Last verified: March 2026
The Bill That Changed Minnesota
On May 30, 2023, Governor Tim Walz signed HF 100 into law, making Minnesota the 23rd state to legalize recreational cannabis. The bill passed the House 71–59 on a largely party-line vote and the Senate along strict party lines, reflecting the DFL trifecta gained in the 2022 midterm elections.
HF 100 was not a simple decriminalization measure. It was a comprehensive regulatory overhaul that touched nearly every aspect of cannabis in Minnesota — from personal possession and home cultivation to business licensing, social equity, employment law, tribal sovereignty, local government authority, and the integration of the existing medical program and THC beverage market under a single agency.
A person 21 years of age or older may possess, transport, purchase, or use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products.
Minnesota Statutes §342.09 — Lawful Actions by Individuals
What HF 100 Covers
Personal Possession
Adults 21+ may possess up to 2 ounces of cannabis flower in public and 2 pounds at home, plus 8 grams of concentrate and 800 mg of edibles. These limits apply per individual, not per household. Possession within these limits is not a criminal offense and cannot be used as the basis for a search or arrest.
Home Cultivation
Adults may grow up to 8 cannabis plants per residence, with a maximum of 4 flowering plants at any time. Plants must be grown in an enclosed, locked space not visible from a public place. There is no registration or permit required.
Retail Framework
HF 100 establishes a comprehensive licensing system for cannabis businesses, including cultivators, manufacturers, wholesalers, retailers, testing facilities, transporters, and event organizers. License types include microbusiness, mezzobusiness, and standard licenses, with specific requirements for each.
Licensing and Social Equity
The law prioritizes social equity through a lottery-based licensing system that gives priority to applicants from communities disproportionately impacted by cannabis prohibition, individuals with prior cannabis convictions, and veterans. The Office of Cannabis Management's Social Equity Division oversees these programs.
Medical Program Expansion
The existing medical cannabis program is folded under the new Office of Cannabis Management. Key changes include $0 enrollment fees, expanded qualifying conditions, telehealth certification, and the critical benefit of full tax exemption on all medical cannabis purchases.
Automatic Expungement
HF 100 creates one of the most extensive cannabis expungement programs in the nation. A Cannabis Expungement Board reviews and clears prior cannabis convictions for conduct that is now legal. This is an automatic process — individuals do not need to petition the court.
Employment Protections
Most employers cannot conduct pre-employment cannabis testing. A first positive test during employment requires the employer to offer a substance abuse counseling referral before taking adverse action. Exceptions exist for safety-sensitive positions, federal requirements, and certain regulated industries.
Local Control
Cities and counties cannot opt out of allowing cannabis businesses. Local governments retain authority over zoning, buffer zones, hours of operation, and public consumption rules, but they cannot ban cannabis establishments entirely. Learn more on our Local Control page.
Tribal Sovereignty
HF 100 includes what many experts consider the strongest tribal sovereignty provisions in any state cannabis law. Tribal nations have the sovereign right to regulate cannabis on their lands without requiring a state compact. The law also provides criminal and civil safe harbors for tribal cannabis commerce. Learn more on our Tribal Nations page.
Hemp Integration
The law brings the existing hemp-derived THC beverage and edible market (legal since July 2022) under the Office of Cannabis Management's regulatory authority, establishing testing standards, labeling requirements, and retailer registration.
Legislative History
| Bill Number | HF 100 |
|---|---|
| House Vote | 71–59 (largely party-line) |
| Senate Vote | Party-line (DFL majority) |
| Signed by Governor | May 30, 2023 (Governor Tim Walz) |
| Session Law | Session Laws 2023, Chapter 63 |
| Codified As | Minnesota Statutes Chapter 342 |
| Effective (Possession) | August 1, 2023 |
| Effective (Retail Sales) | September 16, 2025 |
Subsequent Amendments
Since its passage, HF 100 has been amended twice to refine the regulatory framework:
- 2024 — Chapter 121: Established the license lottery system (HF 4757), refined licensing categories, and addressed operational details identified during the OCM's first year of rulemaking.
- 2025 — Chapter 31: Increased the cannabis gross receipts tax from 10% to 15% (effective May 2025), adjusted revenue allocation, and provided additional enforcement tools for the OCM. See our Recent Legislation page for details.
One of HF 100's most impactful provisions for patients: all medical cannabis purchases are fully exempt from cannabis taxes. With the effective tax rate reaching 22–30% for recreational buyers, the medical exemption represents significant savings. Enrollment is free ($0 fee) and available via telehealth.
Official Sources
- HF 100 Bill History — Minnesota Revisor
- Session Laws 2023, Chapter 63
- Minnesota Statutes Chapter 342 — Cannabis
- Office of Cannabis Management
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org