Minnesota Cannabis & Substances Laws (2026)

A comprehensive legal reference for cannabis & substances in the state of Minnesota. This guide covers current statutes, penalties, and restrictions for 7 different categories.

Minnesota allows hemp-derived CBD products with less than 0.3% Delta-9 THC under the Minnesota Hemp Program (Minn. Stat. § 18K). CBD products must be registered and tested according to state requirements.

Possession

Possession of hemp-derived CBD products with less than 0.3% THC is legal.

Sale

Sale is permitted if products are registered with the Minnesota Department of Agriculture and meet testing and labeling standards.

Penalties

N/A

Age Restriction

None

Delta-8 THC

RESTRICTED

Minnesota law prohibits Delta-8 THC products that are synthesized or converted from CBD, as per Minnesota Statutes §152.0275. The state only allows hemp products with less than 0.3% Delta-9 THC and does not permit Delta-8 THC derived through chemical conversion.

Possession

Possession of Delta-8 THC products derived via conversion is illegal.

Retail Sale

Sale of Delta-8 THC products is prohibited unless derived naturally within hemp limits.

Penalties

Possession or sale can result in misdemeanor charges and fines under Minnesota Statutes §152.0275.

Age Restriction

21+

Hemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Minnesota under the 2018 Farm Bill. Minnesota legalized adult-use cannabis in 2023, with full retail sales expected to begin in 2025.

Possession

Legal under 0.3% THC by dry weight

Retail Sale

Legal at retail and online

Penalties

Products exceeding 0.3% THC are treated as marijuana.

Age Restriction

21+ in most jurisdictions

Kratom

RESTRICTED

Kratom is legal in Minnesota and is not classified as a controlled substance under Minnesota Statutes Chapter 152. There are no state-level restrictions on possession or sale.

Possession

Legal to possess without restriction.

Sale

Legal to sell and purchase without restriction.

Penalties

N/A

Age Restriction

None

Legal status of Psilocybin / Magic Mushrooms in Minnesota has not yet been verified. In March 2026, a bill to legalize psilocybin for therapeutic use was approved by a House committee.

Possession

Unverified

Distribution

Unverified

Penalties

Unverified

Age Restriction

Unverified

Recreational marijuana is legal for adults 21+ in Minnesota. No significant legislative changes since 2023.

Personal Possession

Adults 21+ may possess up to 2 oz of flower in public and 2 pounds at home. Home cultivation of up to 8 plants (4 mature) is allowed.

Retail Purchase

Legal through licensed dispensaries. Retail sales began in 2025 after the 2023 legalization law.

Penalties

Possessing over the public limit but under 2 pounds is a misdemeanor. Over 2 pounds is a felony. DUI laws apply with per-se THC limits.

Age Restriction

21+

Salvia

ILLEGAL

Salvia divinorum is a controlled or banned substance in Minnesota. Minnesota enforces its ban on Salvia.

Possession

Illegal. Salvia divinorum is classified as a controlled substance in Minnesota. Possession is a criminal offense.

Sale

Illegal. Sale and distribution of salvia is prohibited in Minnesota.

Penalties

Misdemeanor or felony charges depending on state classification.

Age Restriction

N/A