Minnesota Marijuana Laws 2026
Marijuana is fully legal in Minnesota in 2026 for both recreational and medical use. Governor Tim Walz signed HF 100 on May 30, 2023, making Minnesota the 23rd state to legalize adult-use cannabis. Personal possession became legal August 1, 2023. Licensed retail sales launched September 16, 2025 and the market has grown rapidly — 96 licensed adult-use retailers were active statewide by February 2026. Adults 21 and older can possess up to 2 oz in public, grow up to 8 plants at home, and purchase from licensed dispensaries.
Last reviewed: May 2026 — laws change, always verify with a licensed attorney.
Recreational Status
Fully Legal
Since Aug. 1, 2023 (HF 100); retail since Sept. 2025
Medical Status
Fully Legal
Since 2014 (Medical Cannabis Act)
Possession Limit
2 oz in public; 2 lbs at home
8g concentrate; edibles up to 800mg THC
Home Cultivation
8 plants per adult
4 mature max; locked, enclosed, out of public view
Recreational use
Governor Walz signed HF 100 on May 30, 2023. Personal possession and home cultivation became legal August 1, 2023. Licensed retail sales were slower to arrive — the Office of Cannabis Management (OCM) spent 2024 and much of 2025 building the regulatory framework, awarding the first licenses through a social equity lottery in June 2025. Retail sales launched September 16, 2025, first through the existing medical cannabis businesses and then expanding to new licensees.
| Legal age | 21 and older |
| Where to buy | Licensed adult-use retailers (96 active as of February 2026) |
| Delivery | Authorized under HF 100 through licensed operators |
| Tribal dispensaries | Red Lake Nation, Mille Lacs Band of Ojibwe, White Earth Nation, and others operate dispensaries under sovereign authority |
| Public consumption | Not permitted — consuming in public is a misdemeanor |
| Multifamily housing | Smoking and vaping prohibited; building owners can restrict use |
| Open container in vehicle | Illegal — carries possible jail time |
| Gifting (adults 21+) | Up to 2 oz flower (or 8g concentrate / 800mg THC edibles) to another adult 21+ without payment |
| Driving while impaired | Illegal — behavioral impairment standard (no per se THC limit) |
A market in its early days: Minnesota’s retail market launched in late 2025 and is still in rapid growth. Supply is tight — wholesale flower prices have exceeded $4,500 per pound because licensed production hasn’t caught up with demand yet. More licenses are being issued and supply should grow through 2026.
Possession limits
Minnesota sets different limits for public and private (home) possession.
| In public — flower | Up to 2 oz |
| In public — concentrate | Up to 8 grams |
| In public — edibles/infused products | Up to 800mg THC |
| At home (private residence) | Up to 2 lbs flower |
| Home harvest | Cannabis grown legally at home can be kept in the private residence |
Going over the public limit is a misdemeanor or civil offense depending on the amount. Large-quantity possession (over 2 kg) is a felony.
| Amount (flower, public) | Classification | Max jail | Max fine |
|---|---|---|---|
| Up to 2 oz (adults 21+) | No penalty | None | $0 |
| Over 2 oz — under 2 kg | Misdemeanor | Up to 1 year | $3,000 |
| 2 kg — under 10 kg | Felony | 5 years | $10,000 |
| 10 kg — under 50 kg | Felony | 20 years | $250,000 |
| 50 kg or more | Felony | 25 — 30 years | Up to $1,000,000 |
Home growing
| Plants per adult 21+ | Up to 8 plants (no more than 4 mature/flowering at one time) |
| Location requirement | Primary residence or curtilage; enclosed, locked space; not visible to the public |
| Landlord restrictions | Building owners can prohibit cultivation in their properties |
Adults 21 and older can grow up to 8 plants at their primary residence, with no more than 4 in flower at any time. Plants must be in an enclosed, locked space that is not visible to the public. Harvested cannabis can be stored at home in the 2-pound home possession allowance.
Sale and distribution penalties
Adults 21+ can give away up to the public possession amount to another adult 21+ without payment. Any sale outside the licensed system is a crime. Minnesota’s unlicensed distribution penalties scale steeply by quantity.
| Amount | Classification | Max jail | Max fine |
|---|---|---|---|
| Gift of up to 2 oz to adult 21+ (no payment) | No penalty | None | $0 |
| Unlicensed sale — under 42.5g | Misdemeanor | 90 days — 1 year | $1,000 — $3,000 |
| Unlicensed sale — 42.5g — under 5 kg | Felony | 5 years | $10,000 |
| 5 kg — under 25 kg | Felony | 20 years | $250,000 |
| 25 kg — under 50 kg | Felony | 25 years | $500,000 |
| 50 kg or more | Felony | 30 years | $1,000,000 |
| Sale to a minor | Felony | 20 years | $250,000 |
| Sale within a school zone | Felony | 15 — 30 years | $100,000 — $1,000,000 |
| Importing 100 kg+ or using a minor to import | Felony | 35 years | $1,250,000 |
Paraphernalia
Paraphernalia is legal for adults 21+ using cannabis legally. Possession of paraphernalia for legal personal use carries no penalty. Sale of paraphernalia to a minor (gross misdemeanor) carries up to 1 year in jail and a $3,000 fine.
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Minnesota medical cannabis program
Minnesota’s medical cannabis program has been active since 2014 (signed by Governor Dayton). Since recreational legalization, the program is less critical for basic access — any adult 21+ can now purchase from licensed dispensaries. However, the medical program provides meaningful advantages: purchases are exempt from the 15% cannabis excise tax, patients can access higher-potency products, and medical dispensaries had a head start on adult-use sales in 2025.
The Office of Cannabis Management (OCM) now oversees the medical program — it was transferred from the Department of Health to OCM in March 2025.
| Program established | 2014 (Medical Cannabis Act) |
| Oversight | Office of Cannabis Management (OCM) since March 2025 |
| Patient possession | 30-day supply as determined by the dispensary pharmacist |
| Excise tax on purchases | Exempt — significant savings vs. recreational 15% excise tax |
| Licensed dispensaries | Yes — also authorized to sell adult-use cannabis |
| Home cultivation | Not a separate medical right — all adults 21+ can grow 8 plants under HF 100 |
| Out-of-state cards accepted | No |
Qualifying conditions
A licensed healthcare provider must certify the patient. Qualifying conditions include: age-related macular degeneration, Alzheimer’s disease, ALS, autism spectrum disorder, cancer (with associated symptoms), chronic pain, chronic vocal or motor tic disorder, Crohn’s disease, glaucoma, HIV/AIDS, intractable pain, PTSD, seizures/epilepsy, severe and persistent muscle spasms, sickle cell disease, obstructive sleep apnea, terminal illness, and Tourette’s syndrome. The OCM reviews the qualifying conditions list annually and can add new conditions.
Taxes and expungement
What taxes apply to Minnesota cannabis?
Adult-use cannabis purchases are subject to a 15% cannabis excise tax (raised from 10% in 2025) plus Minnesota’s 6.5% state sales tax and applicable local taxes. Medical cannabis purchases are exempt from the excise tax. Revenue from the excise tax goes to the general fund, local government cannabis aid, and substance abuse prevention and treatment.
Automatic expungement of past convictions
HF 100 included automatic expungement of prior cannabis convictions for conduct that is now legal under the new law. If you have a prior cannabis conviction and believe it may qualify, consult a Minnesota attorney.
Social equity in licensing
HF 100 included one of the most comprehensive social equity licensing frameworks of any state. The first round of adult-use retail licenses was awarded through a social equity lottery in June 2025, prioritizing applicants from communities disproportionately impacted by cannabis prohibition. Social equity status also brings access to grant funding for start-up and training costs.
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Recent changes
- February 7, 2026: The city of Anoka opened the first municipally-owned cannabis dispensary in the United States, a landmark for the emerging Minnesota market.
- February 2026: 96 adult-use retail licenses active statewide; 135 total cannabis business licenses issued across all license types.
- 2025 — Excise tax raised to 15%: Minnesota lawmakers increased the adult-use cannabis excise tax from 10% to 15%. Medical cannabis purchases remain exempt.
- September 16, 2025 — Retail sales launched: The first licensed adult-use cannabis stores opened in Minnesota, beginning with the existing medical cannabis combination businesses (Green Goods, RISE) and expanding to new social equity licensees.
- June 2025 — First retail licenses awarded: The OCM awarded the first round of retail licenses through a social equity lottery, prioritizing applicants from disproportionately impacted communities.
- March 2025 — Medical program transferred to OCM: Oversight of Minnesota’s medical cannabis program moved from the Department of Health to the newly created Office of Cannabis Management.
- August 1, 2023 — Possession and cultivation became legal: Adults 21+ became legally able to possess up to 2 oz in public, 2 lbs at home, and grow up to 8 plants under HF 100.
- May 30, 2023 — HF 100 signed: Governor Tim Walz signed the Cannabis Expungement and Legalization Act, making Minnesota the 23rd state to legalize adult-use cannabis. The law also included automatic expungement of prior convictions and a comprehensive social equity program.
- 2014 — Medical Cannabis Act signed: Governor Mark Dayton signed Minnesota’s medical cannabis law, creating the state’s medical program.
Official resources
- Office of Cannabis Management (OCM) — Minnesota’s cannabis regulator; licensing, rules, and resources
- Minnesota Medical Cannabis Program
- NORML Minnesota — current laws and penalties
