Minnesota becomes the 23rd U.S. state to legalize cannabis

Minnesota’s Democratic governor, Tim Walz, reiterated yesterday his promise to sign the bill legalizing cannabis, which landed on his desk on Saturday. Minnesota, which legalized cannabis for medical use in 2014, will thus become the 23rd U.S. state to legalize cannabis for adults.

When the bill reaches my desk, Minnesota will become the 23rd state in the nation to legalize cannabis for adult use.

- Governor Tim Walz (@GovTimWalz) May 22, 2023

The Minnesota House of Representatives and Senate, both controlled by Democrats, had previously approved bills slightly different legalization measures. House Bill 100, which was passed by both chambers last week, reconciles these differences.

Details on the Legalization of Cannabis in Minnesota

Adults aged 21 or older will be permitted to possess two ounces (56 grams) or less of cannabis in public, share that amount with other adults, keep two pounds (1 kilogram) or less at home, and grow up to eight plants, including four in the flowering stage. These provisions will take effect on August 1.

The bill also provides for the creation of a cannabis management office responsible for issuing licenses and regulating commercial production and distribution. Cannabis products will be subject to a retail sales tax of 10%, in addition to the usual local and state sales taxes.

Local governments will be allowed to regulate retailers and limit their numbers, but they will not be able to ban them entirely. State Representative Zack Stephenson, a co-author of the bill, said that licensed sales are expected to begin in 12 to 18 months.

Initially, cannabis use will be limited to private residences. However, the law will eventually allow cannabis use in businesses and at events holding a special license.

The driving under the influence of cannabis will remain illegal. But Minnesota does not have a standard per se that would automatically find a driver guilty because of the presence of THC in his blood. The law requires evidence of diminished mental capacity.

Bill H.F. 100 decriminalizes certain cannabis-related offenses and reclassifies others. It requires the automatic expungement of criminal records for cannabis possession, a process that, according to the Minnesota Bureau of Criminal Apprehension, could last until August 2024. The bill provides for the creation of a review commission tasked with considering the re-sentencing of individuals with criminal records for cannabis possession.

According to a recent SurveyUSA poll, 64 % of Minnesota voters support the legalization of cannabis, including 81 % of Democrats and 49 % of Republicans. This figure is similar to the national breakdown among U.S. adults which Gallup reported last fall.

«The current system isn’t working,» said Lindsey Port before the vote on the cannabis bill in her chamber, of which she was the primary sponsor. «The best way to protect our children from accessing cannabis is to legalize and regulate it.»