What are the penalties for cannabis possession in Minnesota?

Within legal limits (2 oz public, 2 lbs home for adults 21+), there are no penalties. Over the limit: 2-4 oz in public is a petty misdemeanor ($300 fine, no jail). 4 oz to 2 lbs in public is a misdemeanor (90 days, $1,000). Over 2 lbs is a felony (5 years, $10,000).

What is the penalty for selling cannabis to a minor in Minnesota?

Selling, giving, or providing cannabis to anyone under 21 is a felony in Minnesota carrying up to 15 years in prison and a $100,000 fine. This is one of the most serious cannabis offenses in the state and includes providing to adults aged 18-20 who are not registered medical patients.

What happens if I grow too many cannabis plants in Minnesota?

Growing 9-16 plants or more than 4 flowering is a misdemeanor (1 year jail, $3,000 fine). Growing 17-23 plants is a gross misdemeanor. Growing 24 or more plants is a felony (5 years prison, $10,000 fine). The legal limit is 8 plants per residence with 4 flowering maximum.

Can old cannabis convictions be expunged in Minnesota?

Yes. HF 100 includes provisions for automatic expungement of prior cannabis convictions for activities that are now legal. Eligible records are being automatically reviewed and expunged without the individual needing to file a petition. The process is being implemented by OCM in coordination with the courts.

What happens if someone under 21 is caught with cannabis in Minnesota?

Individuals under 21 who are not medical patients face confiscation of cannabis products and referral to a drug education program. Simple possession of small amounts does not result in criminal charges — the focus is on education rather than punishment. Repeat violations may result in escalating consequences.

Minnesota Cannabis Penalties — Full Guide

Legal Disclaimer: This information reflects Minnesota cannabis law as of April 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Office of Cannabis Management or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: March 2026

What's Legal (No Penalty)

For adults 21 and older, the following activities carry no penalty under Minnesota law:

Possessing up to 2 oz flower in public
Possessing up to 2 lbs flower at home
Possessing up to 8g concentrate and 800mg edibles
Growing up to 8 plants (4 flowering) at your primary residence
Gifting cannabis to another adult 21+ within possession limits
Purchasing from a licensed dispensary
Consuming on private property or at licensed venues

Possession Penalties

Amount	Classification	Maximum Penalty
≤2 oz (public) or ≤2 lbs (home)	Legal (21+)	No penalty
2–4 oz in public	Petty misdemeanor	$300 fine, no jail
4 oz–2 lbs in public	Misdemeanor	90 days jail, $1,000 fine
>2 lbs (any location)	Felony	Up to 5 years, $10,000 fine
Sale to a minor	Felony	Up to 15 years, $100,000 fine

Possession Penalty Breakdown

Amount	Classification	Maximum Penalty
Up to 2 oz (public) / 2 lbs (home)	Legal	None — lawful for adults 21+
2–4 oz in public	Petty misdemeanor	$300 fine, no jail, no criminal record
4 oz – 2 lbs in public	Misdemeanor	90 days jail, $1,000 fine
Over 2 lbs (any location)	Felony	5 years prison, $10,000 fine

Sale and Distribution Penalties

Offense	Classification	Maximum Penalty
Unlicensed sale (small amount)	Misdemeanor to Felony	Varies by amount — up to 5 years, $10,000
Sale to a minor (under 21)	Felony	15 years prison, $100,000 fine
Sale near schools or parks	Enhanced felony	Increased penalties, mandatory minimums
Gifting schemes (cannabis "free" with purchase)	Same as unlicensed sale	Treated as illegal distribution

Sale to Minors: 15 Years

Selling, giving, or providing cannabis to anyone under 21 is one of the most serious cannabis offenses in Minnesota: a felony carrying up to 15 years in prison and a $100,000 fine. This includes adults age 18–20 who are not in the medical program.

Home Cultivation Penalties

Violation	Classification	Maximum Penalty
9–16 plants or >4 flowering	Misdemeanor	1 year jail, $3,000 fine
17–23 plants	Gross misdemeanor	1 year jail, $3,000 fine
24+ plants	Felony	5 years prison, $10,000 fine

For complete cultivation rules, see Home Cultivation.

Vehicle-Related Penalties

Violation	Classification	Penalty
Open package in vehicle (accessible to occupants)	Misdemeanor	90 days jail, $1,000 fine
Consumption in vehicle	Misdemeanor	90 days jail, $1,000 fine
DWI (cannabis impairment) — 1st offense	Misdemeanor	90 days jail, $1,000 fine, 180-day suspension

For the full DWI penalty schedule including repeat offenses, see DUI & Driving.

Underage Penalties (Under 21)

Individuals under 21 who are not registered medical patients face:

Confiscation of all cannabis products
Drug education program referral
No criminal charge for simple possession of small amounts — the focus is on education rather than punishment
Repeat violations may result in escalating penalties

Expungement of Prior Convictions

HF 100 included provisions for automatic expungement of prior cannabis convictions for activities that are now legal. This means:

Prior convictions for possession of amounts now legal are being automatically reviewed
Eligible records will be expunged without the individual needing to file a petition
The process is being implemented by OCM in coordination with the courts
Individuals with pending cases may contact the court to request early consideration

Penalty Quick Reference

Situation	Status
2 oz or less in public (21+)	Legal
2 lbs or less at home (21+)	Legal
8 plants, 4 flowering (21+)	Legal
3 oz in public	Petty misdemeanor — $300 fine
1 lb in public	Misdemeanor — 90 days, $1,000
3 lbs anywhere	Felony — 5 years, $10,000
Selling to a minor	Felony — 15 years, $100,000
12 plants at home	Misdemeanor — 1 year, $3,000
25 plants at home	Felony — 5 years, $10,000

Cannabis Penalties in Minnesota