Recreational marijuana has been on the books for over a year in Minnesota, but that doesn’t mean that users can smoke anywhere they please. It’s illegal to smoke in different establishments and while you’re behind the wheel of a vehicle, but a new change to a law now makes it illegal for recreational marijuana users to smoke inside apartments and other shared dwelling units.
The new law was set to go into place in March of 2025, but due to an issue with other laws in the packaged House File 100 bill, that original timeline could no longer work. Instead, the restriction on private marijuana consumption went into effect on July 1 of this year.
Previously, clean indoor air laws banned the smoking of tobacco or cannabis in common areas of shared units, like lobbies, hallways and shared gathering spaces, and multifamily unit owners had the option to extend that ban into individual units. Now, at least for cannabis, multifamily unit owners will be required to ban the smoking or vaping of marijuana inside individual units.
Exceptions For Medical Use
There is one major exception to the new ban. Medical cannabis users who are registered with the program and have a valid medical card are allowed to use smokeable and vapable cannabis inside multifamily housing units. The ban also only affects marijuana smoking and vaping inside individual units, meaning it is still legal to grow cannabis plants or possess the drug inside the unit. It’s also possible to consume it in other forms inside a personal unit, like in an edible form that does not required combustion.
“Except for the use of medical cannabis flower or medical cannabinoid products, the vaporizing or smoking of cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products is prohibited in a multifamily housing building, including balconies and patios appurtenant thereto,” the law states.
Anyone caught in violation of the new law can face an administrative fine in the amount of $250.
This is a major update to the law, and it will certainly take some people by surprise. There’s been very little reporting about this law change, and it stands to reason that many individuals believe they are free to smoke marijuana inside their own apartment or condominium given that recreational marijuana is legal in Minnesota. Hopefully the Office of Cannabis Management (which would enforce the fine) makes some common sense maneuvers in these early stages to help get the word out and to show leniency to anyone who was not aware of the change.
For now, if you or someone you know needs help contesting a drug charge or a marijuana-related offense in the greater Twin Cities area, reach out to Avery and the team at Appelman Law Firm today at (952) 230-2700.
