Minnesota’s Cannabis Legalization: Understanding the Implications of the New Law

Here’s What You Need to Know About Legal Weed in Minnesota

When it comes to marijuana laws, a lot has changed in our state in the last few years. Here are some key things you should know about Minnesota cannabis laws and their implications. Minnesota has taken steps in cannabis legalization, but it remains an ongoing issue with nuanced regulations and ongoing debates.

Marijuana Is Legal for Adults, Subject to Certain Limits

In Minnesota, possession and use of marijuana are now legal for adults who are at least 21 years old. The law says it’s legal to have or transport up to:

  • Two ounces of cannabis flower
  • Eight grams of cannabis concentrate
  • Cannabis products containing up to 800 milligrams of THC

Many different products are now legal, from buds to edibles,  and candies to beverages. The law also says that it’s legal to have up to two pounds of marijuana in your home.

It’s Still a Crime to Transport Marijuana Across State Lines

It’s important to remember that this is a Minnesota state law; it’s still a federal crime to transport marijuana across state lines. If you bring marijuana from our state to another state where it’s still illegal, you could face prosecution in that state, as well as federal charges.

It’s Still a Crime to Smoke and Drive

Just because weed is legal in Minnesota doesn’t mean it’s legal everywhere in Minnesota. You still cannot operate your motor vehicle under the influence of marijuana. 

It’s like the laws for alcohol—just because drinking is legal doesn’t mean you can drink and drive. If you’ve been arrested for driving while impaired by marijuana, contact an attorney as soon as possible.

Some Employers Are No Longer Drug Testing for Marijuana

Except where federal or Minnesota laws specifically require drug testing for marijuana, you can expect a lot fewer pre-employment drug tests. Random drug tests for marijuana during employment are also banned.

The exceptions are for “safety-sensitive” jobs such as supervisory jobs where being high could put others’ safety in jeopardy. These include: 

  • Healthcare jobs
  • Jobs that require care for vulnerable adults and children
  • Jobs that require a commercial driver’s license 
  • Jobs where an employment contract stipulates not getting high

Some Past Marijuana Crimes Are Being Expunged

In 2023, two bills were signed into law: The Clean Slate Act and The Adult-Use Cannabis Act. These bills require that certain marijuana-related criminal records be expunged. This means the records are sealed, so past charges can no longer hold you back when potential landlords or employers check your criminal history. 

Under the Clean Slate Act, eligible individuals do not need to file a petition or pay any fees to have their records expunged. Once an individual’s record has been expunged, they can legally deny the existence of the conviction in most situations, such as when applying for jobs or housing.

These new Minnesota laws mandate the expungement of all misdemeanor marijuana offenses. This is expected to occur in May 2024, according to the Minnesota Department of Public Safety Bureau of Criminal Apprehension.

The law also creates a Cannabis Expungement Board to review felony offenses for expungement on a case-by-case basis. You don’t need to apply in order for the Board to review your case. The Board is hoping to review all cases by the end of 2024.

Questions About Cannabis? Get Legal Help

The specifics of cannabis regulations and legislation in Minnesota are subject to change, so be sure to stay informed and consult with legal professionals or advocacy organizations for the most up-to-date information.

If you have questions about legal marijuana use in Minnesota, talk with a lawyer. To get started, contact White & Associates at 763-241-0477. Our Elk River legal team has in-depth knowledge of Minnesota’s laws. Consultations are free and confidential.

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