Minnesota has some of the nation’s most permissive rules for smoking and vaping cannabis, being one of just a handful of states that allows public consumption. Aside from some local ordinances that are more restrictive, those 21 and older generally can smoke and vape wherever tobacco smoking is allowed.
But a date change in the state’s recreational marijuana and hemp law passed in May imposed a new restriction on private consumption that started July 1: Owners of multifamily housing must now ban smoking and vaping of cannabis. The restriction was contained in 2023’s House File 100 but it wasn’t to take effect until March of 2025.
There is a significant exception to that apartment ban, however. Medical cannabis users who are registered with the program and have a medical card must be allowed to use smokable and vapable cannabis, even in multifamily housing.
The ban was pushed last year by Sen. Ron Latz (DFL-St. Louis Park) as one condition for his support for HF 100. Because there were no GOP votes for the bill, every DFL member’s support was needed. As a compromise with bill sponsors, the effectiveness date was set for next March. That was the same time other provisions of the recreational law were to take effect and coincided when sponsors estimated the first recreational dispensaries would open for business.
This year it was determined that the March 2025 date was unworkable for various reasons. First, in order to enforce restrictions on sales of raw cannabis flower being marketed as hemp, the Office of Medical Cannabis needed to be merged with the Office of Cannabis Management (OCM) sooner. Second, so as to allow some cannabis cultivators to begin growing this fall, OCM needed to have jurisdiction over the rules governing medical cannabis cultivation right away, not next spring.
Changing the effectiveness dates of those provisions had the coincident effect of advancing the ban on smoking and vaping in multifamily housing. Existing clean indoor air laws and ordinances ban smoking of tobacco or cannabis in common areas of buildings—lobbies, hallways, laundry rooms and common outdoor areas. But until last month, apartment owners and managers could ban smoking in individual units but weren’t required to. Now they are, at least for cannabis.
Residents can still possess marijuana in multifamily housing and can likely grow plants under limits in the law. And they can use products such as edibles that don’t require combustion via smoking or vaping.
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