Minnesota HF 100 — The Adult-Use Cannabis Act

Gov. Tim Walz signed HF 100 on May 30, 2023 — Minnesota became the 23rd state to legalize recreational cannabis. The legislative path, the rollout structure, and the Minn. Stat. Chapter 342 framework that governs the market today.

Last verified: April 2026

The Signing

Governor Tim Walz signed HF 100 on May 30, 2023, making Minnesota the 23rd state to legalize recreational cannabis. The bill was authored by State Representative Zack Stephenson (DFL-Coon Rapids) in the House and Senator Lindsey Port (DFL-Burnsville) in the Senate. The DFL-controlled legislature passed it on largely party-line votes; Republican opposition focused on public-health concerns and youth-access risks.

The Effective Date

HF 100 took effect on August 1, 2023. On that day:

  • Adult possession (21+) of up to 2 oz of flower in public, 2 lb at home, 8 g concentrate, 800 mg THC edibles became legal.
  • Home cultivation of up to 8 plants per household (max 4 in mature flowering) became legal.
  • Gifting up to 2 oz to another adult (no money exchange) became legal.
  • Automatic expungement of qualifying low-level marijuana convictions began.
  • Red Lake Nation made the state’s first legal recreational cannabis sale at NativeCare.

Commercial sales required a regulatory infrastructure that didn’t yet exist; the first non-tribal state-licensed retail sale didn’t happen until September 16, 2025 — an 840-day gap.

The Statutory Framework

HF 100 created Minnesota Statutes Chapter 342 as the comprehensive legal framework governing cannabis in Minnesota. Key provisions:

  • Minn. Stat. § 342.01: Definitions and findings
  • Minn. Stat. § 342.09: Possession and use limits
  • Minn. Stat. § 342.10 et seq.: Licensing categories (cultivator, manufacturer, retailer, mezzobusiness, microbusiness, transporter, etc.)
  • Minn. Stat. § 342.50: Tribal-state compacts
  • Minn. Stat. § 609A.055: Automatic expungement of qualifying records
  • Minn. Stat. § 609A.06: Cannabis Expungement Board for felony review

The Rollout Timeline

July 2022

HF 4757 — THC beverages legal

Minnesota legalizes hemp-derived THC edibles and beverages (up to 5 mg per serving / 50 mg per package). The accidental groundwork for a robust THC-beverage market that predates full legalization.

May 30, 2023

Gov. Walz signs HF 100

Minnesota becomes the 23rd state to legalize recreational cannabis. Adult-use possession, home cultivation, and gifting became legal effective August 1, 2023.

Aug 1, 2023

Possession legal — tribal sales begin

Adults 21+ may possess up to 2 oz public / 2 lb home / 8 g concentrate / 800 mg THC edibles. Same day: Red Lake Nation makes the state's first legal recreational cannabis sale at NativeCare in Red Lake.

Aug 3, 2023

White Earth opens Waabigwan Mashkiki

White Earth Nation opens "medicine flower" recreational sales in Mahnomen, two days after Red Lake.

Nov 2024

Preapproval lottery canceled

OCM cancels the social-equity preapproval lottery after investigators uncover suspicious applications from straw applicants attempting to game the equity provisions.

Apr 14, 2025

Minn. Rules Chapter 9810 adopted

Administrative rules governing the industry are formally adopted, paving the way for state licensing.

May 20, 2025

White Earth signs first compact

White Earth Nation signs Minnesota's first tribal-state cannabis compact, allowing up to eight off-reservation dispensaries.

May 24, 2025

White Earth Moorhead opens

The state's first off-reservation tribal dispensary opens in Moorhead.

Jun 18, 2025

First state cannabis license

OCM issues the first state cannabis license — a microbusiness for outdoor cultivation in Pine County.

Aug 2025

Eric Taubel made permanent OCM director

After two predecessors departed within 18 months, Walz makes Taubel (the OCM's first General Counsel) the permanent Executive Director.

Sep 16, 2025

First non-tribal retail sale

Green Goods opens at eight statewide locations including five in the Twin Cities metro — 840 days after HF 100 was signed, the 4th-slowest U.S. rollout.

Sep 17, 2025

RISE launches

RISE Dispensaries (Green Thumb Industries) launches adult-use sales at five locations including Brooklyn Park, Eagan, and New Hope.

Dec 15, 2025

Red Lake compact

Red Lake Nation signs off-reservation compact with the governor.

Mar 11, 2026

SMSC compact

Shakopee Mdewakanton Sioux Community signs its compact; an independent SMSC Cannabis Commission oversees operations.

Mar 20, 2026

NativeCare West St. Paul

Red Lake Nation's NativeCare opens at 2067 South Robert Street — tribal cannabis directly into the metro.

Apr 2026

SMSC opens Flame & Flora Prior Lake

Shakopee Mdewakanton opens upscale "deli style" Flame & Flora across from Mystic Lake Casino — 25 miles southwest of Minneapolis, the closest tribal dispensary to the urban core.

The Office of Cannabis Management

HF 100 created the Office of Cannabis Management (OCM), headquartered in St. Paul, as the sole state regulator. OCM issues licenses, enforces compliance, and manages the transition from Minnesota’s pre-existing medical cannabis program (which transferred from the Minnesota Department of Health to OCM on March 1, 2025).

OCM’s leadership history was rocky. First Director Erin Dupree resigned within one day of her appointment amid allegations she had sold illegal hemp products through a company called Loonacy Cannabis Co. Interim Director Charlene Briner built the office from scratch, hiring over 100 staff and overseeing the rulemaking process before stepping down in January 2025. Eric Taubel, who had served as OCM’s first General Counsel, took over and was made permanent in August 2025. See our OCM & the 840-Day Rollout page.

The 2024 and 2025 Amendments

HF 100 has been amended in subsequent legislative sessions:

  • 2024 session: Various technical fixes, license-category clarifications, and the formal launch of the social-equity preapproval framework.
  • 2025 session: The cannabis excise tax was raised from 10% to 15%. Tribal-compact authorization expanded. Various OCM operational provisions adjusted.

What HF 100 Does Not Do

  • Public consumption. Restricted under Minnesota Clean Indoor Air Act provisions and HF 100 itself.
  • Federal protection. Cannabis remains Schedule I under the Controlled Substances Act. Federal employees, military, and federal contractors remain fully exposed.
  • Cross-border transport. Crossing into Wisconsin, Iowa, or the Dakotas with any amount remains a federal crime.
  • DUI override. Minn. Stat. § 169A.20 still prohibits operating a motor vehicle while impaired. Officers must prove actual impairment via Drug Recognition Evaluators.

Worker Protections (DATWA Reset)

HF 100 amended Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA, Minn. Stat. §§ 181.950–957) to remove cannabis from the statutory definition of "drug" — meaning pre-employment cannabis testing is now largely prohibited for most positions. The amended Lawful Consumable Products Act (Minn. Stat. § 181.938) additionally protects employees from discipline or termination for using cannabis off the employer’s premises during nonworking hours. See our Fortune 500 & DATWA Workplace Reset page.

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