What are the new Limits of Cannabis Possession in Minnesota?
Minnesota is set to become the 23rd state in the country to legalize cannabis use for people 21 and older. That being said, there are still limitations on what that means. These laws are set to take effect on August 1, 2023. If you are facing marijuana possession charges or have a conviction, make sure that you sit down with an experienced Minnesota drug defense lawyer.
“Drug laws have changed dramatically in Minnesota.Make sure your lawyer knows about these changes.”
What are the Limits of Cannabis Possession both inside and Outside of the Home?
Because this law is brand new at the time of this writing, a lot of the particulars are still to be determined. Starting on August 1, 2023, Minnesotans are allowed to possess and use certain amounts of cannabis and cannabis products. That being said, there are a few key points that are clear including:
Adults 21 and older are allowed to possess or transport up to 2 ounces of cannabis flower, 8 grams of concentrate and 800 milligrams of edible product (including lower-potency hemp-derived product). This would be outside of a private residences.
Adults 21 and older are allowed to possess up to two pounds of cannabis flower in a private residence.
Starting on August 1, 2023, adults age 21 and older can grow up to eight cannabis plants, with no more than four being mature.
A cultivation license will be required to grow more than eight plants. The plants must be grown in an enclosed, locked space that is not open to public view.
Gifting up to two ounces of marijuana without remuneration between adults would be permitted.
Remember, marijuana still remains illegal under federal law, where it is still classified as a controlled substance.
Lower-potency THC hemp edibles continue to be legal.
Would people be able to smoke Cannabis anywhere?
No. There are absolutely restrictions. Minnesotans 21 and older could consume cannabis products:
In a private residence or yard;
On private property not accessible to the public if permitted by the owner;
On the premises licensed for on-site consumption - this is still unclear and needs to be determined;
Vaporizing or smoking cannabis in a multi-family housing building would be prohibited.
Would it be legal to grow cannabis?
Minnesotans 21 and older would be able to grow eight cannabis plants per residence, with no more than 4 being mature.
Plants can be grown indoors or outdoors but must be in an enclosed and locked space that is not open to the public.
“This new law makes many forms of marijuana possession including some levels of felony possession legal in Minnesota.”
If you are facing marijuana possession charges in Minnesota, this new law may have a huge impact upon the disposition of your case. It is not just about the law but also potentially about how County Attorneys here in Minnesota may start to look both at possession and even intent to sell cannabis. For more, consult with an experienced Minnesota drug defense attorney.
Jack Rice is a former prosecutor, former CIA Officer and Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line . . . Jack Rice Defense.