Minnesota Cannabis Legalization (HF 100)

A bill to legalize cannabis is working its way through Minnesota’s legislature. If HF 100 passes and becomes law in Minnesota, it will be the 22nd state to legalize cannabis for adult use. The new Minnesota cannabis law does a very good job of allowing various types of personal use, including home grow. Here we go over the proposed cannabis law so that you can be ready when Minnesota legalizes it. Enjoy and contact us with questions about getting your cannabis business licensed in Minnesota.

Cannabis Legalization in Minnesota

Not just anyone can use cannabis in Minnesota if HF 100 becomes law. In order to use cannabis there are requirements, which are very similar to other states. A person 21 years of age or older may:

use, possess, or transport cannabis paraphernalia;
possess or transport 1.5 ounces or less of adult-use cannabis in a public place;
possess ten pounds or less of adult-use cannabis in the person’s private residence;
possess or transport eight grams or less of adult-use cannabis concentrate;
possess or transport an edible cannabis product infused with 800 milligrams or less of tetrahydrocannabinol;
give for no remuneration 1.5 ounces or less of adult-use cannabis, eight grams or less of adult-use cannabis concentrate, or an edible cannabis product infused with 800 milligrams or less of tetrahydrocannabinol to a person who is at least 21 years of age; and
use adult-use cannabis and adult-use cannabis products in the following locations:
1. a private residence, including the person’s curtilage or yard;
2. on private property, not generally accessible by the public, when the person is explicitly permitted to consume cannabis or cannabis products on the property by the owner of the property; or
3. on the premises of an establishment or event licensed to permit on-site consumption.

Minnesota has larger possession limits than other states – 1.5 ounces of possession in public, 10 pounds at home – you can gift 1.5 ounces & even allows for onsite consumption!

Cannabis License Types Minnesota

The Cannabis Management Board would be in charge of all licenses under the bill. The office shall issue the following types of license:

cannabis cultivator, including:
1. i) craft cultivator; and
2. ii) bulk cultivator;
cannabis manufacturer;
cannabis retailer;
cannabis wholesaler;
cannabis transporter;
cannabis testing facility;
cannabis microbusiness;
cannabis event organizer;
cannabis delivery service;
lower potency edible retailer;
medical cannabis cultivator;
medical cannabis processor; and
medical cannabis retailer.

The cannabis board will issue licenses based on tiers, with licensees able to request tier changes. The number of issued licenses depends upon the goal of meeting legitimate demand and limiting illegal supply, while assessment criteria such as social equity status and military veteran status are also evaluated in order to better inform decisions. Applicants can gain extra points for addressing underserved markets like medical marijuana by focusing on areas related to security systems, record keeping protocols, labor practices, environmental sustainability measures – among others!

Restrictions against adult use of Cannabis in Minnesota

Of course, not everything under the sun is permitted by Minnesota’s new cannabis law – in fact many of the same restrictions that other states impose on cannabis use are found under Section 8 of the new Adult use cannabis law in Minnesota’s legislature. A person is still prohibited from:

use, possess, or transport cannabis or cannabis products if the person is under the age of 21;
use cannabis or cannabis products in a motor vehicle as defined in section 169A.03, subdivision 15;
use cannabis or cannabis products at any location where smoking is prohibited under section 144.414;
use or possess cannabis or cannabis products in a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E, including all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls;

use or possess cannabis or cannabis products in a state correctional facility;operate a motor vehicle while under the influence of cannabis or cannabis products;
give for no remuneration cannabis or cannabis products to a person under 21 years of age; or
give for no remuneration cannabis or cannabis products as a sample or promotional gift if the giver is in the business of selling goods or services.

Exceptions for Minnesota Medical Cannabis Laws

The prohibitions under paragraph (b), clauses (1) to (4), do not apply to authorized use, possession, or transportation of medical cannabis or medical cannabis products by a patient; registered designated caregiver; or a parent, legal guardian, or spouse of a patient. (d) A proprietor of a family or group family day care program must disclose to parents or guardians of children cared for on the premises of the family or group family day care program, if the proprietor permits the smoking or use of cannabis or cannabis products on the premises outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians. Subd. 2.

What Types of Cannabis Licenses Will Minnesota Have under HF 4632

Minnesota will have many different types of cannabis licenses under its adult use law. A License holder. “License holder” means a person, cooperative, or business that holds any of the following licenses:

cannabis cultivator;
cannabis manufacturer;
cannabis retailer;
cannabis wholesaler;
cannabis transporter;
cannabis testing facility;
cannabis microbusiness;
cannabis event organizer;
cannabis delivery service; or
medical cannabis business.

Minnesota Adult Use Cannabis Law Text in PDF

Home cultivation (grow) of cannabis for personal adult use in Minnesota.

Up to eight cannabis plants, with four or fewer being mature, flowering plants may be grown at a single residence, including the curtilage or yard, without a license to cultivate cannabis issued under this chapter provided that it takes place at the primary residence of a person 21 years of age or older and in an enclosed, locked space that is not open to public view. Subd. 3.

Home extraction of cannabis concentrate by use of volatile solvent prohibited. No person may use a volatile solvent to separate or extract cannabis concentrate without a cannabis manufacturer or cannabis microbusiness license issued under this chapter. Subd. 4. Sale of cannabis and cannabis products prohibited.

No person may sell cannabis or cannabis products without a cannabis retailer or cannabis microbusiness license issued under this chapter. Subd. 5.

Violations for breaking adult use and home grow cannabis laws in Minnesota

(a) In addition to penalties listed in this subdivision, a person who violates the provisions of this chapter is subject to any applicable criminal penalty. (b) The board may assess the following civil penalties on a person who sells cannabis or cannabis products without a license authorizing the sale of cannabis or cannabis products issued under this chapter:

if the person sells more than 1.5 ounces but not more than eight ounces of cannabis, up to $1,000;
if the person sells more than eight ounces but not more than one pound of cannabis, up to $5,000;
if the person sells more than one pound but not more than five pounds of cannabis, up to $25,000;
if the person sells more than five pounds but not more than 25 pounds of cannabis, up to $100,000;
if the person sells more than 25 pounds but not more than 50 pounds of cannabis, up to $250,000; and
if the person sells more than 50 pounds of cannabis, up to $1,000,000.

Penalties for breaking personal adult use and home grow cannabis laws in Minnesota

The board may assess the following civil penalties on a person who sells cannabis concentrate without a license authorizing the sale of cannabis products issued under this chapter:

if the person sells more than eight grams but not more than 40 grams of cannabis concentrate, up to $1,000;
if the person sells more than 40 grams but not more than 80 grams of cannabis concentrate, up to $5,000;
if the person sells more than 80 grams but not more than 400 grams of cannabis concentrate, up to $25,000;
if the person sells more than 400 grams but not more than two kilograms of cannabis concentrate, up to $100,000;
if the person sells more than two kilograms but not more than four kilograms of cannabis concentrate, up to $250,000; and
if the person sells more than four kilograms of cannabis concentrate, up to $1,000,000.

penalties on a person who sells products infused with tetrahydrocannabinol without a license authorizing the sale of cannabis products issued under this chapter:

if the person sells products infused with more than 800 milligrams but not more than four grams of tetrahydrocannabinol, up to $1,000;
if the person sells products infused with more than four grams but not more than eight grams of tetrahydrocannabinol, up to $5,000;
if the person sells products infused with more than eight grams but not more than 40 grams of tetrahydrocannabinol, up to $25,000;
if the person sells products infused with more than 40 grams but not more than 200 grams of tetrahydrocannabinol, up to $100,000;
if the person sells products infused with more than 200 grams but not more than 400 grams of tetrahydrocannabinol, up to $250,000; and
if the person sells products infused with more than 400 grams of tetrahydrocannabinol, up to $1,000,000.

Penalties for violating home grow laws in Minnesota

The board may assess a civil penalty of up to $500 for each plant grown in excess of the limit on a person who grows more than eight cannabis plants, or more than four mature, flowering plants, without a license to cultivate cannabis issued under this chapter.

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Adult Cannabis Use Laws in Minnesota