With the passage of Minnesota Session Laws - 2023, chapter 63, adults in Minnesota have begun to explore the many ways to use and enjoy legal cannabis. As the weather improves and holidays and events begin to appear on the calendar, the Office of Cannabis Management (OCM) provides the following information to those wishing to plan public events.
The new law includes specific sections that make possible the ability to host an event, open to the public, where cannabis and hemp-derived edible products are consumed. (Minnesota Statutes, sections 342.24, 342.28, 342.39, 342.40). While most parts of the law went into effect on July 1, 2023, until the Office’s rules are in force in early 2025, there is no mechanism for OCM to license event organizers or to issue on-site endorsements for other cannabis license holders. The information below provides key information that may impact where and if you can host an event, and what products or activities may be allowed at such an event.
Disclaimer
This document is designed to assist persons and businesses wishing to host public events celebrating adult-use cannabis and lower-potency hemp edibles. This document is not intended to provide legal guidance to any person or business, and it is recommended that anyone seeking to hold a cannabis event seek independent legal counsel.
New Cannabis Laws
Public Consumption
Minnesota Statutes, section 342.09 regulates the locations where cannabis may and may not be used. Specifically, cannabis use is allowed only for those age 21 and over:
- at a private residence;
- on private property, not generally accessible by the public, where allowed by the property owner; or
- on the premises of an establishment or event licensed to permit on-site consumption.
Sale of Cannabis Products at Events
Minnesota Statutes, section 342.09, subdivision 4 prohibits the sale of cannabis flower and cannabis products “without a license issued under this chapter that authorizes the sale.” Licenses to sell cannabis at retail will only be issued once the office adopts rules governing the cannabis industry. Moreover, while Minnesota has legalized the sale of the adult use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, the legislature did add new statutory provisions, Minnesota Statutes, section 152.0264, making illegal the unlawful sale of cannabis.
With respect to both consumption and sale, any cannabis event would need to comply with the new cannabis law as it stands today, the existing laws on hemp-derived cannabinoid products, and any applicable local ordinances or rules related to events—in particular those related to alcohol and lower-potency hemp products.
Existing Hemp-Derived Cannabinoid Products Laws
Minnesota Statutes, section 151.72 regulates the sale of hemp-derived edibles to adult consumers age 21 and over and assigns regulation of this market to the Minnesota Department of Health. Any retailer or business wishing to sell edible cannabinoid products must register with the Commissioner of Health. Section 151.72 also contains provisions for the sale of product designed to be consumed on-site:
- the retailer must also hold an on-sale license issued under chapter 340A;
- products must be served in original packaging, but may be removed from the products’ packaging by customers and consumed on site;
- products must not be sold to a customer who the retailer knows or reasonably should know is intoxicated;
- products must not be permitted to be mixed with an alcoholic beverage; and
- products that have been removed from packaging must not be removed from the premises.
The Minnesota Department of Health provides a Hemp-Derived Cannabinoid Product Event Checklist (PDF) for people wishing to host a hemp-derived cannabinoid product event.
Local Considerations
Finally, as you consider hosting an event that may feature either cannabis or hemp-derived cannabinoid products, consider the requirements of the municipality in which the event will occur. It is recommended that you reach out to the municipality with jurisdiction over your event’s location to ensure that your event is in compliance with all local requirements.
- If you plan to sell hemp-derived cannabinoid products for on-site consumption, you will want to ensure that the location of the event has a liquor license issued by the appropriate authority.
- If the event will feature retail sale of tobacco, tobacco-related devices, and electronic delivery devices, it may require a local tobacco license, under Minnesota Statutes, section 461.12.
- Depending on where you host your event, you may be required to obtain local permits, insurance, and/or security.
Frequently Asked Questions
Can I give away free samples? What if my organization gives out samples in exchange for a donation?
Minnesota Statutes, section 342.09 allows an individual to give to another individual who is age 21 or older two ounces of cannabis flower, eight grams of cannabis concentrate, or 800 mgs of cannabis or lower-potency hemp edibles. Cannabis may be gifted if the gift is made without a promise of payment or exchange of other goods and services and is not associated with a commercial transaction.
Can I create advertising or merchandise for my event?
Minnesota Statutes, section 342.64 provides limitations on advertising for cannabis businesses, hemp businesses, and other persons that includes images likely to appeal to children, including cartoons, toys, animals, or children. Similar prohibitions are found in Minnesota Statutes, section 151.72, subdivision 5a. Minnesota Statutes, section 342.01 defines advertisements to include "any written or oral statement, illustration, or depiction that is intended to promote sales of cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or sales at a specific cannabis business or hemp business[.]”
What about the Clean Indoor Air Act?
Minnesota Statutes, section 144.414 prohibits smoking—including use of an electronic delivery device—inside a public place, a day care, a hospital, or on public transportation.