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Law Minnesota



It’s only been about 48 hours since recreational marijuana became legal in Minnesota, and businesses and law enforcement are already butting heads over what products are OK to sell and what’s not.

“Yesterday was the start of a new era for legalized marijuana,” declares Faribault Police Chief John Sherwin.

On Tuesday — the first day of legal recreational marijuana — police seized nearly two dozen plants from what they called a “tent sale” outside a Faribault tobacco shop.

Sherwin says even if the plants are not yet producing THC, the ingredient that makes a user high, they are what he calls “an instrument of a potential crime
 

Suspected Marijuana plants seized but company partner says seizure was unlawful


The law remains murky over how those interested in growing marijuana can get their hands on a plant.​


A company in Faribault faced this first-hand. Their plants were seized.


Matt Little, a partner for Midwest Extraction Services, expressed his frustration.


“What statute?” he asked. “Please list the statute. Please list the law that I broke. It was, ‘you don’t have a license.’ I go ‘well, there’s no license available right now.’ The board hasn’t even been formed. There’s nothing in the language of law that tells you how that home grower is going to get his plant.”


According to a release from the Faribault Police Department, “officers responded to several citizen complaints that were received regarding a local business selling marijuana plants during a parking lot tent sale.”


The plants were labeled by strain, and in some instances, by THC concentration exceeding the percentage allowed for legally grown industrial hemp.


Little says the plants were labeled for what they will produce, not their current value.


“You know, when you buy a tomato plant, there’s a tag on it and it tells you what it’s going to grow,” explained Little. “It’s going to grow a green tomato, red tomato, cherry tomato. You know, [a] seven-millimeter tomato.”


Little believes cities need to have a conversation about how to fill this consumer need.


In Mankato, we had a great relationship with their law enforcement, and it became a successful event; no issue,” said Little. “There’s no law saying how to get them, so we’re filling that gap so people could get the right plants and understand what they’re buying and understand what they’re growing.”


The Faribault Police Department had this to say;


“The Faribault Police Department is committed to supporting businesses engaged in the legal sale of cannabis and cannabis-related products once the Minnesota Office of Cannabis Management is established. Until that time, unauthorized sales of cannabis will be investigated in accordance with state law.”


Little does not expect his plants to return alive.


Little values the 22 plants at over $2,000.
 

Minnesota’s New Cannabis Czar Steps Down After One Day

Just a day after appointing Erin DuPree as the new director of the Office of Cannabis Management, Minnesota is czar-less.

On September 21, Minnesota Governor Tim Walz appointed cannabis business consultant Erin DuPree as head of the Office of Cannabis Management, to oversee the state’s nascent adult-use marijuana market. On September 22, amid allegations that she sold illegal products at her hemp shop, DuPree said that she would “not be going forward” as the the state’s new cannabis czar.

Her appointment would have taken effect on October 2.

Walz, a Democrat, pushed a bill allowing recreational cannabis use for adults 21 of years and older, making Minnesota the 23rd US state to legalize nonmedical marijuana. The bill, which was signed in May and went into effect on August 1, allows residents of Minnesota to possess and grow their own marijuana.

Per the Star Tribune, “Loonacy Cannabis Co., which DuPree founded in Apple Valley in July 2022, advertised and sold noncompliant vapes and edible products containing more THC than is legally allowed, according to the store’s social media videos and online product listings that have since been deleted.”

Just a day earlier, Walz defended DuPree as his pick in a statement, writing “she has managed multiple aspects of the business and led continued research on hemp-derived and cannabis products while maintaining compliance with state laws and regulations. With direct experience in Minnesota’s hemp and cannabis industry and over 20 years of success in launching, managing, and growing businesses and organizations, Erin DuPree is an outstanding choice to lead the Office of Cannabis Management.”

Before the revelations, DuPree said that “it is an honor to join the Walz-Flanagan administration as the first director of the new Office of Cannabis Management,” said DuPree. “I look forward to working closely with all of the legislators, stakeholders, and advocates who worked so hard to pass this new law and am committed to the work of ensuring Minnesota’s new adult-use cannabis industry will grow and thrive for years to come.”

DuPree said the first objective of her tenure as head of the Office of Cannabis Management would be hiring. The office allegedly needs around 150 employees, and several job postings went online earlier last week.

Asked about the timeframe, DuPree hoped that Minnesota’s legal cannabis industry would take shape more quickly than those of other states, which have taken anywhere between two or three years to start retail. “We don’t have to reinvent the wheel here,” she said. “We’re lucky as the 23rd state to legalize, we can look back on the other 22 states and see what’s been good and what’s not been good and use that to help make policy here.” The Office of Cannabis Management expects retail sales by 2025, with rulemaking for adult-use cannabis and lower-potency hemp products starting this fall.

Some cannabis publications believe that Minnesota’s market will take longer to open than those of states like California, Michigan, Washington, New Jersey and Colorado, all of which saw retail less than 19 months after legalization.

But Minnesotans don’t have to wait to enjoy legal cannabis, as several retail stores have already opened on Native American reservations. The Red Lake Reservation in north-central Minnesota began selling recreational marijuana at its NativeCare store on August 1, the very day that state-wide legalization went into effect. Demand has been so strong in the reservation that the tribe also plans to launch a mobile marijuana store in the near future.

Over in the northeastern city of Mahnomen, the White Earth Nation opened an adult-use store as the first step of a cultivation operation. Finally, the business council of the Leech Lake Band of the Ojibwe tribe has approved an ordinance allowing for the sale and consumption of recreational cannabis on its reservation, with plans to open an adult-use retail program currently in the works.

In case you didn’t know and are wondering why all this is possible, tribal nations across the US are allowed to implement their own retail programs independently of state legislators. As for the rest of Minnesota’s 5.7 million population, they will have to wait and see what the next cannabis czar is going to do.
 

Minnesota Marijuana Regulators Recommend Fixes To Legalization Law To Speed Up Licensing And Open Minimum Of 381 Retailers


Minnesota regulators say the percentage of residents who report obtaining marijuana from unregulated sources remains significant as the state works to implement a legal market, and they’re recommending legislative fixes to speed up licensing to help consumers make the transition to a regulated system.


In a pair of reports that were released on Wednesday, the Minnesota Office of Cannabis Management (OCM) gave an overview of consumer and industry trends, as well as several policy recommendations for lawmakers to take into account in the 2024 session as the state’s market is built up. It also said Minnesota will need a minimum of 381 retail shops to comply with statute.


Many features of the legalization law that was enacted last year haven’t been implemented yet as regulators work through the rulemaking and licensing process, and so the initial reports still have some gaps that will be filled in after commercial sales launch. But the data offers a baseline that could help policymakers and stakeholders better understand and navigate the reform.


For example, with only a handful of tribally owned cannabis retailers operating in the state, the majority of residents who participated in the survey and reported obtaining cannabis in the past month said they were getting it from family and friends (67.6 percent), low-THC hemp shops (61.3 percent), an illicit seller (53.4 percent) and medical cannabis dispensaries (42.7 percent).


“These findings are not uncommon in other states as adult use possession and gifting laws become effective and the perceived risk of criminality is reduced while adult-use sources are not available,” OCM said.


“Importantly, these data suggest an overall high prevalence of obtaining cannabis from a dealer, an illicit source, among Minnesota residents, which stands to reason as legal adult-use sources are not fully available,” it said. “For instance, the highest proportion of cannabis obtained by participants was from a dealer (17.6 percent) and participants reported the highest likelihood of visiting a dealer more than once a month to purchase cannabis compared to other source types.”


While precise supply and demand estimates aren’t possible given the current absence of data on regulated sales, officials did look at the population-based requirements of the state’s cannabis statute and determined that Minnesota will eventually need “no less than 381 retail registrations.”


“However, many local governments may seek to have more retail registrations than the statutory minimum,” it said. “As such, the legislature may consider a larger number than the statutory minimum.”


To expedite the licensing process and “reduce the risk of bottlenecks,” OCM recommended removing the current requirement that prospective licensees secure a storefront that complies with regulations before they can submit their application. It also advised lawmakers to eliminate a requirement to have local government input on the applications, as that may invite litigation.


“These recommendations allow for a more streamlined and transparent approach to licensing that will assist in applicant comprehension and allow for licenses to be issued in an expedited fashion,” the report
1705683250475.png
says.


The office also suggested that the legislature adopt a “mechanism to issue temporary licenses through statute, particularly for social equity applicants.”


“This strategy would accelerate the timeline, help ensure adequate supply for initial market launch, mitigate some the risk associated with the time between legalization and final rule adoption, and offer first mover advantage for social equity applicants, all in support of the 2025 market launch goal,” it said. “Temporary regulations for social equity licenses are key in not only keeping pace with the planned launch but also in ensuring fairness and equity from the market’s onset. The recommendation aims to facilitate a prompt and equitable market debut.”


It further offered recommendations that are meant to “strengthen” the state’s social equity initiatives and unify the medical cannabis and adult-use marijuana supply chains that are currently disaggregated.


Meanwhile, OCM is also working with other state agencies to investigate whether they can administratively close a loophole that may be allowing some existing hemp businesses sell marijuana flower products—an issue stemming from a current lack of authority to test the items.


Last week, the office also opened a fifth survey
1705683250505.png
seeking public input on how the state’s forthcoming commercial marijuana market should function, with this latest inquiry focusing on “licensing and social equity considerations.”


After OCM formally proposes new rules for the marijuana market, members of the public will have a chance to weigh in. That’s expected to take place sometime this fall. Lawmakers have approved OCM’s use of an expedited rulemaking process, but regulators note that “the rules may not be approved and in force until 2025.”


In the interim, adults 21 and older can already legally use, possess and grow marijuana for personal use. In August, Gov. Tim Walz (D) clarified that homegrown cannabis cannot be sold commercially.


Minnesota’s cannabis law has also allowed tribes within the state to open marijuana businesses before the state begins licensing traditional retailers, and some tribal governments have already entered the legal market. The Red Lake Band of Chippewa Indians, for example, opened its medical dispensaries to adult consumers in August and announced plans to launch a mobile retail vehicle to sell marijuana at locations across the state.


The White Earth Nation tribe also launched an adult-use cannabis shop, with its governing council voting to authorize marijuana sales in July. The Leech Lake Band of Ojibwe has also moved to legalize.


Following legalization, minor violations of possession or home cultivation limits can result in petty misdemeanors, charges some advocates have said should include state-provided legal representation.


Even before the governor signed the reform bill, the state launched a website that serves as a hub for information about the new law. Officials have also already started soliciting vendors to help build a licensing system for recreational marijuana businesses.


In September OCM head Erin DuPree, a cannabis industry consultant whom the governor picked to lead the state agency, stepped down after one day of work following a Star Tribune report that her hemp shop allegedly sold illegal products. Lab results reportedly showed elevated THC levels and the presence of banned synthetic ingredients.


That same month, the Minnesota Supreme Court ruled that the odor of marijuana, on its own, does not establish probable cause for police officers to search a vehicle.


Aside from OCM, another body created by Minnesota’s marijuana law is the Cannabis Expungement Board, which will facilitate record sealing for people with eligible marijuana convictions on their records. The review process for eligible cases began in August. In the meantime, officials recently added a new notice to cannabis criminal history records, essentially letting reviewers know that certain marijuana records that appear on records checks may be pending expungement.
 
Oh joy...let's see....government fucked up the rollout of licenses for commercial adult use dispensaries and now wants to perhaps open state/county/city run dispensaries.....so they can fuck that up too. Wow.

As for the reference below to MN state run liquor, I live in the communist county of Montgomery in the socialist state of Maryland. We have county run liquor/wine. The result is less selection at higher prices but will MoCo give it up...fuck no. They will never give up tax revenue that they can use to bribe voters.

Good luck, MN.


Minnesota may open some of the first government-run Cannabis dispensaries in the US


Minnesota could become the first state in nine years to open cannabis dispensaries that are run by cities and counties.​


That’s because of one line in the state’s new cannabis laws that allow for cities and counties to “establish, own and operate a municipal cannabis store.” The law appears to be the first of its kind in the country and has prompted cities to research whether they want to open their own dispensaries.


But there’s only one city that’s been successful with running a cannabis store. The City of North Bonneville in Washington was the first city in the country to open a municipal cannabis dispensary back in 2015, but was no longer operating it as of 2021.


Municipal cannabis stores are of particular interest to local governments in Minnesota that don’t already operate their own liquor stores. In cities like Edina and Isanti, liquor stores serve as a revenue stream that helps reduce taxes for residents and businesses.


Because of conflicts with federal law, other states have shied away from adopting the state-owned liquor store model for cannabis retailers.


“The idea has been floated and rejected in various states, such as New Mexico and New Hampshire. Lawmakers have done so because cannabis remains illegal (Schedule I) under federal law and they do not wish to enact policies that place state-employees in a position where they are engaging in activity that is in positive conflict with federal law,” said Paul Armentano, deputy director of NORML, a national cannabis advocacy group.


According to state Rep. Zack Stephenson, DFL-Coon Rapids, who helped author the legislation that legalized recreational cannabis last year, the idea of municipal cannabis stores came directly from cities and counties in Minnesota.


“When we were putting the bill together, we weren’t copy-pasting from other states. We were trying to come up with a Minnesota-specific model. And one of the things that works well for many communities across Minnesota is municipal liquor stores. They are important to a lot of cities all across the state. And building from that successful model, there were cities that had some potential interest in taking the same approach with cannabis that they take with liquor. And we wanted to enable them to do that, if they chose to do it and if it was workable,” said Stephenson.


Government officials in the City of Osseo, the City of St. Joseph and Cook County have been weighing the pros and cons of operating a cannabis retail store, despite the fact that Minnesota’s Office of Cannabis Management won’t come out with official cannabis regulations until early 2025.


The Office’s rules will dictate what municipal cannabis dispensaries could look like. But the Office is still in the process of drafting those rules, and most municipalities are still in the early stages of discussion on cannabis dispensaries.


Country’s first government-run dispensary struggled to break even​


North Bonneville Mayor Brian Sabo said when the idea of a government-run marijuana store came forward, before he was mayor, marijuana stores were still an uncharted concept in Washington after the state legalized recreational cannabis use and sales in 2012.


Soon after, the city formed a public development authority for the purpose of opening a cannabis retail store. The plan was to use the profits to pour back into North Bonneville, like upgrading street lights and rebuilding a central park playground.


An “aggressive business plan” was put forward outlining the customer base needed to support the store would come from other areas throughout the Northwest, according to Sabo.


“On paper, the plan appeared to be a good one but critics were warning it was far too aggressive given how far out and secluded North Bonneville is within the Gorge, and the number of retail stores that were planned to be opened throughout Washington State,” Sabo said.


The store, known as the Cannabis Corner, opened in 2015 and was widely reported as the first municipal marijuana store in the U.S. Sabo said it did fairly well the first couple years, but as more retail stores opened in the state and in Oregon, business drastically fell off.


By 2018, the dispensary was struggling to break even.


“A request by the PDA was granted to move the store and license to a larger market of Stevenson, Washington, the next city 10 miles east of North Bonneville. Although the store did better in the larger market, sales never exceeded break-even status, negating the promise of a financial windfall for the city,” said Sabo.


In 2021, their city council decided the business was more of a liability than an asset. They dissolved the public development authority and sold the store.


Government officials and cannabis experts from multiple states were not aware of any other government-run dispensaries in the U.S., meaning Minnesota appears to be poised to be the second try after North Bonneville failed.


Minnesota cities say revenue from a cannabis dispensary could help reduce property taxes, offset budget increases​


The Minnesota cities of Osseo and St. Joseph, along with Cook County, are a few municipalities that don’t operate a liquor store and are exploring the idea of a cannabis store.


The biggest draw for them is the potential revenue a dispensary would bring in.


“It really comes down to dollars and cents. In the time when the costs of providing the high-quality city services to our residents and business owners only continues to go up each and every year, we are looking for any potential revenue stream that can help offset our budget increases,” said Riley Grams, Osseo city administrator.


The sales tax on cannabis product sales in Minnesota is 10 percent, in addition to state and local taxes. Local governments are barred from imposing their own tax on cannabis.


In Cook County, commissioners are divided on the idea. County administrator James Joerke said Cook County currently doesn’t have any enterprise funds or operate any utilities.


“There are some who see this as an opportunity to generate revenue that can be used to offset property taxes. There are others who I think have concerns about playing a role even selling a product that could have harmful effects to residents. And there’s also some sentiment that this is really something that the private sector should handle,” said Joerke.


Similar discussions are happening in the City of St. Joseph. Mayor Rick Schultz said 30 percent of the city’s land is exempt from property taxes and the income from a dispensary could help relieve some of the tax burden for residents and businesses.


Both Osseo and Cook County have formed committees to look more closely into what it would take to run a cannabis store. Cook County is partnering with the City of Grand Marais for the committee, while St. Joseph has had only a few conversations about the topic.


Now, all that’s left to do is to wait for the state’s Cannabis Office to come up with official rulemaking. The Office has until this summer to draft rules and plans to adopt them by early 2025, when licensing applications are also planned to open.


While St. Joseph and Cook County are still in the early stages of exploring a cannabis store, Osseo wants to be ready to submit as soon as the application window for licensing opens.


“We didn’t want to be reactionary. We wanted to get out ahead of the game and be ready as or as ready as we possibly could be once the final rules and regulations were implemented and approved by the state legislature,” said Gram.


Between the summer and early 2025, the rules are subject to change. Depending on those changes, it could elongate the timeline the Office has in mind for opening cannabis sales.


“Realistically, even if we were able to offer full licenses in early 2025, the process of obtaining a license and actually opening your doors is a lengthy one. And so I think that 2025 is always the goal, but OCM is very focused on making those license applications available,” said Charlene Briner, Minnesota’s interim cannabis director.


The timeline could also be impacted by the Minnesota Legislature, which is expected to make some tweaks in cannabis laws this session, with the goal of streamlining the rollout of cannabis dispensaries.


Cities will have to work through federal law, banking, public safety concerns​


There are still a few challenges ahead for Cook County and the cities of St. Joseph and Osseo.


Cook County has already heard some pushback from private businesses who don’t want to compete with a county-operated cannabis store. Others in St. Joseph are worried about how a municipal cannabis operation will impact public safety.


“If it’s a privately owned dispensary, then is it subject to a different crowd than if it’s city-owned? Also if you open one, what kind of consumers are coming into your city?,” said Schultz.


Kyle Hartnett is an assistant research manager at League of Minnesota Cities, a membership association representing over 800 cities in Minnesota, and has been fielding questions from cities about municipal cannabis stores. He said public health is a concern.


“This is kind of like municipal liquor in that if we control it, we can have better controls and as to how the operations are being run because we’re making sure it’s not going into the hands of minors, that kind of thing. Ultimately, that’s a policy decision for each city council to make both on the revenue side and then the public health side of it,” said Hartnett.


The other, more obvious obstacle is that cannabis is illegal at the federal level. That means there is the risk that banks won’t accept cannabis funds since it’s technically illegal by federal law.


“There’s still so many logistical issues with the fact that it is still illegal at the federal level and because of that, it is a cash business. You cannot use credit cards to take payment and so that presents a huge challenge and frankly a huge risk if you’re running a cash-only business and so there are so many issues that need to be investigated before the county board could feel comfortable making a decision about whether to move forward,” Joerke said.


In the case of the Washington city of North Bonneville, Mayor Sabo said it was difficult to find a bank that would process funds for their dispensary but they were eventually able to find a private company to use for banking services.


Initially, only 30 percent of residents in North Bonneville supported the idea of their cannabis store.


“Most were worried about the feds descending in on North Bonneville and shutting the place down, blackening the eye of the city’s reputation. Fortunately, there was never any federal intervention,” said Sabo.
 

Minnesota Bill Doubles Home Grow Plant Count for MMJ Patients



Minnesota Considers Expanding Home Cultivation for Medical Marijuana Patients.​


A bill pending in the Minnesota legislature would let medical marijuana patients grow twice as many cannabis plants as the law that legalized recreational pot last year.


Medical marijuana patients would be permitted to grow up to 16 cannabis plants at home under a bill now pending in the state legislature. If approved, patients and caregivers would be able to grow twice the number of plants allowed under the state’s recreational marijuana legalization law, which went into effect on August 1 of last year.


Minnesota legalized medical marijuana in 2014 with a law that allows patients diagnosed with certain qualifying conditions to use cannabis medicinally with a doctor’s recommendation. The law also allows the state’s approximately 41,000 registered patients to designate a caregiver to pick up medical marijuana from a licensed medical dispensary on their behalf. The law did not authorize home cultivation by patients or caregivers, however.


The recreational marijuana legalization bill passed last year allows adults to grow up to eight cannabis plants at home, including up to four mature plants. Under a bill (HF 3766) introduced by Democratic Representative Jessica Hanson earlier this month, registered medical cannabis patients would be permitted to grow 16 plants. The bill also allows registered caregivers to grow marijuana on a patient’s behalf.


Minnesota Lawmaker Advocates for Patients​


At a hearing on the legislation on Monday, Hanson said the bill would allow more medical marijuana patients to benefit from homegrown cannabis. She noted that because of their medical conditions, many patients have limited incomes that do not allow them to buy medical marijuana at dispensary prices. Additionally, patients who are disabled or face other limitations often are not able to grow cannabis themselves.


“As it stands, people with disabilities and conditions that qualify them to be on the medical program can only grow their own if they know how to, if they can afford to, if their condition or living situation allows them to or if they know someone who will gift them homegrown products,” Hanson said, according to a report from CBS News.


Hanson told her colleagues that approving the bill would allow more patients to take advantage of the state’s medical cannabis program.


“We do not think that people with qualifying medical conditions on our medical cannabis program ought to be left out of the ability to benefit from homegrown cannabis simply because they are unable to grow it by themselves,” Hanson said in a news report of the hearing published by the Minnesota House of Representatives.


Republican state Representative Anne Neu Brindley questioned the need for Hanson’s bill, noting that the recreational marijuana legalization law allows all adults to grow cannabis at home. She also noted that cannabis grown under Hanson’s bill would not face the same safety testing requirements faced by commercial cannabis growers.


“I would question whether or not caregivers are the best place to do that. They’re not trained in this and we’re treating this as medicine in this situation particularly,” she said. “And so I would question whether or not this is the most appropriate way to move forward on that.”


Hanson replied that the cannabis lab testing infrastructure in Minnesota would not be able to accommodate the demand that would be created by requiring all homegrown medical cannabis to be tested. She also noted that the law does not require testing of home-cultivated recreational marijuana.


“It’s my opinion that setting a different or a higher bar for people with disabilities who simply need help growing their own cannabis at home is not inclusive,” Hanson said.


Leili Fatehi, a cannabis advocate and partner and principal of Minneapolis-based consultancy firm Blunt Strategies, said that the “legislation takes a thoughtful approach to the complex issues faced by patients with debilitating conditions, aiming to reduce the financial burden associated with accessing effective treatment.”


“The efforts of Rep. Jessica Hanson and local advocates highlight a commitment to compassionate, patient-centered healthcare, reflecting the best in both legislative and community leadership,” Fatehi wrote in a statement to High Times. “Moreover, recognizing that many in our registry program are either physically incapable of cultivating cannabis due to health conditions or are hindered by their living situations, this bill addresses the critical need for accessible alternatives to forcing patients to choose between high dispensary prices or the unpredictability of receiving cannabis through legal gifting.”


Hanson’s bill has been referred to the House Commerce Finance and Policy Committee for consideration.
 

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