When Minnesota lawmakers legalized recreational marijuana in 2023, Democrats hailed it as the state’s most sweeping shift in drug policy in half a century and long-overdue relief for tens of thousands whose records were marred by low-level marijuana offenses.
What had been a felony—having two ounces of cannabis flower in a car, enough for about 100 joints—became legal overnight when the law took effect on August 1.
But legalization hasn’t ended marijuana prosecutions. Minnesota prosecutors have brought more than 3,500 charges and won more than 1,200 misdemeanor convictions against people with cannabis in their cars since legalization, according to a Minnesota Reformer analysis. Additionally, prosecutors have filed nearly 500 charges against people for consuming cannabis in vehicles, either as passengers or drivers.
That’s due to an important but unadvertised caveat: all cannabis products—including flower, vape pens, wax and edibles—must be in the trunk (or trunk area in the case of SUVs) unless they’re sealed in their original, labeled packaging from a dispensary.
The police stops and prosecutions have defense lawyers concerned about the threat of racial profiling and warrantless vehicle searches.
“Now there’s this whole entry point to all of these cars—officers are going to take it every time they get,” Amanda Brodhag, a Hennepin County public defender, said.
Law enforcement leaders and prosecutors say there’s an obvious public safety rationale for the law: driving under the influence of cannabis or any intoxicating substance is dangerous and they shouldn’t be easily accessible to the driver.
The packaging law has caught many consumers and even cannabis attorneys unawares.
“I’m surprised,” said Elliot Ginsburg, an attorney who helps marijuana growers, manufacturers and retailers comply with the new regulatory regime. “I suspect a lot of people don’t know that.”
The law prohibiting improperly packaged marijuana in vehicles isn’t mentioned on the state’s “need to know” page about adult-use cannabis, nor is it referenced anywhere in the chapter of laws governing recreational cannabis, including the lengthy section detailing limits on cannabis possession and the many things people may not do with it, like use it in a vehicle.
The rules are found in the lengthy chapter of traffic laws, next to the nearly identical section on open alcohol containers.
Violating the cannabis open package law is a misdemeanor, carrying a maximum penalty of $1,000 fine and 90 days in jail, although many people end up paying a few hundred dollars or less, according to the Reformer’s review of convictions.
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