ST. PAUL — Minnesota has legalized recreational marijuana for adults, with the new law set to go into effect Aug. 1.
Gov. Tim Walz on Tuesday, May 30, signed into law a bill allowing marijuana possession for people 21 and older, expunging marijuana conviction records and creating a new regulatory plan for the substance.
While marijuana will be legal to use, possess and grow at home this summer, it will take a while longer for new dispensaries and businesses to open under the new licensing system.
The move comes after years of advocacy at the Capitol, more than 30 committee hearings since January and two votes in both the House and Senate. It passed mostly with the support of Democratic-Farmer-Labor lawmakers, though a few Republicans in the House voted in support of the bill.
"This has been a long journey with a lot of folks involved," Walz said. "What we know right now is that prohibition does not work."
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Legalization bills had advanced at the Capitol before, but with DFLers in charge of the Senate, House and governor's office after the November election, 2023 offered the highest-ever chances of recreational marijuana getting the green light in Minnesota.
Twenty-two other states and Washington, D.C., have legalized recreational marijuana, backers noted at the signing, which was attended by former Minnesota Gov. Jesse Ventura, a longtime legalization advocate. At a past hearing on legalization, Ventura, who served as governor from 1999-2003, testified that his wife had to obtain cannabis illegally for years to help treat her chronic seizures.
"After years of prohibition, we didn't want any families to go through what the First Lady and I went through ... now, today, they'll never have to," said Ventura, 71. "It's very wonderful to see a dream of yours over 20 years ago finally happen today. And I'm still alive to see it."
Backers of legalization have not touted marijuana as a big money maker for the state, but instead point to the unequal outcomes for different groups in society, particularly racial and ethnic minorities, and wasted law enforcement resources as a reason to end prohibition.
Plus, whether or not pot is legal, people continue to buy, sell and use it. Regulation is the best option, supporters say.
Opponents of legalization have raised concerns about road safety, as there is no current field test for marijuana impairment.
They also worry about marijuana’s impact on younger people’s mental health, and proposed raising the minimum age to possess and use the substance to 25.
While some legalization proponents have acknowledged studies showing human minds do not fully mature until 25, they find that limit unrealistic given the legal age of 21 to buy alcohol.
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GOP lawmakers have also questioned selection criteria for granting marijuana distribution licenses based on “social equity scores.” DFL lawmakers said they proposed that system as a way to distribute the benefits of the new industry in communities where drug laws did the most harm.
Under the legalization law set to take effect this summer, adults can possess 2 ounces or less of cannabis in a public place, and 2 pounds or less in a residence. Individuals can possess edibles with a total of 800 milligrams or less of THC, the psychoactive component of cannabis.
Cannabis must be used in a private setting like a home or at an establishment or event licensed for on-site consumption.
Home growers will be able to have eight plants, four or fewer of which could be mature, flowering plants.
The legalization law requires expungement of petty misdemeanor and misdemeanor marijuana convictions from records. A new Cannabis Expungement Board would review felony cases and determine whether a record should be cleared or if the person should be resentenced.
Many employers will no longer be able to test employees for cannabis use, though police officers; firefighters; people working directly with children or vulnerable adults; health care workers; and truck drivers would still have drug and alcohol screenings. Employers can also still bar employees from using cannabis during work hours.
Legalization will create new licenses for cultivators, retailers, wholesalers and other parts of the cannabis business. An office of cannabis management created by the law will be tasked with regulating the production and sale of cannabis products in the state as well as the state medical cannabis program.
House bill sponsor Rep. Zack Stephenson, DFL-Coon Rapids, said it would be 12-18 months before new dispensaries can open and sell recreational marijuana.
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Sales of cannabis products would carry a 10% state tax on top of the existing 6.875% state sales tax.
The law appropriates nearly $80 million for new regulations and other legalization-related programs in the next two years. It also includes millions in funding to address concerns about high drivers by training officers to recognize signs of marijuana intoxication.
The Minnesota Trucking Association, one of the groups opposed to the bill, had concerns about road safety, but also said it could harm recruitment for the industry. Federal regulations bar people who test positive for THC from driving commercial trucks.
THC-containing edibles made legal in Minnesota last July also would fall under new regulations. Sellers of the low-dosage edibles currently legal in the state would need to apply for a license. As the state sets up the new cannabis regulation office, businesses already selling edible and drinkable products can apply for a temporary license from the state starting this summer.
Local governments will have a say in regulating marijuana, including the number of businesses allowed in a community. Many municipalities were concerned they wouldn’t have enough control over how marijuana businesses could operate and eventually got more control in the final version of the legislation.
In addition to local control, 20% of revenue from cannabis will go to local government aid in regulating the substance. The rest goes to state regulation.
This story was updated at 4:45 p.m. May 30 with quotes from Jesse Ventura and Tim Walz and information about testing, as well as an additional photo and a video. It was originally posted at 1:36 p.m. May 30.
Follow Alex Derosier on Twitter @xanderosier or email aderosier@forumcomm.com .
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