also removes all penalties for cannabis possession and results in the expungement of all previous criminal convictions for first-time and subsequent cannabis possession offenses. It also authorizes operation of paid cannabis delivery services.

Native American dispensaries

Several tribes currently operate dispensaries on their Minnesota reservations, including:{{cite news |last1=Masters |first1=Clay |title=New adult-use cannabis dispensary opens in Minnesota, closest to Twin Cities |url=https://www.mprnews.org/story/2024/06/06/new-adultuse-cannabis-dispensary-opens-in-minnesota-closest-to-twin-cities |access-date=16 August 2024 |work=MPR News |date=6 June 2024 |language=en}}

University of Minnesota

In November 2023, it was formally announced that the University of Minnesota would be immediately establishing a "research center" for cannabis.{{cite web |first=Cole |last=Premo |url=https://www.cbsnews.com/minnesota/news/university-of-minnesota-launches-states-first-research-center-for-cannabis/ |title=University of Minnesota launches state's first research center for cannabis |website=CBS News |date=16 November 2023 |access-date=25 July 2024 }}

Banning cannabis odor vehicular searches

Effective August 1, 2024, Minnesota law bans police and law enforcement from vehicular searches based solely on cannabis odor.{{cite web |first=A.J. |last=Herrington |url=https://www.forbes.com/sites/ajherrington/2024/06/19/minnesota-laws-bans-searches-based-solely-on-marijuana-odor/ |title=Minnesota Law Bans Searches Based Solely on Marijuana Odor |date=19 June 2024 |website=Forbes |access-date=25 July 2024 }}

See also

References

{{reflist}}

{{Cannabis in the United States}}