With the passage of Minnesota Session Laws - 2023, chapter 63, adults in Minnesota have begun to explore the many ways to use and enjoy legal cannabis. As the weather improves and holidays and events begin to appear on the calendar, the Office of Cannabis Management (OCM) provides the following information to those wishing to plan public events.
The new law includes specific sections that make possible the ability to host an event, open to the public, where cannabis and hemp-derived edible products are consumed. (Minnesota Statutes, sections 342.24, 342.28, 342.39, 342.40). While most parts of the law went into effect on July 1, 2023, until the Office’s rules are in force in early 2025, there is no mechanism for OCM to license event organizers or to issue on-site endorsements for other cannabis license holders. The information below provides key information that may impact where and if you can host an event, and what products or activities may be allowed at such an event.
Disclaimer
This information is designed to assist persons and businesses wishing to host public events celebrating adult-use cannabis and lower-potency hemp edibles. This information is not intended to provide legal guidance to any person or business, and it is recommended that anyone seeking to hold a cannabis event seek independent legal counsel.
Minnesota Statutes, section 342.09 regulates the locations where cannabis may and may not be used. Specifically, cannabis use is allowed only for those age 21 and over:
Minnesota Statutes, section 342.09, subdivision 4 prohibits the sale of cannabis flower and cannabis products “without a license issued under this chapter that authorizes the sale.” Licenses to sell cannabis at retail will only be issued once the office adopts rules governing the cannabis industry. Moreover, while Minnesota has legalized the sale of the adult use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, the legislature did add new statutory provisions, Minnesota Statutes, section 152.0264, making illegal the unlawful sale of cannabis.
With respect to both consumption and sale, any cannabis event would need to comply with the new cannabis law as it stands today, the existing laws on hemp-derived cannabinoid products, and any applicable local ordinances or rules related to events—in particular those related to alcohol and lower-potency hemp products.
Minnesota Statutes, section 151.72 regulates the sale of hemp-derived edibles to adult consumers age 21 and over and assigns regulation of this market to OCM. Any retailer or business wishing to sell edible cannabinoid products must register with OCM. Section 151.72 also contains provisions for the sale of product designed to be consumed on-site:
See the Hemp-Derived Cannabinoid Product Event Checklist (PDF) for information on hosting a hemp-derived cannabinoid product event.
When state rules are in effect, OCM will issue licenses for cannabis event organizers. The requirements for licensure are detailed in Minnesota Statutes Chapter 342.40. Until then, there are no state licensed cannabis events currently and holding a cannabis-related event is likely subject to local ordinances and guidance.
Until state rules are in effect and OCM is able to license cannabis events under the licensing structure, consider the requirements of the municipality in which the event will occur. It is recommended that you reach out to the municipality with jurisdiction over your event’s location to ensure that your event is in compliance with all local requirements.
Can I - as an individual - give away free samples of cannabis? What if my organization gives out samples in exchange for a donation?
Minnesota Statutes, section 342.09 allows an individual to give for no remuneration to another individual who is age 21 or older up to two ounces of cannabis flower, eight grams of cannabis concentrate, or 800 mgs of cannabis or lower-potency hemp edibles.
This means cannabis may be gifted if the gift is made without a promise of payment, donation, or exchange of other goods and services. Likewise, the gift must not be associated with a commercial transaction.
However, pursuant to section 342.09, subdivision 1, individuals are prohibited from giving cannabis flower or cannabis products for no remuneration (at no charge) as a sample or promotional gift if the giver is in the business of selling goods or services.
If I am a registered business selling hemp-derived edible cannabinoid products, can I give away free samples of hemp-derived edible cannabinoid products at events right now?
Before rulemaking is complete and licenses are issued next year, events related to cannabis are subject to the regulations outlined in Minnesota Statutes, section 151.72. Samples are not expressly prohibited in statute; however, on-site consumption of any hemp-derived cannabinoid product must follow requirements in section 151.72, subdivision 3(f):
OCM encourages anyone organizing an event that will serve or sell hemp-derived cannabinoid products to review this Hemp-Derived Cannabinoid Product Event Checklist (PDF).
Once rulemaking is complete and licenses are issued next year, OCM will issue licenses for cannabis event organizers, and events will be subject to the regulations in Minnesota Statutes Chapter 342, including sections 342.24, 342.28, 342.39, and 342.40. Under section 342.40, subdivision 7, paragraph (g) samples will be prohibited at licensed cannabis events. Samples will only be permissible for licensed lower-potency hemp edible retailers who also have an on-site endorsement and meet necessary requirements, including that the sample is consumed on-site.
Can my cannabis business give away free samples of cannabis?
Chapter 342.24, subd. 2(d) allows for a cannabis businesses to give samples to its employees for quality control purposes. Chapter 342.23, subd. 5(d) authorizes a cannabis business to “provided to a retailer or cannabis wholesaler [a sample] for the purposes of quality control and to allow retailers to determine whether to offer a product for sale.” However, pursuant to section 342.47, subdivision 12, a cannabis business with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products shall not give away immature cannabis plants or seedlings, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products to individual customers.
Can I create advertising or merchandise for my event?
Minnesota Statutes, section 342.64 provides limitations on advertising for cannabis businesses, hemp businesses, and other persons that includes images likely to appeal to children, including cartoons, toys, animals, or children. Similar prohibitions are found in Minnesota Statutes, section 151.72, subdivision 5a. Minnesota Statutes, section 342.01 defines advertisements to include "any written or oral statement, illustration, or depiction that is intended to promote sales of cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or sales at a specific cannabis business or hemp business[.]”
What about the Clean Indoor Air Act?
Minnesota Statutes, section 144.414 prohibits smoking—including use of an electronic delivery device—inside a public place, a day care, a hospital, or on public transportation.
