As of Tuesday, Aug. 1, Minnesota residents can possess, use and grow cannabis.

The Minnesota Legislature and Gov. Tim Walz signed a new law in May making Minnesota one of 23 states, plus Washington, D.C., where marijuana is legal.

The state is still in the process of setting up a process for retail dispensaries to sell cannabis products, which will be overseen by a new state Office of Cannabis Management.

Here’s what’s legal as of Tuesday, according to the League of Minnesota Cities:

Cannabis legal to possess, use, and grow beginning Aug. 1

This law allows a person 21 years of age or older to:

• Use, possess, or transport cannabis paraphernalia.
• Possess 2 ounces or less of cannabis flower in a public place.
• Possess 2 pounds or less of cannabis flower in a person’s residence.
• Possess or transport 8 grams or less of adult-use cannabis concentrate.
• Possess or transport edible products infused with a total of 800 milligrams or less of tetrahydrocannabinol.
• Give away cannabis flower and products in an amount that is legal for a person to possess in public.

Home growth of cannabis will also be authorized beginning Aug. 1, allowing an individual to cultivate up to eight cannabis plants, of which, up to four may be mature, flowering plants. Home growth of cannabis must be in an enclosed, locked space that is not open to public view.

Where cannabis and cannabis products can and cannot be consumed

The law explicitly authorizes individuals to use adult-use cannabis flower and adult-use cannabis products:

• In a private residence, including the individual’s curtilage or yard.
• On private property, not generally accessible by the public, unless the owner of the property prohibits the use of the products.
• On the premises of an establishment or event licensed to permit onsite consumption.

A person may not use cannabis flower, cannabis products, or hemp-derived consumer products in a manner that involves the inhalation of smoke, aerosol, or vapor at any location where smoking is prohibited under the Minnesota Clean Indoor Air Act (MCIAA).

The law is silent on whether cannabis can be smoked in public places other than public places governed by the MCIAA. While the law does not specifically authorize the use of cannabis in public places, it does not create any penalty for use in a public place other than those governed by the MCIAA. If a city would want an enforcement mechanism to prevent the use of cannabis in public places, it would need to adopt an ordinance prohibiting such use and make it a petty misdemeanor.

The new law does not clearly define the types of locations that are considered not generally accessible by the public. Therefore, any city ordinance should clearly define such locations. Existing ordinances related to smoking in public places may cover cities for these products, cities should review their ordinances and determine if any changes are necessary.

In addition, the MCIAA authorizes cities to adopt more stringent regulations to protect individuals from secondhand smoke or from involuntary exposure to aerosol or vapor from electronic smoking devices.

Cannabis sales still illegal

It is unlawful to sell cannabis and cannabis products without a license received from the Office of Cannabis Management. State agencies have indicated that retail licenses will not be issued possibly until January 2025 at the earliest, any sales attempted until licenses are issued are illegal. This does not apply to edible cannabinoid products regulated under a separate Minnesota statute.

The City of Hastings decided against passing a proposed interim ordinance on cannabis and cannabinoids that city staff had sought in June to give the city time to review the voluminous new law.

The city council in April passed ordinances that set fees for new businesses wishing to sell cannabis-based products and specifying where they can be located. No new businesses applied for the licenses.

City Administrator Dan Wietecha said new city regulations stay in place until the state Office of Cannabis Management opens.

“Our ordinances adopted in spring are in effect until the state office is open,” he said on Monday.

As of now, there are five businesses in Hastings that sell cannabinoid gummies, which were legalized by the legislature in 2022.