As of July 1, marijuana edibles are now legal in Minnesota. They can be sold almost anywhere and are not taxed, according to the new law that went into effect.
The law that was passed during the 2022 Legislature allows for the sale of edibles and beverages containing THC, the main ingredient in marijuana that produces the “high” sensation. The products are legal so long as they contain no more than five milligrams of hemp-derived THC per serving, which is about half of the standard dose found in a recreational marijuana product serving in states where recreational use is legal.
There are no limits on the retailer licenses to sell the products, so any store that wants to sell the edibles should be able to do so. You’ll be able to find them at gas stations, liquor stores, smoke shops and grocery stores in the near future, but they’ll also likely be found at some surprising retailers given their appeal and license availability.
The new law does not provide for a tax on the THC products, so while it may be cheaper for the consumer, the state will miss out on a large financial windfall as a result of their legalization. For example, Illinois has reported more than $2 billion in cannabis products have been sold since recreational marijuana was legalized, so it wouldn’t surprise us if a tax was eventually implemented.
Still Illegal To Drive High
So even though you can legally consume products containing THC in Minnesota and get “high,” it’s important to remember that it is still very illegal to get behind the wheel if you are under the influence. It’s similar to how prescription drugs are handled here in Minnesota. Even though you can be legally prescribed medication from a physician, you can still be charged with driving under the influence if you take your medication and it affects your ability to drive safely.
If you are considering trying the newly legalized THC edibles, make sure that you don’t drive anywhere while you’re still affected by the product. If an officer believes that you are under the influence of THC, they may get a warrant for a blood draw to look for the presence of certain substances. THC can stay in your system for weeks, but a decision to charge you with driving under the influence will be made by looking at the levels of THC in your system and the totality of the circumstances of your traffic stop, which may include roadside testing. If police believe that THC is inhibiting your driving ability, you’ll be charged with DUI, which as we’ve covered a lot on this blog, can come with some serious consequences, including jail time and the loss of your driving privileges.
If you plan to indulge in the new THC edibles, don’t get behind the wheel and be smart about when and where you take them. They’ll still be illegal on most school grounds, so again, you don’t have carte blanche to just carry and use the edibles as you please. If you run into trouble in regards to possession or consumption of the new THC edibles, make sure you first call is a Avery and the team at Appelman Law Firm at (952) 224-2277.
