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MN recreational marijuana now legal

By Doug Barrett Aug 1, 2023 | 8:16 AM

Minnesotans can legally possess and grow their own marijuana for recreational purposes starting today subject to limits meant to keep a lid on things while the state sets up a full-blown legal cannabis industry.

Legalization followed a debate between critics who fear for the impacts on public safety and young people, and supporters who argue that prohibition of the drug had failed. Backers of the law framed legalization noted that people of color were more likely than whites to be arrested for minor offenses, and to suffer lasting consequences in employment and housing.

Here’s a look at what will and won’t change in Minnesota as of Aug. 1:

WHAT’S LEGAL

Adults 21 and older can possess and travel in the state with 2 ounces of cannabis flower, 8 grams of concentrate and 800 milligrams worth of THC-containing edible products such as gummies and seltzers. They can have up to 2 pounds of cannabis flower at home.

It remains illegal under federal law to bring marijuana in from out of state.

MINNESOTA GROWN

Adults can grow up to eight plants at home, with no more than four flowering at a time. The plants must be grown in an enclosed, locked space that’s not open to public view, whether that’s indoors or in a garden.

Retailers can start selling marijuana seeds if they comply with labeling and other requirements set by the Minnesota Department of Agriculture.

WHERE AND WHERE NOT TO TOKE

Cannabis can be legally consumed on private property, including private homes. Eventually it will be allowed at special events where organizers have permits.

But it’s still illegal to smoke or vape cannabis anywhere that tobacco smoking is prohibited, including most businesses, apartment buildings and college campuses. Nothing in the state law prohibits smoking it on a public sidewalk, but local ordinances might.

Cannabis use remains illegal in all forms while driving, in public schools, on school buses, in state prisons, and on federal property. It can’t be smoked or vaped where a minor could inhale it.

GUNS AND GANJA

Federal law still bars cannabis consumers from owning firearms or ammunition.

That’s despite Second Amendment-friendly provisions in the Minnesota law. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has said that regardless of Minnesota’s new law, a “current user” of marijuana is defined as an “unlawful user” for federal purposes. That means people following state law are still prohibited from having guns and ganja.

Gun purchasers must fill out an ATF form saying whether or not they use marijuana. Lying on the form is a felony under federal law.

CLEANING SLATES

Minor marijuana convictions, like possession of small amounts, will began to be automatically expunged starting in August. More than 60,000 Minnesotans could benefit, but the Bureau of Criminal Apprehension says the process could take up to a year to clear everyone’s record.

A special Cannabis Expungement Board will be formed to review felony convictions to determine eligibility case by case.

REGULATING IT

The Office of Canibus Management will oversee the cannabis industry in Minnesota. It’s starting to list job positions, with applications for the office’s first executive director open through July 31.

The office will also take over the running of Minnesota’s medical marijuana program, which won’t be taxed.

Tribal governments will set their own rules.

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