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.

Minnesota’s Office of Cannabis Management (OCM) announced Tuesday that it will begin to crack down on the illegal sales of cannabis flower across Minnesota as the state’s adult-use market takes form. The Star-Tribune reports that the OCM entered into an agreement with the Minnesota Department of Health (MDH) to add inspection capacity for illegal sales of cannabis flower.

Minnesota is the 23rd state in the nation to legalize adult-use cannabis for people 21 and older. In doing so, the state also legalized the sale of hemp-derived cannabinoid consumer products, a unique provision, but selling raw cannabis flower is currently illegal because OCM has not yet issued any cannabis business licenses, and hemp sellers must also be licensed. 

When Minnesota legalized adult-use cannabis, the Minnesota Legislature included statutory provisions, Minnesota Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM.

As seen in many other states, many retailers have taken advantage of the legal loopholes regarding hemp derivatives, but the state is pushing back against unlicensed businesses. Just a week ago, on March 7, the OCM issued an enforcement notice designed to warn retailers about selling full-strength hemp products. The OCM stated that it has received complaints of retailers selling full-strength cannabis flower under the guise of being hemp. Hemp is legal only within THC limits specified by state and federal law.

The OCM, in alignment with federal law regarding hemp under 7 CFR 990.1, will consider the total concentration of THC post-decarboxylation—the process that converts THCA to delta-9 THC to produce an intoxicating effect. The examination of raw flower products will include reviewing the certificate of analysis.

Minnesota Statutes, Chapter 342 defines Minnesota’s cannabis market, empowering the OCM to ensure compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis flower and cannabis products “without a license issued under this chapter that authorizes the sale.”

A Warning to Flower Sellers in Minnesota

The OCM reiterated its stance on flower that is being sold by retailers without a license.

“Our primary goal at the Office of Cannabis Management is to ensure a safe, legal cannabis industry that protects public health and provides accurate, reliable information to adult consumers,” said Charlene Briner, OCM interim director. “This interagency agreement gives us capacity to conduct inspections during this transitional implementation period, and more fully integrates the work of the MDH inspectors who will eventually transition their work to OCM.”

MDH inspectors who inspect retailers selling legal hemp-derived cannabinoid products will begin simultaneous examination of w flower products being offered for sale to ensure those products are hemp and not cannabis.

“While this is a temporary issue that will no longer exist once businesses are licensed to sell cannabis flower, OCM’s commitment to ensuring an industry that abides by all legal requirements is steadfast and ongoing,” said Briner. “We are confident that by providing clear expectations and guidance to businesses, the majority of operators will choose to follow the law.”

The crackdown of raw flower products will mean that inspectors will look for the product’s certificate of analysis for test results on total THC. Per federal law and under the 2018 Farm Bill, hemp flower must contain 0.3% or less of delta-9 THC on a dry weight basis. Products exceeding 0.3% delta-9 THC in dry weight are considered marijuana and are therefore illegal to sell.

Penalties for Selling Flower Illegally

So what are the penalties involved for sellers of illegal flower? Retailers caught selling flower and who are in violation of the law could be faced with embargo of product and fines of up to $1 million for violating state law. Additionally, a violation could impact a person’s ability to receive a license for a cannabis business in the future. 

Per Minnesota Statutes, 342.09, subdivision 6, OCM may assess fines in excess of $1 million for violations of this law. Likewise, under Minnesota Statutes, chapter 342.19, OCM is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules adopted under this chapter[.]”

The OCM encourages retailers to vet products that they are selling to ensure that the products are legal. The OCM has sent a letter to all retailers registered with MDH to alert them that inspections of raw flower will begin immediately.

In a December 2023 bulletin, Minnesota’s health department issued a similar warning, noting that the agency inspected 167 retailers offering hemp-derived cannabinoid products between August and November and found that more than one in three (39%) of the shops were selling illegal high-potency products. Under Minnesota law, hemp edibles and beverages sold in the state must not exceed 5 milligrams of THC per serving and no more than 50 milligrams per package.

Licensing for cannabis retailers is expected to roll out later this year, and state officials aim to launch cannabis sales in 2025.

Minnesota legalized adult-use cannabis in 2023 and medical cannabis back in 2014, and with the emergence of the pending market comes a new report documenting the cannabis habits among consumers in the state.

While the report primarily looks at consumption and buying habits of Minnesotans, it also notably suggested that the state will need a minimum of 381 cannabis dispensaries across the state. This is because of state law, which requires one dispensary for every 12,500 Minnesotans.

The report details the findings of a project commissioned by the Minnesota Office of Cannabis Management looking to better understand current attitudes of cannabis consumers and demand in the state. Specifically, it pulls from data collected from the June 2023 and Sept. 2023 Regulatory Determinants of Cannabis Outcomes Survey (RDCOS), which is used to gather state-specific data on cannabis-related outcomes and administered on a quarterly basis.

Data collected from 494 participants residing in Minnesota who completed the full survey were included in the sample, and all were past-year cannabis consumers. The percentage of participants residing in each county is “almost perfectly correlated with the percentage of actual Minnesota residents in each county,” so authors suggest that the data is consistent with actual county populations in the state.

Minnesotan Cannabis Usage Habits Examined

The report first looks at consumption frequency among respondents, noting that 83% of qualified participants consumed cannabis at least monthly, with 40% consuming cannabis daily or almost daily. It also notes that 40% of the total sample said they are medical cannabis patients. 

Authors clarify that these figures are “likely no representative of the absolute prevalence of past-month cannabis consumption among past-year consumers in the state, not of medical cannabis participants in the broader cannabis consuming population,” stating that the RDCOS successfully oversampled frequent consumers to provide greater confidence in quantifying total demand.

The report notes that these patterns are consistent with other U.S. states, with individuals in the sample consuming flower and concentrates slightly less (11 days out of the month versus 12 days in the national sample for flower and five days versus six days in the national sample for concentrates). Edibles and vapes were consistent between Minnesota and national data, at seven and eight days out of the month, respectively.

The report also looked at alternative cannabinoid consumption, with more than 50% of the sample reporting the use of at least one alternative cannabinoid over the past month and 68% indicating use of alternative cannabinoids in the past. 

Delta-8 THC was the most popular for past-month use at 32% followed by CBD at 31%. More participants said they used CBD “before, but not in the past month” at 40%, though numbers still remained strong in this category for delta-8 at 33%.

A Closer Look at Obtaining Cannabis in Minnesota

Participants reportedly obtained 24.77 grams of cannabis within the past month across the entire sample, a slightly higher figure than the national average “suggesting a robust market for cannabis-related businesses,” the report says.

Most participants said they obtained cannabis from friends and family (67.6%), followed by adult-use dispensaries (61.3% — though the report notes this likely means lower-potency hemp-based edible retailers given that recreational cannabis dispensaries are not yet up and running). Dealers were the next largest source (53.4%) followed by medical dispensaries (42.7%).

Participants were most likely to report sourcing cannabis from a dealer more than once over the past month compared to the reported frequency of sourcing from other options, with 41% of those purchasing from a dealer reporting going two or more times in the past month. In contrast, 35% of those sourcing from adult-use dispensaries went two or more times, along with 26% of those utilizing medical dispensaries.

“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,” the report notes.

About 25% of the sample also reported cultivating cannabis at home, with two cannabis plants on average per participant.

Looking Big Picture

Finally, the report looked at broader practices around cannabis consumption, finding that respondents on average traveled 18 minutes each way to purchase cannabis, similar to the national sample. 

Participants in the sample spent a median of $40 on cannabis within the past month, a slightly lower figure than respondents in states with similar adult-use cannabis laws from the national sample (a $75.50 median).

While the report notes that there will be “no less than 381 retail registrations” given the state’s population size, authors state that many local governments may look to have more retail registrations than the minimum so that number may very well be higher when the market finally finds its footing.

“It is impossible at this time to understand the necessary supply of cannabis vs. hemp needed to accommodate total demand without further research,” authors wrote. “Until the adult-use market is launched and sales for both types of outlets can be thoroughly assessed, estimates of adequate product supply and outlets for the adult-use program will likely be inaccurate.”

The full report is available here via KSTP-TV.

The Minnesota Department of Health has issued a bulletin warning consumers that retailers are selling unregulated and illegal cannabis products that exceed the state’s limit for THC. Minnesota legalized recreational marijuana earlier this year, but state-licensed cannabis dispensaries are not expected to open for at least a year, perhaps not until early 2025.

In its bulletin, the health department noted that the agency inspected 167 retailers offering hemp-derived cannabinoid products between August and November and found that more than one in three (39%) of the shops were selling illegal high-potency products. Under Minnesota law, hemp edibles and beverages sold in the state must not exceed 5 milligrams of THC per serving and no more than 50 milligrams per package.

“Illegal, high-dose hemp-derived products may contain hundreds of milligrams of THC per serving, and with multiple servings in a package, this can add up to thousands of milligrams of THC — far above the legal limit,” the health department wrote in a bulletin last week. “These products are produced by a variety of manufacturers and if consumed may lead to adverse health effects, such as becoming unresponsive, seizures or psychotic episodes.”

Garry Bowman, a spokesman for the Department of Health, added that more than 70% of the retailers inspected had “deficiencies of one kind or another,” such as incorrect labeling or product placement, according to a report from the Star Tribune.

Until earlier this year, Minnesota’s hemp-derived cannabinoid product market was unregulated, with many retailers throughout the state selling untested and potentially harmful products. This summer, however, the Department of Health was given the authority to inspect businesses and products to ensure compliance with testing requirements, dosage limits, packaging laws and other regulations. 

The Minnesota Department of Revenue reported that it collected nearly $3.4 million in taxes on cannabis products between July and October. The figure translates to about $34 million in hemp products sold during those four months, putting Minnesota on track to sell more than $100 million in hemp THC edibles and beverages annually. 

The inspections of retailers carrying hemp products are being carried out by the Office of Medical Cannabis, a new state agency that is part of the Department of Health. Chris Elvrum, the assistant director of the office, said that he was not surprised when he learned that so many of the state’s retailers were selling high-potency hemp products.

“I think the marketplace, it just hadn’t been regulated for a while, to any great degree,” Elvrum told the Star Tribune. 

More Inspections Coming

The recent probe of hemp retailers was carried out when the department had only one inspector on its staff. But the agency has recently hired five additional inspectors, Bowman reported, with another to be hired next month. The increased staff is needed to properly inspect Minnesota’s approximately 3,000 businesses including hemp shops, breweries and liquor stores that have registered with the state to sell or manufacture hemp products. 

Elvrum said that in the future, the inspectors will concentrate their efforts on businesses that most commonly sell hemp products that do not comply with state regulations.

“So, smoke shops and some hemp shops and a few convenience stores. But a lot of them are smoke shops or tobacco shops that carry a variety and have these high-dose products,” Elvrum said. “Right now, there’s about 800 of those registered.”

Inspectors will also eventually examine liquor stores, bars and restaurants that sell hemp THC seltzers and other beverages. Elvrum said those products have been given a lower priority for inspection because the health department has determined that they are generally more compliant with regulations than some other hemp products such as gummies.

Elvrum also noted that when inspectors discover illegal hemp products, retailers are asked to destroy them immediately or box them to be held for subsequent monitored destruction.

“So far, all of the places we’ve visited have either done it on the spot [or] in a few cases, we would send our inspector back to watch them destroy it,” he said.

Retailers found to be selling illegal hemp THC products are subject to fines of up to $10,000 per incident, according to the Department of Health. Businesses selling hemp products without registering with the state as required by law can also be fined up to $10,000. 

Elvrum said that the Office of Cannabis Management has so far not fined retailers not complying with the state’s hemp regulations. But that could change if inspectors return to a business previously found to be selling illegal products and discover repeat violations.

“We are generally giving them the benefit of the doubt on the first visit,” Elvrum said. “Certainly, repeated violations of the same nature are going to end up being considered for a penalty.”

Minnesota is still trucking along with building up its cannabis team. Star Tribune recently interviewed Charlene Briner, who explained the current status and challenges of the Office of Cannabis Management (OCM). “I am here for a little longer than anybody had planned, at least through the early part of 2024,” Briner told Star Tribune. “I think the governor is evaluating next steps.” She added that she’s under contract with the state until Feb. 15, 2024, but hopes to hire nine key administrators for OCM by the end of 2023 or early January 2024.

Recently, Briner explained that the Minnesota Department of Health hired inspectors specifically to keep an eye on hemp-derived businesses and products. Additionally, the Department of Agriculture is helping the Department of Health on compliance enforcement, and many government employees have been reassigned to assist with compliance as well, with an expected total of 120 employees to bolster cannabis management. “There’s a lot of work happening behind the scenes keeping us on track for a successful launch in 2025,” said Briner.

Briner ended her interview by confirming that the deadline is still realistic, and that the application window for cannabis business owners to apply for a license could possibly begin by the last quarter of 2024. “What we have learned is that this is an ambitious timeline, but we are committed to meeting it and there’s a lot of work to be done,” Briner concluded.

The previous OCM director Erin DuPree’s appointment was announced on Sept. 21, 2023. On Sept. 22, allegations arose that she owned a hemp cannabis company (Loonacy Cannabis Co., which she founded in July 2022) but that she sold illegal or unregulated hemp products. That same day she said she “would not be going forward” with her appointment.

Gov. Tim Walz originally described DuPree as a star candidate, saying “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,” Walz said. “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.”

DuPree responded to her appointment with optimism, stating that her first goal was to start hiring more people to build up the team. It appears that an OCM director wasn’t needed for that to happen, according to Briner’s interview statements. The Star Tribune reported that Walz has not interviewed anyone for the director position yet.

Minnesota was the 23rd state to legalize recreational cannabis on May 2, 2023, when Walz signed the bill into law. In a speech, Walz explained the failed War on Drugs and the need for change. “We’ve known for too long that prohibiting the use of cannabis hasn’t worked. By legalizing adult-use cannabis, we’re expanding our economy, creating jobs, and regulating the industry to keep Minnesotans safe,” Walz said. “Legalizing adult-use cannabis and expunging or resentencing cannabis convictions will strengthen communities. This is the right move for Minnesota.”

The law allows residents to possess 32 ounces of cannabis at home (about 2 pounds), and grow up to four plants. While in public, they can legally possess up to two ounces at a time, while other states such as California, Washington, and Nevada only allow one ounce of cannabis at home, and Colorado limits home possession to one ounce. “The vast majority of adult use states that allow home cultivation don’t have any explicit limit,” says NORML Political Director Morgan Fox. “And most of them explicitly say that you can keep whatever you grow in your own home. There are four states aside from Minnesota that actually have set limits. Massachusetts has 10 ounces, Michigan has 10 ounces, Oregon is eight ounces and New York is 5 pounds.”

Recent analysis by Vicente LLP shows that Minnesota’s cannabis industry could reach up to $1.5 billion in value by 2029, selling to an estimated 650,000 adult-use cannabis and medical cannabis consumers across the state every year.

Although it’s going to take time to get the state’s cannabis program up and running, the Minnesota-based Native American Red Lake Nation Tribe quickly set up sales that began on August 1, making it the first dispensary in the state. “We see this as a resource not only to reduce harm, but to also bring in resources to help our people recover,” said Sam Strong, Red Lake Nation’s tribal secretary. While alcohol isn’t allowed on tribal land, the tribe already has plans to provide medical cannabis as well to offer tribe members.

Last month, the University of Minnesota (UM) announced the launch of its Cannabis Research center, which is funded by the cannabis legalization bill signed by Walz in May. “I am excited for the opportunity to lead the Cannabis Research Center and, alongside my colleagues at the School of Public Health, to conduct innovative research on the health effects of adult-use cannabis legalization on people and communities across the state, including prevention and treatment of substance use disorders, equity issues, education and decriminalization,” said UM professor Traci Toomey. The goal is to provide research that can serve as evidence for policymakers to make informed decisions about cannabis legislation.

A man in Minnesota is providing free growing and cannabis basics workshops—free to the public—to help people get a foot in the door of the industry. Minnesota allows home cultivation under its recently approved adult-use cannabis law, and residents are eager to see if they have a green thumb.

Minnesota adults are allowed to grow up to eight plants, four mature. Growing cannabis takes years of experience to master, but you gotta start somewhere. 

Inforum reports that Steve Rosenfeldt, who is the owner of Ediblez OTC in Moorhead, Minnesota, wants to share his expertise with the plant to others. Rosenfeldt is hosting monthly Cannabis 101 and Growing 101 Workshops, held on the last Tuesday of each month at the Midtown Tavern in Moorhead.

Locals say the skills they’re picking up will be valuable.

“Really nice to be able to learn how to grow your own and not have to go to the store,” Jamie Carrillo, who was one of 40 people to attend the most recent workshop held on Nov. 28, told Inforum.

Inforum reports that it’s the third class Rosenfeldt has taught so far. Each class attracted dozens of curious would-be growers of all ages, and some are reluctant to grow due to the lingering stigma surrounding pot.

“There’s still a lot of stigma, people are skittish of even being seen in here, so it was kind of a surprise to have as many people turn out,” he said.

Rosenfeldt is legally allowed to sell seeds that can grow cannabis at his store, but he cannot yet sell marijuana products. The store instead sells hemp-derived CBD and THC products. The seeds cost around $30 or $40, and it takes about four months for the seedlings to become mature plants.

Adult-use Cannabis in Minnesota

Last May, Minnesota Gov. Tim Walz signed the state’s cannabis legalization bill into law, officially making Minnesota the 23rd state in the nation to legalize recreational cannabis.

The 300-page bill allows adults in the state over the age of 21 to use recreational cannabis and looks to transform the current illicit market into regulated, state-licensed businesses around the state. It specifically creates a new regulatory framework to license cannabis businesses to cultivate, manufacture and sell cannabis at retail dispensaries. There are a total of 12 different business licenses a person can apply for in the recreational market, along with additional licenses for medical cannabis.

The legislation also expunges low-level cannabis convictions. The new law will automatically expunge non-felony cannabis offenses, and it will establish a board to review more serious cannabis crimes.

The bill was designed with social equity in mind, granting social equity status to military veterans or active service members denied honorable status because of a cannabis offense, farmers from underrepresented communities and residents of areas which have “experienced a disproportionately large amount of cannabis enforcement.”

The industry is overseen by the Office of Cannabis Management, which controls the regulation and sale of cannabis products in Minnesota.

Home Cultivation Limit

When Minnesota legalized cannabis for adult use, it set the home limit at 32 ounces or 2 pounds. But out in public, Minnesota adults are allowed up to 2 ounces. The legislation allows adults to grow up to eight cannabis plants at home, including four mature, flowering plants.

Out of the states that have legalized cannabis for adult use, the limit for personal amounts at home in some states ranges from 1-10 ounces. Most states with home cultivation don’t have any limits set.

“The vast majority of adult use states that allow home cultivation don’t have any explicit limit,” NORML Political Director Morgan Fox told High Times at the time. “And most of them explicitly say that you can keep whatever you grow in your own home. There are four states aside from Minnesota that actually have set limits. Massachusetts has 10 ounces, Michigan has 10 ounces, Oregon is eight ounces and New York is 5 pounds.”

“If you’re gonna put a limit on it, I think it’s a good idea to have it towards the higher end of the spectrum and possible so that you can avoid potentially criminalizing people that are growing their own medicine or growing cannabis for their own purposes, but who are trying not to transfer to anybody else, you know, they’re not trying to gift it out, and certainly don’t want to be selling it.

Local business owners in the area, however, said that they predict 99% of consumers in the state aren’t going to have a need for 2 pounds of cannabis at home, and if they do, they will probably sell it illegally. 

Despite having the higher limit, industry insiders say it’s not enough for the state’s four-plant home grow limit.

The Minnesota Office of Traffic Safety (OTS) announced its pilot project to launch a cannabis saliva test for determining impairment in drivers.

According to OTS Director Mike Hanson, the test is being designed to determine recent impairment. “We’re not looking to find somebody who used 10 days or 14 days ago. We’re looking for somebody who used within the last couple of hours,” Hanson explained.

The saliva test would screen for a total of six substances, such as cannabis and opioids, using both the SoToxa Mobile Test System and Dräger DrugTest 5000. Both devices have already previously been tested in other states.

The state’s 320 Drug Recognition Evaluators (DREs), who have been trained to recognize signs of impairment due to substances other than alcohol, will be given saliva devices for the program. A majority of the DREs are local law enforcement officers, but one-third are state troopers. “We’re going to get a good sampling not only in metro areas, but also in the greater Minnesota areas that will give us an idea of how prevalent drug impaired driving is on our roads,” Hanson continued.

In practice, if an officer comes across a driver who appears to be impaired, they will ask them to perform field sobriety tests, followed by swabbing their mouth, if they consent. “That swab is then inserted into a cartridge, and that cartridge then is inserted into the instrument. Roughly five minutes later, you will get your result,” Hanson said. A news report from Fox 9 explained that individuals won’t be arrested or have their licenses revoked while participating.

The pilot program will help the department gather data by using participants who provide voluntary saliva samples. The goal is to determine the presence of one of the six substances, not the varying levels of a substance within a person’s body. “If you have Delta 9 in your system, that tells the officer [the driver] used recently, and that very likely is the cause of their impairment, or part of their impairment if they’re using other things in in conjunction with that cannabis,” Hanson said.

Data shows that between 2013-2017, there were 8,069 incidents involving intoxicated drivers, and between 2018-2022, that number increased to 15,810.

The goal is that OTS will gather data and submit it to the Minnesota Legislature in fall 2024, with the goal of asking lawmakers to update state law to allow the devices to be used by law enforcement to arrest impaired drivers.

In Michigan in 2017, a similar Oral Fluid Roadside Analysis Pilot Program was launched with the use of a device called an Alere DDS2, which tests for amphetamine, benzodiazepines, cannabis, cocaine, methamphetamine and opiates. Between 2019-2020, Phase II of the program was launched. Similar roadside saliva tests have been implemented in Alabama and Kansas as well.

Following adult-use cannabis legalization in Canada in 2018, the country altered its laws to permit the use of roadside saliva drug tests with the Dräger DrugTest 5000. In 2019, the Canadian government approved the SoToxa Mobile Test System for use by law enforcement. 

The Victorian Parliament in Australia recently approved a bill to address and implement a medical cannabis driving trial in October 2023 as well. “This bill will allow us to deliver a world-leading research trial into medical cannabis and driving, enhancing our understanding of how cannabis affects driving behavior and informing future reform,” said road safety minister Melissa Horne.

Victoria was the first Australian province to legalize medical cannabis six years ago. “The reality is patients continue to wait. Medicinal cannabis has been prescribed since 2016, that’s a long time for patients to have to wait for a resolution,” said Australia MP Rachel Payne. “A medicinal cannabis patient should be treated like any other patient who is prescribed medicine by a doctor who also provides appropriate advice about when that patient is safe to drive.”

However, there are concerns regarding the efficacy of these roadside drug tests. In 2019, a Vancouver-based attorney found that the Dräger DrugTest 5000 was not a reliable way to determine impairment, claiming that it was producing false positives for people who had only consumed CBD. “We found there was a retention period of half an hour. It was still found in the mouth even though there were no lingering effects in the body,” said attorney Kyla Lee.

Other complaints included that the device wasn’t performing properly in cold weather. “We need to put more effort in this country into finding a device that can tell the difference between something that’s impairing a person and something that’s merely present in their system,” Lee explained.

In September of this year, an article published on the American Council on Science and Health website explained how these drug tests are still not up to par. In a recent study conducted by researchers at the University of California, San Diego, determined that roadside saliva tests in theory are useful, but not accurate. “One court concluded that ‘there is as yet no scientific agreement on whether, and, if so, to what extent, these types of tests are indicative of marijuana intoxication,’” researchers wrote.

The University of Minnesota last week launched the new Cannabis Research Center, only six months after the institution was authorized by the state’s marijuana legalization statute. The center, which was established as part of the university’s School of Public Health, will work to assess the impact of cannabis legalization in Minnesota and advise policymakers as they establish regulations and best practices for the state.

In May, Governor Tim Walz signed H. F. 100, which legalized cannabis for adults aged 21 and older. As part of the legislation, lawmakers included a $2.5 million annual appropriation to fund the center, which will be paid by cannabis tax revenue once the state’s regulated recreational weed market is up and running. Professor Traci Toomey, a public health policy expert focusing on substance use control policies, will serve as the Cannabis Research Center’s first director.

“We’re extremely grateful to the Minnesota Legislature and Governor Walz for their leadership and support in creating Minnesota’s first-ever research center focused on cannabis here at the School of Public Health,” Toomey said in an announcement from the university’s School of Public Health. “I am excited for the opportunity to lead the Cannabis Research Center and, alongside my colleagues at the School of Public Health, to conduct innovative research on the health effects of adult-use cannabis legalization on people and communities across the state, including prevention and treatment of substance use disorders, equity issues, education and decriminalization.”

Assessing the Impact of Cannabis Legalization

The university noted that knowledge on the impact of cannabis legalization “is limited and inconsistent, due largely to the lack of formalized evaluations, robust data sets and strong research programs.” The Cannabis Research Center (CRC) is tasked with learning how Minnesotans use cannabis and how the legalization of marijuana affects the state’s people and communities. To guide its work, the CRC has already established several core principles including:

• Leading the scientific community in cannabis research.
• Upholding antiracist principles by prioritizing questions related to equity and incorporating antiracist practices into collaborations, research questions and methods, interpretations and communications.
• Maximizing health benefits and minimizing health problems related to cannabis by addressing timely questions now and into the future.
• Being a trusted source of information about cannabis research for individuals, communities and organizations.

“We will work collaboratively with state and local agencies and community-based organizations to explore and identify the initial research priorities related to cannabis use in Minnesota,” said Timothy Beebe, interim dean of the University of Minnesota School of Public Health. “I am confident that, under Dr. Toomey’s leadership, the CRC will provide the data and evidence our policymakers need to make informed decisions about cannabis to prevent inequity and adverse health impacts throughout Minnesota.”

One focus of research conducted at the CRC will be investigating how cannabis affects underage users, who can be particularly susceptible to the potential harms of marijuana use.

“For young people, their brain is still developing. And so there’s some concerns about the effects of cannabis on brain development,” Toomey told Minnesota Public Radio. “And the earlier people start using, there’s some concern that they may be more likely to develop a cannabis use disorder later in their life.”

Another priority of the CRC’s work will be exploring how cannabis legalization affects important issues such as public safety and health equity.

“What we see sometimes happens with other substances like alcohol and tobacco, is that sometimes some communities are disproportionately targeted by marketing, or maybe they have more of the stores or dispensaries in their neighborhood because some people want to buy the product, but they don’t want those stores in their neighborhood,” said Toomey.

Minnesota’s recreational marijuana law went into effect in August, allowing adults 21 and older to possess and use cannabis without fear of criminal penalties. State-licensed cannabis dispensaries are expected to open in early 2025 after policymakers establish the regulations for the commercial production and sale of cannabis products.

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.