Minnesota Cannabis Law: What's Legal and What's Still a Crime

What's Now Legal for Adults 21+

Under Minnesota's adult-use cannabis law (Minn. Stat. § 342.09), a person 21 or older may lawfully:

• Possess up to 2 ounces of cannabis flower in public;
• Possess up to 2 pounds of cannabis flower in their private residence;
• Possess up to 8 grams of cannabis concentrate;
• Possess edible products containing up to 800 milligrams of THC;
• Give (not sell) those amounts to another adult 21+; and
• Grow up to 8 plants at home (up to 4 of them mature/flowering), in an enclosed, locked space.

What this means for you: Conduct that used to be a crime — possessing a personal amount of cannabis — is now lawful for adults within these limits. If you're being charged for something within these limits, that's a serious problem with the charge.

What's Still a Crime

Legalization did not make everything legal. Cannabis offenses still exist, and in 2023 the Legislature moved them into their own statutes — separate from the controlled-substance degrees. Key lines that are still enforced:

Possessing Over the Limit (Minn. Stat. § 152.0263)

Possession above the legal amounts is charged by degree based on weight, for example:

• Over 2 ounces up to 4 ounces (in public): a petty misdemeanor (fine, no jail) — a dramatic reduction from the pre-2023 law.
• Larger amounts step up through misdemeanor, gross misdemeanor, and felony levels.
• Possession of two pounds or more of flower (outside the home allowance) can be a felony.

Selling Without a License (Minn. Stat. § 152.0264)

Cannabis retail is now legal only through licensed businesses. Unlicensed sale is a crime, graded by amount — from a misdemeanor for smaller unlicensed sales up to felony levels for larger ones or sales involving aggravating factors or minors. Giving away small legal amounts for free is permitted; selling them without a license is not.

Illegal Cultivation (Minn. Stat. § 152.0265)

Growing beyond the home-grow allowance (more than 8 plants, or growing that isn't in a permitted, enclosed, locked space) can be charged.

Cannabis in a Vehicle

This is a common trap. Cannabis in a motor vehicle generally must be in a sealed or proper container, similar to open-bottle rules for alcohol. An open or accessible package in the vehicle can be charged even when the amount itself is legal to possess.

Driving and Cannabis

Legalization did not change impaired-driving law. Driving under the influence of cannabis remains a DWI offense. The legal right to possess cannabis is not a defense to driving while impaired by it.

Large-Quantity Cannabis Is Still in the Controlled-Substance Statutes Too

For very large quantities, Minnesota retained high-threshold cannabis provisions within the controlled-substance crime statutes (for example, 50 kilograms or more of flower can implicate first-degree controlled-substance law). These big-quantity thresholds are far above anything connected to personal use.

Expungement and Resentencing

One of the most important parts of the 2023 law for people with prior records: it provides for automatic expungement of many lower-level cannabis offenses, and a review process for certain felony-level cannabis convictions to consider expungement or resentencing. If you have an old marijuana conviction, it may be eligible for relief.

What this means for you: A past cannabis conviction that's now legal conduct may be expungeable. This can matter a great deal for employment, housing, and licensing.

Key Terms

• Adult-use cannabis: Cannabis that adults 21+ may legally possess within set limits.
• Cannabis flower / concentrate / edibles: Categories with separate weight and THC limits.
• Unlicensed sale: Selling cannabis outside the licensed retail system — still a crime.
• Expungement: Clearing a qualifying past offense from your record.

Related: open bottle, cannabis, and paraphernalia offenses in Minnesota.