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Minnesota Adults can now legally possess and grow marijuana, with Indian Tribes launching early sales

August 1, 2023 by Kyle Jaeger

Minnesota law allows adults 21 years and older to possess and grow marijuana as personal use. The legalization bill was passed earlier this year by legislators and went into effect on Tuesday. State officials are also implementing the process to automatically delete prior cannabis records.

Although traditional recreational cannabis retail stores are not expected open before at least next summer, other important components of the legalization legislation that Gov. Tim Walz’s (D) May law is now in effect. Two Indian tribes are preparing for a jump start on the adult-use marijuana sales. They plan to open shops as soon as Tuesday.

It is now legal to possess up to 2 ounces and to cultivate up to 8 plants. Four of these can be matured at any one time. Adults can only possess up to two pounds of marijuana in a single household.

It is also legal to give up to 2 ounces of pot between adults, without any remuneration.

It also created the Office of Cannabis Management, which was launched last month. The primary regulatory body will oversee the cannabis market, and the governor is actively looking for an executive director.

The Cannabis Expungement Board is another body which has been established. It will facilitate the sealing of records for those with marijuana convictions in their record. The review of eligible cases will begin on Tuesday.

In a June update, the Minnesota Bureau of Criminal Apprehension stated that 66,000 cannabis records would be automatically sealed as a result of the legalization legislation. The Expungement Board of the Minnesota Department of Corrections will review another 230,000 records.

The first adult-use retail stores in the state will not open until after Tuesday’s legalization.

The state is eager to get the industry up and running, as the governor stated last month. Indian tribes may be able sell to adult consumers earlier than the standard licensees. Two tribes have indicated that they may be ready to start sales this week.

Before Walz even signed the reform law, the state created a website to serve as a central hub of information on the new law. Officials are also soliciting vendors who can help create a licensing system.

It is illegal for adults to vape or smoke marijuana inside a multifamily building, such as an apartment. This includes if the balcony or patio are outside. A $250 fine is the penalty for breaking the law.

The policy on marijuana possession by minors has also caused some confusion. The bill sponsors intended to eliminate criminal penalties, but it has recently been revealed that those under 21 caught with cannabis may be charged as a petty crime under a statute that wasn’t changed by the legalization act. has requested a special legislative session in order to codify the criminalization of underage possession, and to address other “glaring” issues.

The main elements of the final marijuana law:

Adults 21 years and older can now possess up to 2 ounces in public. They will also be able grow up to 8 plants at home. Four of them may be mature. In their homes, people can have up to 2 pounds of marijuana.

Adults can give each other up to 2 ounces of marijuana for free.

The licensing process and the regulated sales are expected to begin in 12-18 months. From March 1, 2025 existing medical cannabis businesses will be able to receive new combination licensing that allows them to enter the adult-use market.

Several marijuana misdemeanors will be automatically expunged as of Tuesday. BCA is responsible for identifying those who qualify for relief and submitting them to the courts for processing. The Cannabis Expungement Board may also grant relief for felony cannabis crimes, and reduce sentences for those who are still incarcerated.

Municipalities and counties are allowed to own and operate government-run dispensaries in addition to establishing a system of cannabis businesses.

Cannabis delivery services and on-site consumption permits will be allowed under the bill.

Local governments are not allowed to ban marijuana businesses in their area, but they can still set “reasonable regulations” on time and location. They can also limit the number of cannabis licenses issued based on population.

The state will impose a 10 percent gross receipts tax, in addition to its standard sales tax of 6.875 percent.

Eighty percent of the revenue will be deposited in the general fund, with some money earmarked to fund cannabis businesses and substance abuse treatment programs. Twenty percent will be distributed to local governments.

OCM was created at the start of the month. It will be responsible for the regulation of the market and the issuance cannabis business licenses. A designated Division of Social Equity will be created.

This legislation will promote social justice, in part, by rewarding equity applicants with higher scores. Social equity applicants will include people who live in low-income areas and veterans who have lost their honorable status because of a cannabis-related crime. All people convicted of cannabis crimes, or those who have a family member convicted, are eligible.

Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

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Democratic-Farmer-Labor legislators are pointing to the achievement on cannabis reform as a direct result of voters putting the party in the majority in both chambers after last year’s election.

The bill that passed both chambers was an updated version of the bill that the House of Representatives passed in 2021. Former Majority Leader Ryan Winkler, (D) served this year as the campaign chairman for the advocacy coalition MN Is Ready .

A poll conducted in May revealed that 64 percent of Minnesota’s registered voters supported the creation of a regulated market . This included 81 percent Democrats and 49 percent of Republicans.

Two surveys released in September showed that the majority of Minnesota residents support the legalization of adult-use marijuana. One survey also revealed that more Minnesotans approved of the state’s decision to legalize THC infused edibles, which was implemented last year.

In September, a poll conducted by members of the House during the State Fair found that the majority also supported legalization. This legislature-run survey found that 61 per cent of Minnesotans support legalizing cannabis for adults.

The support for legalization was higher this year than in 2021 when the House Public Information Services surveyed fair-goers. The House poll in 2019 found that 56 percent supported legalization.


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Photo by Chris Wallis // Side Pocket Images.

The post Minnesota Adults can now legally possess and grow marijuana, with Indian Tribes launching early sales appeared initially on Marijuana moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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