| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| 2 oz or less in public | No Penalty | N/A | N/A |
| 2 lbs or less in private | No Penalty | N/A | N/A |
| More than 2 oz less than 4 oz | Petty Misdemeanor | N/A | $300 |
| 4 oz - 1 lb | Possession in Third Degree | 90 days | $1,000 |
| 1 lb - 2 lbs | Possession in Second Degree | 1 year | $3,000 |
| 2 lbs - 10 kg | Possession in First Degree | 5 years | $10,000 |
| * There is a possible drug education course requirement. | |||
Sale |
|||
| 2 oz or less without remuneration | No Penalty | N/A | N/A |
| 8g of concentrate with no remuneration | No Penalty | N/A | N/A |
| 800 mg edible products with no remuneration | No Penalty | N/A | N/A |
| Sale of up to 2 oz | Petty Misdemeanor | N/A | $300 |
| Sale of over 2 oz | Cannabis Sale in Third Degree | 90 days | $1,000 |
| Importing 100 kg or more or using a minor to import | Felony | 35 years | $1,250,000 |
| To a minor | Felony | 20 years | $250,000 |
| Within a school zone or other specified areas | Felony | 15 years | $100,000 |
| 5 – less than 25 kg in a school zone | Felony | 25 years | $500,000 |
Cultivation |
|||
| Up to 8 plants (4 mature) | No Penalty | N/A | N/A |
| More than 8 plants (4 mature) but less than 16 plants | Civil Penalty | N/A | $ 500/plant |
| More than 16 plants but less than 23 | Cultivation of Cannabis in the Second Degree | 1 Year | $ 3,000 |
| 23 or more plants | Cultivation of Cannabis in the First Degree | 5 Years | $ 10,000 |
Hash & Concentrates |
|||
| Possession of up to 8g concentrate | No Penalty | N/A | N/A |
| Possessio of up to 800 mg in edible form | No Penalty | N/A | N/A |
| Sale of up to 8g concentrate or 800 mg infused into edible product | Petty Misdemeaor | N/A | $300 |
| Sale of over 8g concentrate or 800 mg infused in edible products | Cannabis Sale in Third Degree | 90 days | $1,000 |
| See Penalty Details for edible cannabis products | |||
Paraphernalia |
|||
| Possession of paraphernalia | No Penalty | N/A | N/A |
| Sale/Advertise | No Penalty | N/A | N/A |
| Sale to a minor | Misdemeanor | 1 year | $3,000 |
Miscellaneous |
|||
| Conviction for possession or sale while driving may result in a 30 day driver's license suspension. | |||
| Updated May 30, 2023 | |||
Penalty Details
Possession for Personal Use
The Minnesota statute lists Marijuana as a Schedule 1 controlled substance.
Possession of 2 oz or less in public or 2 lbs in private is legal in Minnesota.
- §342.09 of Minnesota Statute
Possession of more than 2 oz but not more than 4 oz of cannabis concentrate is cannabis possession in the fourth degree. This is punishable as a petty misdemeanor, with a fine of up to $300.
- §152.0263 of the Minnesota Statutes
Possession of more than 4 oz but not more than 1 lb of cannabis concentrate is cannabis possession in the third degree. This is punishable by not more than 90 days imprisonment and/or a $1,000 fine.
- §152.0263 of the Minnesota Statutes
Possession of more than 1 lb but not more than 2 lbs of cannabis concentrate is cannabis possession in the second degree. This is punishable by not more than 1 years imprisonment and/or a $3,000 fine.
- §152.0263 of the Minnesota Statutes
Possession of more than 2 lbs but not more than 10 kg of cannabis concentrate is cannabis possession in the first degree. This is punishable by not more than 5 years imprisonment and/or a $10,000 fine.
- §152.0263 of the Minnesota Statutes
Possession of more than 10 kg but less than 25 kg of cannabis flower is a controlled substance crime in the third degree
- §152.022 of the Minnesota Statutes
Possession of more than 25 kg but less than 50 kg of cannabis flower is a controlled substance crime in the second degree
- §152.023 of the Minnesota Statutes
Possession of 50 kg or more of cannabis flower is a controlled substance crime in the first degree
- §152.021 of the Minnesota Statutes
* A conditional discharge is possible for first time offenders.
* There is a possible drug education course requirement.
- Section 152.02 of the Minnesota Statutes
- Section 152.021 of the Minnesota Statutes
- Section 152.022 of the Minnesota Statute
- Section 152.023 of the Minnesota Statute
- Section 152.024 of the Minnesota Statute
- Section 152.025 of the Minnesota Statute
- Section 152.027 of the Minnesota Statute
Sale
Sale for no remuneration by a person over the age of 21 to another person over the age of 21 is not an unlawful sale.
- §152.0264 of the Minnesota Statutes
It is lawful to give up to 2 oz cannabis flower, 8 g cannabis concentrate, or edible products infused with up to 800 mg of cannabis for no remuneration.
- §342.09of the Minnesota Statutes
Sale of up to 2 oz of cannabis flower is sale of cannabis in the fourth degree. This is punishable as a petty misdemeanor, with a fine of up to $300.
Sale of over 2 oz of cannabis flower is sale of cannabis in the third degree. This is punishable by not more than 90 days imprisonment and/or a fine up to $1,000.
- § 152.0264 of the Minnesota Statutes
In addition to the criminal penalties the following civil penalties may also be imposed:
Sale of up to two ounces of cannabis flower is punishable by a $3,000 fine or three times the retail value of the cannabis flower, whichever is greater.
Sale of more than two ounces but not more than 8 oz of cannabis flower is punishable by a $10,000 fine or three times the retail value of the cannabis flower, whichever is greater.
Sale of more than 8 ounces but not more than 1 lb of cannabis flower is punishable by a $25,000 fine or three times the retail value of the cannabis flower, whichever is greater.
Sale of more than 1 lb but not more than 5 lbs of cannabis flower is punishable by a $50,000 fine or three times the retail value of the cannabis flower, whichever is greater.
Sale of more than 5 lb but not more than 25 lbs of cannabis flower is punishable by a $100,000 fine or three times the retail value of the cannabis flower, whichever is greater.
Sale to a minor is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000.
Distribution within a school zone or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $100,000. Subsequent convictions shall be committed to the commissioner of corrections for 1 – 30 years and a possible fine of not more than $100,000.
Distribution of 5 kg – less than 25kg within a school zone or other specified areas is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000.
Distribution of 25 kg or more within a school zone or other specified areas is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000. Subsequent convictions shall be committed to the commissioner of corrections for 4 – 40 years and a possible fine of not more than $1,000,000.
- Section 152.021 of the Minnesota Statutes
- Section 152.022 of the Minnesota Statute
- Section 152.023 of the Minnesota Statute
- Section 152.024 of the Minnesota Statute
- Section 152.025 of the Minnesota Statute
- Section 152.027 of the Minnesota Statute
- Section 152.0261 of the Minnesota Statute
Cultivation
It is lawful to grow up to 8 cannabis plants with a maximum of 4 being mature in Minnesota. Cultivation must take place at the primary residence of an adult 21 years or older. The plants may be grown outdoors. All plants must be in an enclosed, locked space that is not accessible by the public.
- §342.09(2) of the Minnesota Statutes
A civil penalty of up to $500 for each plant grown in excess of the limit may be assessed when a person grows more than 8 plants or more than four mature plants, without a license to cultivate cannabis issued under this chapter.
- §342.09(6) of the Minnesota Statutes
Growing more than 16 but not more than 23 plants is cultivation of cannabis in the second degree. This is punishable by not more than 1 one year imprisonment and/or a $3,000 fine.
Growing more than 23 cannabis plants is cultivation of cannabis in the first degree. This is punishable by not more than 5 years imprisonment and/or a $10,000 fine.
- §152.0265 of the Minnesota Statutes
Hash & Concentrates
The Minnesota statute lists Marijuana and Tetrahydrocannabinol separately in Schedule 1 of the Minnesota controlled substances schedule. Tetrahydrocannabinols are defined as any mixture, compound, or preparation that contains the active THC component of the Cannabis plant or its resinous extractives. Case law refers to Hashish as the resinous form of Marijuana and generally holds that Marijuana and Hashish should be treated equally under the law.
Possession of up to 8 g of cannabis concentrate and up to 800 mg in infused edible products.
The punishments enumerated in the statutes are equal for Marijuana and Tetrahydrocannabinols in all but one instance. The only difference is the decreased penalties for the possession of, or distribution without remuneration of, a small amount of plant-form Marijuana. This provision does not include Tetrahydrocannabinols. The statute specifically excludes the “resinous form” of Marijuana from inclusion in the definition.
Possession of more than 16 g but not more than 80 g of cannabis concentrate is cannabis possession in the third degree. Possession of edible products infused with more than 1,600 mg but not more than 8 g of cannabis is cannabis possession in the first degree. This is punishable by not more than 90 days imprisonment and/or a $1,000 fine.
- §152.0263 of the Minnesota Statutes
Possession of more than 80 g but not more than 160 g of cannabis concentrate is cannabis possession in the second degree. Possession of edible products infused with more than 8 g but not more than 16 g of cannabis is cannabis possession in the second degree. This is punishable by not more than 1 year imprisonment and/or a $3,000 fine.
- §152.0263 of the Minnesota Statutes
Possession of more than 160 g but not more than 2 kg of cannabis concentrate is cannabis possession in the first degree. Possession of edible products infused with more than 16 g but not more than 200 g of cannabis is cannabis possession in the first degree. This is punishable by not more than 5 years imprisonment and/or a $10,000 fine.
- §152.0263 of the Minnesota Statutes
Possession of more than 2 kg but less than 5 kg of cannabis flower is a controlled substance crime in the third degree. Possession of edible products with more than 200 g but less than 500 mg of cannabis is a controlled substance crime in the third degree.
- §152.023 of the Minnesota Statutes
Possession of more than 5 kg but less than 10 kg of cannabis concentrate is a controlled substance crime in the second degree. Possession of edible products with more than 500 g but less than 1 kg of cannabis is a controlled substance crime in the second degree.
- §152.022 of the Minnesota Statutes
Possession of 10 kg or more of cannabis concentrate or edible products infused with more than 1 kg of cannabis is a controlled substance crime in the first degree.
- §342.08 of Minnesota Statutes
- § 152.02 of the Minnesota Statutes
- § 152.01 of the Minnesota Statutes
- §152.021 of the Minnesota Statutes
- § 152.027 of the Minnesota Statutes
- § 152.025 of the Minnesota Statutes
- Soutor v. State, 342 N.W.2d 175 (Ct. App. Min. 1984)
Sale of up to 8 g of cannabis concentrate or edible products infused with more than 800 mg is sale of cannabis in the fourth degree. This is punishable as a petty misdemanor, with a fine of up to $300.
Sale of over 8 g of cannabis concentrate or edible products infused with up to 800 mg is sale of cannabis in the third degree. This is punishable by not more than 90 days imprisonment and/or a fine up to $1,000.
- § 152.0264 of the Minnesota Statutes
In addition to the criminal penalties the following civil penalties may also be imposed:
Sale of up to 8 g of cannabis concentrate is punishable by a $3,000 fine or three times the retail value of the cannabis concentrate, whichever is greater.
Sale of more than 8 g but not more than 40 g of cannabis concentrate is punishable by a $10,000 fine or three times the retail value of the cannabis concentrate, whichever is greater.
Sale of more than 40 g but not more than 80 g of cannabis concentrate is punishable by a $25,000 fine or three times the retail value of the cannabis concentrate, whichever is greater.
Sale of more than 80 g but not more than 400 g of cannabis concentrate is punishable by a $50,000 fine or three times the retail value of the cannabis concentrate, whichever is greater.
Sale of more than 400 g but not more than 2 kg of cannabis concentrate is punishable by a $100,000 fine or three times the retail value of the cannabis concentrate, whichever is greater.
Sale of edible products infused with up to 800 mg is punishable by a $3,000 fine or three times the retail value of the cannabis flower, whichever is greater.
Sale of edible products infused with more than 800 mg but not more than 4 g is punishable by a $10,000 fine or three times the retail value of the cannabis flower, whichever is greater.
Sale of edible products infused with more than 4 g but not more than 8 g is punishable by a $25,000 fine or three times the retail value of the cannabis flower, whichever is greater.
- §342.09(6)(b) of Minnesota Statute
Paraphernalia
Possession of paraphernalia is lawful.
- §342.98 of Minnesota Statute
Sale to a minor is a gross misdemeanor punishable by a fine not to exceed $3,000 and a maximum sentence of imprisonment of up to 1 year.
- Section 152.092 of the Minnesota Statutes
Miscellaneous
When a person is convicted of possession or sale of marijuana, the sentencing court shall determine whether the person unlawfully sold or possessed the controlled substance while driving a motor vehicle. If so, the court shall notify the commissioner of public safety of its determination and order the commissioner to revoke the person’s driver’s license for 30 days.
- Section 152.0271 of the Minnesota Statutes
Last Updated May 30, 2023
More Information
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
Tax Stamps
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.