Minnesota
Adult Use
Marijuana is now legal for adults 21 and older to possess and use in Minnesota, as the state became the 23rd in the country to legalize marijuana for adult use. On May 30, 2023, Minnesota Governor Tim Walz signed an expansive cannabis legalization bill into law, allowing the adult use of cannabis for adults 21 and older beginning on August 1, 2023.
The legislation allows Minnesotans 21 and older to possess and use certain amounts of cannabis and cannabis products. Specifically, adults 21 and older are now allowed to possess or transport up to 2 ounces of cannabis flower, 8 grams of concentrate, and 800 milligrams of edible product (including low-potency hemp-derived product). An adult who is at least 21 years old may also possess up to two pounds of cannabis flower in a private residence and grow a limited number of cannabis plants at home.
The legalization legislation established a new Office of Cannabis Management (OCM) in Minnesota. This office will regulate cannabis (including for the adult-use market, the Medical Cannabis Program, and lower-potency hemp edibles) and license adult-use cannabis businesses, including retail dispensaries. Notably, the legislation proposes that retail sales for adult-use cannabis in Minnesota (except for tribal nations) will begin in the first quarter of 2025.
The legalization legislation established the following types of licenses (Note: Applications for business licenses will be available once rulemaking is complete. OCM expects applications for licenses to be available in early 2025.):
- Cannabis Microbusiness – application fee $500; no initial license fee; renewal license fee $2,000.
- Cannabis Mezzobusiness – application fee $5,000; initial license fee $5,000; renewal license fee $10,000.
- Cannabis Cultivator – application fee $10,000; initial license fee $20,000; renewal license fee $30,000.
- Cannabis Manufacturer – application fee $10,000; initial license fee $10,000; renewal license fee $20,000.
- Cannabis Retailer – application fee $2,500; initial license fee $2,500; renewal license fee $5,000.
- Cannabis Wholesaler – application fee $5,000; initial license fee $5,000; renewal license fee $10,000.
- Cannabis Transporter – application fee $250; initial license fee $500; renewal license fee $1,000.
- Cannabis Testing Facility – application fee $10,000; initial license fee $10,000; renewal license fee $20,000.
- Cannabis Event Organizer – application fee $750; initial license fee $750.
- Cannabis Delivery Service – application fee $250; initial license fee $500; renewal license fee $1,000.
- Lower-Potency Hemp Edible Manufacturer – application fee $250; initial license fee $1,000; renewal license fee $1,000.
- Lower-Potency Hemp Edible Retailer – application fee $250 per retail location; initial license fee $250 per retail location; renewal license fee $250 per retail location.
- Medical Cannabis Cultivator – application fee $250; no initial license fee; no renewal license fee.
- Medical Cannabis Processor – application fee $250; no initial license fee; no renewal license fee.
- Medical Cannabis Retailer – application fee $250; no initial license fee; no renewal license fee.
- Medical Cannabis Combination Business – application fee $10,000; initial license fee $20,000; renewal license fee $70,000.
Â
The legislation prioritizes applications for business licenses from people who are considered social equity applicants, which includes people who were convicted of possessing or selling cannabis; family members of someone convicted of possessing or selling cannabis; service-disabled veterans, current or former members of the national guard, or any military veteran or current or former member of the national guard who lost honorable status due to an offense involving the possession or sale of cannabis; residents for at least five years of a neighborhood that experienced a disproportionately large amount of cannabis enforcement; emerging farmers; and residents of at least five years of census tracts with high poverty rates.
Hemp
In Minnesota, hemp production is regulated under the Minnesota Industrial Hemp Development Act (Minnesota Statutes 18K), which aligns with the federal 2018 Farm Bill. This legislation provides the framework for the cultivation, processing, and distribution of hemp products within the state. Here’s an overview of the hemp business laws in Minnesota, including licensing requirements:
- Grower License – This license is designed for individuals or entities looking to cultivate hemp. Applicants must adhere to strict THC testing protocols to ensure that the hemp does not exceed the legal limit of 0.3% THC. The application process for a grower license requires the submission of a comprehensive plan that outlines cultivation methods and the intended use of the harvested crop. The cost of obtaining a grower license varies based on the acreage planned for cultivation. Additionally, the location of the cultivation must comply with local zoning laws, ensuring that hemp farms are suitably distanced from residential areas and schools to meet municipal regulations.
- Processor License – This license allows for the processing of harvested hemp into various products, such as CBD oil, textiles, and other hemp-derived materials. Processors must submit a detailed plan that includes processing methods and strategies for distributing end products. The fees for a processor license depend on the scale and nature of the operations. Similar to growers, processors must also comply with local zoning laws and are subject to regular inspections to ensure that their operations do not exceed THC thresholds.
Â
Both types of licenses require applicants to undergo background checks to screen for any criminal activity related to controlled substances. Regular THC testing is mandated to maintain compliance with THC content levels. For non-compliant hemp that exceeds THC limits or is otherwise unusable, Minnesota mandates specific disposal methods to ensure safe and legal handling of waste. These methods must comply with both state and federal regulations, highlighting the state’s commitment to maintaining public safety and product integrity in the hemp industry.
These structured regulations ensure that the hemp industry in Minnesota operates safely and effectively, providing clear guidelines for both cultivation and processing activities.
Psychedelics
In Minnesota, recent legislative and municipal actions reflect the growing interest in the potential therapeutic uses of psychedelics, along with an evolving legal and regulatory environment.
- State Scheduling of Psychedelics – Psychedelics such as psilocybin, LSD, and MDMA are currently classified as Schedule I controlled substances under both federal and Minnesota law, indicating a high potential for abuse and no recognized medical use at the federal level. However, recent legislative efforts, such as the establishment of a Psychedelic Medicine Task Force, signal a potential reevaluation of these substances’ status, particularly their medical and therapeutic benefits.
- Ketamine Laws and Telehealth – Ketamine, used both as an anesthetic and a treatment for certain mental health conditions, is legally administered in medical settings in Minnesota. Recent expansions in telehealth laws due to the COVID-19 pandemic have increased access to various mental health treatments, including potentially those involving ketamine, under supervised settings. This aligns with broader national trends towards integrating telehealth solutions in psychiatric care, although specific Minnesota legislation directly addressing ketamine use via telehealth wasn’t specified in the most recent updates.
- State Right to Try – Minnesota adheres to the federal “Right to Try” Act, which allows terminally ill patients to try experimental therapies that have completed Phase 1 of the FDA approval process but are not yet fully FDA approved. This legislation could potentially apply to psychedelic therapies in the future, especially as clinical trials continue to show promise for conditions such as PTSD and depression.
- State Religious Exemptions – While Minnesota has not explicitly addressed religious exemptions for the use of psychedelics, such exemptions exist at the federal level under the Religious Freedom Restoration Act (RFRA). This act has been used to allow the religious use of psychedelics, such as ayahuasca by the União do Vegetal and Santo Daime churches. As local and state policies evolve, similar exemptions could potentially be recognized or challenged within Minnesota.
- Local Decriminalization Efforts – Municipal actions, such as the executive order from Minneapolis Mayor, Jacob Frey, which made natural psychedelics the lowest law enforcement priority, reflect a shift towards decriminalization at the local level. This order supports the use of substances like psilocybin and ayahuasca, emphasizing a public health approach over criminalization.
These developments in Minnesota highlight a significant shift towards exploring the therapeutic potentials of psychedelics, with ongoing studies and legislative changes that may redefine their legal status and therapeutic applications. As this field evolves, further updates from the Psychedelic Medicine Task Force and potential legislative changes will provide more definitive guidance and regulations.
Check Other States Licensing Guide
- Adult Use
- Medical
- Limited Medical
- Illegal
Where to Find Us
Address
Contact INFO
PHONE:Â 786-526-1155
EMAIL:Â info@mrcannabislaw.com