The basics: adult-use cannabis in Minnesota

Minnesota legalized adult-use cannabis under Minnesota Statutes Chapter 342, signed into law in May 2023. Personal possession and home cultivation became legal on August 1, 2023; licensed retail sales began later, once the state's licensing framework was in place. Adults 21 and older may now purchase, possess, and use cannabis in Minnesota. The Office of Cannabis Management (OCM) licenses and regulates state-licensed cannabis businesses in Minnesota.

Purchase limits per transaction

Under Minn. Stat. § 342.27, subd. 2, a licensed retailer may sell you the following in a single transaction:

A common misconception: lower-potency hemp edibles do not have a separate 50 mg per-transaction limit. They share the single 800 mg cap with edible cannabis products. The 5 mg and 50 mg figures you may have seen describe how an individual product is formulated, not how much you may buy at once.

Possession limits

Under Minn. Stat. § 342.09, subd. 1, an adult 21 or older may possess or transport:

• 2 oz (56.7 g) or less of adult-use cannabis flower in a public place
• 2 lbs or less of adult-use cannabis flower in your private residence
• 8 g or less of adult-use cannabis concentrate
• 800 mg THC or less across edible cannabis products and lower-potency hemp edibles combined

Going over these amounts is a criminal offense under Minn. Stat. § 152.0263, graduated by quantity — a petty misdemeanor just over the limit, rising to a felony at larger amounts.

Home cultivation

Under Minn. Stat. § 342.09, subd. 2, cannabis may be grown at home without a license, subject to these rules:

• Up to 8 plants per residence — not per person — with no more than 4 mature, flowering at any one time
• Cultivation must take place at the primary residence of an adult 21 or older
• Plants must be in an enclosed, locked space that is not open to public view
• The curtilage or yard of the residence counts as part of the residence
• Landlords and property owners may prohibit cultivation on their property — check your lease

Where you can use cannabis

Permitted under Minn. Stat. § 342.09, subd. 1(a)(7):

• A private residence, including its curtilage or yard
• Private property not generally accessible by the public — unless the property owner has explicitly prohibited it
• The premises of an establishment or event licensed to permit on-site consumption

Prohibited under Minn. Stat. § 342.09, subd. 1(b):

• In a motor vehicle — whether you are driving or a passenger
• By smoking or vaping anywhere smoking is prohibited under the Minnesota Clean Indoor Air Act (Minn. Stat. § 144.414) — which covers most indoor public spaces and workplaces
• Anywhere the smoke, aerosol, or vapor would be inhaled by a minor
• In a public school or charter school, including all facilities and all school vehicles
• In a state correctional facility
• On federal property — national parks, federal buildings, airports — since marijuana remains illegal under federal law
• On any private property where the owner has posted or communicated a prohibition

Public use is a local question. State law does not itself make using cannabis in public a crime. Instead, Minn. Stat. § 152.0263, subd. 5 allows a city or county to adopt an ordinance making public use a petty misdemeanor, provided the ordinance does not reach private residences, private property not open to the public, or licensed on-site consumption venues. Whether using cannabis on a sidewalk or in a park is an offense therefore depends on where you are — check your local ordinance before assuming either way.

Driving & cannabis

• Never drive impaired. Operating a motor vehicle under the influence of cannabis is prohibited by Minn. Stat. § 342.09, subd. 1(b)(6) and prosecuted under Minnesota's DWI laws, the same as alcohol.
• No use inside the vehicle — driver or passenger, moving or parked.
• Transporting is legal within the possession limits above. Minnesota's open bottle law (Minn. Stat. § 169A.35) applies to alcoholic beverages and does not, by its terms, cover cannabis.
• Storing product sealed and out of reach — in the trunk, for instance — is prudent practice rather than a statutory requirement. It removes any question about use in the vehicle and makes a traffic stop simpler for everyone.
• There is no roadside breath test for cannabis impairment. Officers rely on field sobriety testing, observation, and drug recognition evaluators.
• Impairment can outlast the feeling of being high. Give yourself more time than you think you need.

Minnesota's implied consent law applies to cannabis as it does to alcohol, and refusing a lawfully requested test carries its own consequences.

Gifting

An adult 21 or older may give another adult 21 or older, for no payment or anything of value, up to 2 oz of cannabis flower, 8 g of concentrate, or edible products containing up to 800 mg THC. Selling cannabis without an OCM license is illegal. So is dressing a sale up as a gift: "buy a sticker, get free cannabis" arrangements are unlicensed sales, and Minn. Stat. § 342.09, subd. 1(b)(8) separately prohibits giving cannabis away as a sample or promotional gift if you are in the business of selling goods or services. Giving cannabis to anyone under 21 is always illegal.

Cannabis and your job

In broad terms — and this is general information, not legal advice — Minnesota treats cannabis as a lawful consumable product under Minn. Stat. § 181.938, which places limits on what an employer may do about lawful off-duty, off-premises conduct. Separately, Minn. Stat. § 181.951 restricts cannabis testing — including testing of job applicants, and random testing, which is generally confined to safety-sensitive positions and a few other categories the statute names.

Those limits have real exceptions. Employers may generally act on use, possession, or impairment during working hours, on work premises, or while operating the employer’s vehicle, machinery, or equipment. Exceptions also apply where a bona fide occupational requirement is involved, where a position is safety-sensitive, and where following the rule would conflict with federal law or cost the employer federal funding or a license — which is why federal contractors, DOT-regulated drivers, and similar roles are treated differently.

Whether any of this applies to your job depends on your position and your employer. Read your employer’s written policy, and if you believe your rights have been violated, talk to a Minnesota employment attorney.

Traveling with cannabis

Adult-use marijuana remains illegal under federal law and remains classified in Schedule I. Crossing state lines with cannabis — even between two states where it is legal — is a federal crime. Do not carry it across state borders, into airports, onto tribal land without checking that nation's own law, or onto any federal property. Cannabis purchased in Minnesota stays in Minnesota.

Expungement of prior convictions

Minnesota's cannabis law provides for expungement of certain prior convictions for conduct that is now legal, and the process is automatic — you do not have to file anything. For nonfelony offenses, the Bureau of Criminal Apprehension identifies eligible records and notifies the courts to seal them under Minn. Stat. § 609A.055. Felony cannabis convictions are reviewed separately by the Cannabis Expungement Board under Minn. Stat. § 609A.06, which decides whether a record should be expunged or a sentence reduced. The Minnesota Judicial Branch publishes current information and forms, including a request form if you believe an eligible record was missed. A Minnesota attorney can help if your situation is complicated.

Age restrictions

You must be 21 or older to purchase, possess, or use cannabis in Minnesota, and a valid government-issued photo ID is required at every retail purchase. Giving or selling cannabis to anyone under 21 is illegal, and that applies to gifting exactly as it applies to sales.