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Adults 21 and older in Minnesota may legally possess up to 2 ounces of cannabis flower in public, 2 pounds at home, 8 grams of concentrate and edibles with up to 800 milligrams of THC. Possessing more is a petty misdemeanor, misdemeanor, gross misdemeanor or felony depending on the amount. People under 21 may not possess cannabis.
Minnesota recently updated its marijuana laws, allowing limited legal possession for adults under certain conditions. However, possession outside the legal limits or by minors can still lead to criminal charges. Get professional guidance by contacting a Minnesota lawyer.Â
Even with legalization changes, violations of marijuana laws can lead to fines, criminal charges, and other consequences. Consulting a Minnesota criminal defense attorney can help clarify your rights and options.
Minnesota marijuana possession laws after legalization
In 2023, Minnesota passed legislation permitting adults 21 and older to possess small amounts of marijuana for personal use. Key points include:
- Adults may possess up to 2 ounces of marijuana in public.
- Adults may possess up to 8 grams of cannabis concentrate and edibles with up to 800 milligrams of THC, and may keep up to 2 pounds of cannabis flower at home (Minn. Stat. 342.09, subd. 1).
- Home cultivation is allowed at an adult’s primary residence: up to 8 plants, no more than 4 mature, in an enclosed, locked space not open to public view (Minn. Stat. 342.09, subd. 2).
- Consumption must occur on private property; public use remains prohibited.
Violating these limits or engaging in distribution can still result in criminal penalties. Have questions? Contact a Minnesota marijuana defense lawyer
Possession penalties for adults
If you possess marijuana within legal limits, there is no criminal penalty. However, possession exceeding the limits can lead to:
1. Fourth degree (petty misdemeanor)
- Amount: more than 2 ounces but not more than 4 ounces of flower outside your home, more than 8 but not more than 16 grams of concentrate, or edibles with more than 800 milligrams but not more than 1,600 milligrams of THC
- Penalty: a petty misdemeanor, which is not a crime and carries no jail
2. Third degree (misdemeanor)
- Amount: more than 4 ounces but not more than 1 pound of flower outside your home, more than 16 but not more than 80 grams of concentrate, or edibles with more than 1,600 milligrams but not more than 8 grams of THC
- Penalty: up to 90 days in jail and a $1,000 fine
3. Second degree (gross misdemeanor)
- Amount: more than 1 pound but not more than 2 pounds of flower outside your home, more than 80 but not more than 160 grams of concentrate, or edibles with more than 8 but not more than 16 grams of THC
- Penalty: up to 364 days in jail and a $3,000 fine
4. First degree (felony)
- Amount: more than 2 pounds of flower, more than 160 grams of concentrate, or edibles with more than 16 grams of THC (up to the statute’s upper limits)
- Penalty: up to 5 years in prison and a $10,000 fine
Source: Minn. Stat. 152.0263, subds. 1 to 4.
5. Possession by minors (under 21)
- Possession by anyone under 21 is not allowed (Minn. Stat. 342.09, subd. 1(b))
- The consequences depend on age and the amount involved
- A lawyer can explain how the case may be handled
Other related penalties
Even if possession falls within legal limits, other activities can trigger charges:
- Public use: cities and counties may make using cannabis in a public place a petty misdemeanor (Minn. Stat. 152.0263, subd. 5)
- Driving under the influence: DUI or DWI charges can apply if impaired
- Distribution or sale: Felony charges with significant prison time
- Possession on school grounds: not allowed in a public or charter school, its facilities or school vehicles, even within the legal limits (Minn. Stat. 342.09, subd. 1(b)(4))
Don’t let your reputation be ruined or your case aggravated. Contact a lawyer now and see your options.Â
What should you do if charged?
Being charged with marijuana possession in Minnesota, even after legalization changes, requires careful handling:
- Consult a Minnesota criminal defense attorney immediately. Minnesota Drug Charge Lawyer
- Document your possession, quantity, location, and how it was stored.
- Avoid self-incrimination; do not admit possession or usage to law enforcement without legal guidance.
- Understand local ordinances, as cities may have stricter rules than state law.
Early legal advice can prevent minor possession cases from escalating to felony charges.
Common outcomes
- Dismissal or reduction: Charges may be reduced if your possession was within a reasonable interpretation of the law.
- Misdemeanor conviction: Possible for minor overages, usually resulting in fines or probation.
- Felony conviction: For larger amounts or distribution, leading to significant jail time and fines.
- Alternative sentencing: Some courts may allow diversion programs, drug education, or community service.
Key takeaways
Marijuana possession in Minnesota is legal for adults under defined limits, but exceeding these limits or violating related rules can result in serious penalties. Key points to remember:
- Stay within legal possession limits: 2 ounces of flower in public (2 pounds at home), 8 grams of concentrate, or edibles with 800 milligrams of THC.
- Minors cannot legally possess marijuana.
- Public use and distribution remain illegal.
- Consult a lawyer if charged to protect your record and minimize penalties.
Understanding these rules ensures you can enjoy the new legal allowances without facing criminal consequences.
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Frequently asked questions
How much marijuana can you legally carry in Minnesota?
Adults 21 and older can carry up to 2 ounces of flower, 8 grams of concentrate and edibles with up to 800 milligrams of THC in public.
Is possessing more than 2 ounces a crime?
Slightly more than 2 ounces, up to 4 ounces, in public is a petty misdemeanor, which is not a crime. Larger amounts can be a misdemeanor, gross misdemeanor or felony.
What happens if someone under 21 is caught with marijuana?
Possession under 21 is not allowed. The consequences depend on age and amount, so talk to a lawyer about the specific situation.
Can you smoke marijuana in your car in Minnesota?
No. Using cannabis in a motor vehicle on a street or highway is not allowed, and driving under the influence of cannabis is DWI.
