Minnesota’s Marijuana Laws
In 1976, Minnesota joined several other states in reducing the penalties for possessing a small amount of marijuana to a petty misdemeanor, which carries a maximum $200 fine. The State defines a “small” amount to be 42.5 grams or less of marijuana. This does not apply to the drug in its resinous form.
Medical Cannabis
In 2014, Minnesota became the 22nd state to legalize medical cannabis.
At first, the law didn’t allow patients with a prescription to smoke marijuana leaves; they were only allowed to use pills, oils and vaporizers. However, the State Legislature expanded the law to include smoking dried cannabis leaves in 2021. As of August 2022, Minnesota’s medical marijuana program also added cannabis-infused edibles to its options for patients.
To be eligible to use medical marijuana in Minnesota, you must be a Minnesota resident who has been certified with one of the following qualifying conditions, as defined by the Minnesota Department of Health:
- Alzheimer’s disease
- Amyotrophic lateral sclerosis (ALS)
- Autism spectrum disorder (must meet DSM-5)
- Cancer, if the disease or its treatment causes severe or chronic pain, nausea, severe vomiting, cachexia or severe wasting
- Chronic motor or vocal tic disorder
- Chronic pain
- Glaucoma
- HIV/AIDS
- Inflammatory bowel disease, Crohn’s disease
- Intractable pain
- Irritable bowel syndrome (effective Aug. 1, 2023)
- Obsessive-compulsive disorder (effective Aug. 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 (MS)
- Sickle cell disease
- Terminal illness, with a probable life expectancy of less than one year, that causes severe or chronic pain, nausea, severe vomiting, cachexia or severe wasting
- Tourette syndrome
Although these are the only medical disorders that currently qualify, the Medical Cannabis Review Panel hears all petitions for new additions to the list and reviews them annually.
Recreational Marijuana
Despite several proposals to legalize recreational cannabis—including a 2019 bill that would have allowed people over 21 to possess, grow and purchase limited amounts of cannabis—recreational marijuana remains illegal in Minnesota. However, several proposals for its legalization remain under consideration in the House.
Products Containing Hemp-Derived THC
In July 2022, Minnesota legalized beverages and food containing THC derived from hemp. However, packages must be limited to 50mg of THC total, with a maximum of 5mg of THC per serving.
This legislation began as an effort to address unregulated Delta-8 THC products, and whether or not the legislature realized their laws would also apply to Delta-9 THC (the primary psychoactive component in marijuana) is unclear.
Penalties for Marijuana-Related Drug Crimes
Although the State of Minnesota decriminalized possession of 42.5 grams or less of marijuana, there are still many marijuana-related drug crimes that can land you in a world of legal trouble. With these crimes, the amount of drugs in your possession and whether you intended to distribute it will play a huge part in your sentencing.
Here are some of the maximum penalties for marijuana-related drug crimes that can also result in imprisonment in Minnesota:
- Felony marijuana possession: up to 30 years in prison and a maximum fine of up to $1,000,000
- Felony marijuana distribution: up to 35 years in prison and maximum fine of up to $1,250,000.
- Selling paraphernalia to a minor: up to one year in jail and up to a $3,000 fine.
As you can see, marijuana-related drug crimes in Minnesota can still take a huge toll on your life, despite medical marijuana being legal. If you’re charged with a drug crime in Minnesota, the best thing to do is seek out legal representation immediately.
