Introduction
With marijuana laws changing across the country, many people in Minnesota wonder what’s legal, what isn’t, and what kind of trouble they could face for possessing cannabis. While the state has taken steps toward legalization, marijuana possession in Minnesota can still lead to criminal charges, depending on the amount, your age, and where you’re caught.
This blog will walk you through the current cannabis laws in Minnesota, the penalties for marijuana possession, and how you can protect yourself if you’re facing drug charges.
Is Marijuana Legal in Minnesota?
As of August 1, 2023, recreational marijuana became legal for adults 21 and older in Minnesota under the Adult-Use Cannabis Law passed by the state legislature.
However, legalization doesn’t mean you can carry or use marijuana freely in all situations. There are strict limitations on how much you can possess, where you can use it, and how it must be stored or transported.
In short: Marijuana is legal in some circumstances, but there are still plenty of ways to get arrested or fined if you break the rules.
Legal Possession Limits in Minnesota
Under the current law:
- Adults 21 and older can possess:
- Up to 2 ounces of cannabis flower in public
- Up to 8 grams of cannabis concentrate (e.g., wax, oil)
- Up to 800 milligrams of THC edibles (e.g., gummies, beverages)
- Up to 2 ounces of cannabis flower in public
- In your private residence, you may have:
- Up to 2 pounds of cannabis flower
- Up to 2 pounds of cannabis flower
If you’re found with more than these limits, you can still face misdemeanor or felony charges.
You can review these possession rules in detail via Minnesota’s Office of Cannabis Management.
Where Can You Use Marijuana?
Even if you possess a legal amount, public consumption is limited. You can’t legally use cannabis:
- In a motor vehicle
- On school property
- In state parks
- In public places where smoking is banned
- At workplaces that prohibit it
If you’re caught using marijuana in a restricted area, you could face fines or even criminal charges depending on the situation.
Penalties for Marijuana Possession Above Legal Limits
The penalties depend on the amount and your intent (personal use vs. distribution).
Misdemeanor Possession
- More than 2 ounces but less than 4 ounces in public:
- Petty misdemeanor
- Fine of up to $300
- No jail time, but it appears on your record
- Petty misdemeanor
- More than 2 pounds at home:
- Gross misdemeanor
- Up to 1 year in jail
- Fine of up to $3,000
- Gross misdemeanor
Felony Possession
- More than 2 pounds in a vehicle or outside your home
- Possession with intent to distribute
- Large-scale possession involving concentrates or edibles
Penalties may include:
- Up to 5 years in prison
- Fines up to $10,000 or more
- A permanent felony record
The severity increases with repeat offenses or evidence suggesting trafficking or sales.
Marijuana Possession by Minors
If you’re under 21, possession of any amount of marijuana is still illegal. Penalties can include:
- Mandatory drug education classes
- Community service
- Fines
- Juvenile court involvement
In some cases, charges may escalate if possession occurs on school property or involves intent to sell.
Marijuana and Driving: Still Illegal
Even though cannabis is legal in many cases, driving while high remains illegal in Minnesota.
Driving under the influence of marijuana is treated similarly to alcohol-related DWI offenses:
- First-time offenses can result in license suspension, fines, and possible jail time
- Refusing a drug test can trigger Implied Consent Law consequences
Even legal cannabis use can lead to a DWI if you are impaired while operating a vehicle.
Learn more about Minnesota’s impaired driving laws at the Minnesota Department of Public Safety.
Expungement for Past Marijuana Convictions
Minnesota’s legalization law includes a provision for automatic expungement of certain low-level marijuana offenses. This means:
- Petty misdemeanors and some misdemeanors involving marijuana possession will be cleared from your record without requiring legal action
- More serious offenses may require a petition-based expungement, depending on the details
The Minnesota Department of Corrections and the Bureau of Criminal Apprehension are responsible for identifying eligible cases.
You can check your eligibility or get help through LawHelpMN.org.
Possession with Intent to Sell
Possessing large amounts of marijuana — especially if packaged in multiple bags or accompanied by cash or scales — may trigger intent to sell charges.
Penalties for sale of marijuana include:
- Felony charges
- Mandatory prison time depending on the amount
- Enhanced penalties if sales occurred near schools, parks, or to minors
These charges are much more serious and typically require aggressive legal defense.
How Law Enforcement Determines Your Intent
Police and prosecutors look for evidence such as:
- Quantity exceeding personal use limits
- Packaging materials (baggies, jars)
- Large sums of cash
- Communication (texts, DMs) suggesting sales
- Surveillance or witness testimony
Even if you didn’t actually sell anything, intent alone can lead to felony charges.
What To Do If You’re Charged with Marijuana Possession
If you’ve been arrested for marijuana possession in Minnesota:
- Do not admit anything — wait for your lawyer
- Understand your charges — is it possession, intent, or a DWI?
- Contact an experienced drug defense attorney immediately
At Martine Law, we:
- Review your case details and potential defenses
- Challenge unlawful searches or stops
- Fight to reduce or dismiss your charges
- Explore expungement options if eligible
Common Defenses in Marijuana Cases
- Illegal search and seizure — Fourth Amendment violations can lead to suppression of evidence
- You didn’t know the marijuana was in the vehicle or home
- Medical use with valid documentation (CBD or THC for approved conditions)
- Entrapment in cases involving undercover investigations
Each case is different. Having the right legal team can make all the difference in outcome.
Final Thoughts
Marijuana possession laws in Minnesota have evolved, but that doesn’t mean you’re free from legal consequences. Violating possession limits, using cannabis in prohibited areas, or possessing with intent to sell can still result in serious charges.
Understanding your rights and the law is the first step in protecting yourself. If you’ve been charged or have questions about Minnesota’s marijuana laws, get legal help as early as possible.
Contact Martine Law for Help
Whether you’re facing a misdemeanor for a few extra grams or felony charges tied to alleged sales, Martine Law is here to defend your rights. We’ll help you navigate the complexities of Minnesota’s marijuana laws and build a strong case in your defense.
Schedule a free consultation and protect your future today.