Minnesota Marijuana Laws (2026): Possession, Limits and Where to Buy

By James Buddsey · Updated October 15, 2026

Yes. Under Minnesota marijuana laws, adults 21 and older can legally carry up to 2 ounces of cannabis flower in public, keep up to 2 pounds at home, and grow up to 8 plants per residence (no more than 4 flowering). Adult use has been legal since August 1, 2023. As of October 2026, sales by licensed businesses carry a 15% cannabis gross receipts tax on top of sales tax, and the Office of Cannabis Management regulates the market.

Minnesota legalized adult-use cannabis through the Legislature in 2023 rather than by ballot measure, creating a new chapter of law, Minnesota Statutes chapter 342, and a new regulator. The same chapter also regulates hemp-derived THC edibles and drinks. This guide explains the rules as of October 2026, with links to the statutes behind each one. It is general information, not legal advice.

Minnesota Cannabis Laws at a Glance

Is Marijuana Legal in Minnesota?

Yes, for adults 21 and older. Governor Walz signed the adult-use law, Laws 2023, chapter 63, on May 30, 2023. Its personal possession and use provisions took effect on August 1, 2023. The law created the Office of Cannabis Management (OCM) to license cannabis businesses, regulate lower-potency hemp edibles and run the medical cannabis program.

Selling without a license, using cannabis in a vehicle and driving under the influence remain illegal. Adult-use cannabis is also still illegal under federal law, which matters at MSP Airport, on federal land and at the state line. See our guide to federal marijuana law in 2026.

How Much Cannabis Can You Possess in Minnesota

Under Minn. Stat. §342.09, subd. 1, an adult 21 or older may:

• possess or transport 2 ounces or less of cannabis flower in a public place,
• possess 2 pounds or less of flower in a private residence,
• possess or transport 8 grams or less of cannabis concentrate,
• possess or transport edibles, including lower-potency hemp edibles, with a combined total of 800 milligrams of THC or less, and
• give, without payment, up to the same public amounts to another adult 21 or older.

Registered medical patients are not bound by these possession limits when their products carry patient-specific labels, under §342.09, subd. 1(d).

Penalties for going over are graded by amount under Minn. Stat. §152.0263:

• Petty misdemeanor (fourth degree): more than 2 and up to 4 ounces of flower outside your home, more than 8 and up to 16 grams of concentrate, or edibles with more than 800 and up to 1,600 mg of THC.
• Misdemeanor (third degree): more than 4 ounces and up to 1 pound outside the home, more than 16 and up to 80 grams of concentrate, or more than 1,600 mg and up to 8 grams of THC in edibles. Up to 90 days and $1,000.
• Gross misdemeanor (second degree): more than 1 and up to 2 pounds outside the home, and matching concentrate and edible amounts. Up to 364 days and $3,000.
• Felony (first degree): more than 2 pounds of flower, more than 160 grams of concentrate, or more than 16 grams of THC in edibles. Up to 5 years and $10,000.

Where You Can Use Cannabis in Minnesota

Section 342.09 allows use in three places: a private residence, including its yard; private property not generally open to the public, unless the owner prohibits it; and the premises of a business or event licensed for on-site consumption. The law bans:

• use in a motor vehicle,
• smoking or vaping anywhere tobacco smoking is banned under the Minnesota Clean Indoor Air Act,
• use or possession in public schools, charter schools and school vehicles, and in state prisons, and
• smoking or vaping where a minor would breathe the smoke or vapor.

Public use is mainly a local matter. Under §152.0263, subd. 5, a city or county may adopt an ordinance making public use a petty misdemeanor, but it cannot define a private residence, permitted private property or a licensed consumption venue as a public place.

Buying Cannabis in Minnesota

• Who can buy: Customers must be 21 or older. Chapter 342 does not limit sales to Minnesota residents, so visitors may buy within the same limits.
• Per-transaction limit: under §342.27, a retailer may sell up to 2 ounces of flower, 8 grams of concentrate and edibles with up to 800 mg of THC in a single transaction.
• Edible potency: adult-use edibles may contain no more than 10 mg of THC per serving and 200 mg per package.
• Hours: no sales from 2 a.m. to 8 a.m. Monday through Saturday, or from 2 a.m. to 10 a.m. on Sunday. Cities and counties may also ban sales between 9 p.m. and 2 a.m., or between 8 a.m. and 10 a.m. on Monday through Saturday.
• Licensed sellers only: selling cannabis, lower-potency hemp edibles or hemp-derived consumer products without an OCM license is illegal under §342.09, subd. 4, and OCM can impose civil penalties starting at up to $3,000 or three times the retail value.

Hemp-Derived THC Edibles and Drinks in Minnesota

Minnesota regulates hemp THC products as “lower-potency hemp edibles,” defined in §342.01. Food products may contain no more than 5 mg of delta-9 THC per serving, and a beverage no more than 10 mg of delta-9 THC per container. They may be sold only by OCM-licensed businesses to customers 21 and older, under §342.46, and they are subject to the same 15% gross receipts tax.

The federal hemp redefinition will put pressure on these products. Synthesized cannabinoids such as delta-8 made from CBD lose federal hemp status on November 12, 2026, and a 0.4 mg total THC per container cap applies to naturally occurring cannabinoids from December 11, 2026. OCM has posted guidance on the federal changes for hemp businesses.

Medical Cannabis in Minnesota

OCM now administers the medical cannabis patient registry program under Minn. Stat. §342.52. To enroll, a patient applies to OCM with a certification, dated within 90 days, from a health care practitioner stating that the patient has a qualifying medical condition. Veterans can enroll with information requested by the office instead. OCM’s patient guide explains how to become a patient.

Benefits include freedom from the adult-use possession limits for properly labeled medical products. A registered designated caregiver may also grow up to 8 plants for one patient household, plus 8 for personal use, with no more than 8 mature and flowering plants in total, under §342.09, subd. 2.

Growing Cannabis at Home in Minnesota

Under §342.09, subd. 2, up to 8 cannabis plants, no more than 4 of them mature and flowering, may be grown at a single residence without a license. The limit is per residence, not per person. The grow must be at the primary residence of an adult 21 or older, in an enclosed, locked space that is not open to public view.

Making concentrate at home with a volatile solvent such as butane is illegal without a license, under §342.09, subd. 3.

Driving and Cannabis in Minnesota

Driving or being in physical control of a motor vehicle while under the influence of cannabis flower, cannabis products, hemp edibles or THC is DWI under §169A.20. The statute’s “any amount” rule for Schedule I and II drugs expressly excludes cannabis and THC, so Minnesota has no THC blood limit. Cases depend on evidence of impairment.

Under §169A.36, it is a misdemeanor to use cannabis in a vehicle on a street or highway, or to have cannabis that is out of its original packaging, in opened or unsealed packaging, or partly used. The trunk is the safe place for an open package. Passengers on buses, limousines and pedal pubs are exempt from the vehicle use ban.

Taking Cannabis Across Minnesota’s Borders, Airports and Federal Land

• Neighboring states: Carrying cannabis across any state line, or into Canada, is illegal under federal law. Rules differ sharply in Wisconsin, Iowa, North Dakota and South Dakota. See our Wisconsin, Iowa, North Dakota and South Dakota guides.
• Flying: The TSA follows federal law and refers cannabis found at screening to police. Carrying cannabis on a flight from MSP or any airport is illegal under federal law.
• Federal land: Voyageurs National Park and other federal property follow federal law, where adult-use cannabis is still a Schedule I drug.

Minnesota Cannabis Taxes in 2026

Under Minn. Stat. §295.81, a 15% gross receipts tax applies to retail sales of taxable cannabis products, a category that includes cannabis flower, cannabis products, hemp-derived consumer products and lower-potency hemp edibles. The rate was 10% until lawmakers raised it to 15% in the 2025 tax law, Laws 2025, First Special Session chapter 13, effective for sales after June 30, 2025. The tax is in addition to state and local sales tax.

Expungement of Cannabis Records in Minnesota

The 2023 law created automatic expungement for many nonfelony cannabis offenses under Minn. Stat. §609A.055, covering dismissals and convictions for low-level possession. Felony cannabis cases are reviewed by the Cannabis Expungement Board created under §609A.06, which can recommend expungement or resentencing when the conduct would be a lesser offense or no crime after August 1, 2023.

What Changed in Minnesota Cannabis Law Recently

• Tax increase (July 1, 2025): the cannabis gross receipts tax rose from 10% to 15%.
• Medical program: now administered by OCM under chapter 342.
• Federal rescheduling (April 2026): marijuana held under a state medical marijuana license, and FDA-approved marijuana products, moved to Schedule III. Adult-use cannabis remains Schedule I while a broader proceeding is on hold. See our federal law guide.

Minnesota Marijuana Laws FAQ

More State and Federal Cannabis Law Guides

Compare Minnesota with every other state in our state cannabis law guides, or read our explainer on federal marijuana law in 2026. Neighboring states: Wisconsin, Iowa, North Dakota and South Dakota.

Neighboring state guides: North Dakota · South Dakota · Iowa · Wisconsin · All state cannabis laws

General information about Minnesota cannabis law as of October 2026, not legal advice.