Minnesota Drug Lawyer | The New Marijuana “Open Package” Law
Minnesota’s marijuana laws have been the subject of ongoing debate and reform in recent years, culminating in sweeping legislative changes that largely decriminalize and regulate marijuana, or cannabis, statewide. As part of its evolving approach to marijuana regulation, the Minnesota Legislature has passed an open container law for cannabis that will soon take effect. This law addresses a crucial area of the law concerned with how cannabis can be possessed in public places, including in vehicles. In essence, the new law prohibits the possession of open containers (or “packages”) containing cannabis in vehicles, and largely mirrors laws that are already on the books for open containers of alcohol.
The Repeal of Old Laws
Notably (and unsurprisingly) the new legislation repeals certain existing drug laws. Among these are the laws criminalizing the possession of marijuana in a motor vehicle, and the possession or sale of small amounts of marijuana. This doesn’t automatically mean that cannabis can be possessed wherever and whenever, or sold by anyone anywhere, however, it was necessary to repeal certain laws that would conflict with the new laws, discussed below.
Key Provisions of the New Marijuana Open Package Law
- Definition of Open Package: The law defines an open package of marijuana as any receptacle, packaging, or container that contains
cannabis and has its seal broken or the contents partially removed. This includes not only traditional smoking products but also edible marijuana products. For drinkable products, the same test applies as that for alcohol – if a cap has been unscrewed or a tab punctured, the contained is considered open. - Public Places: Interestingly, the law does not create a state statutory prohibition on the use of cannabis in public, but instead leaves the decision to individuals units of local government, that is, cities, towns and municipalities. The law states that a local government may adopt an ordinance establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place, but goes on to state that a public place is not (1) a private residence and yard, (2) private property not usually accessible to the public, or (3) an establishment or event licensed for on-site consumption.
- Vehicle Prohibition: Similar to open container laws for alcohol, the new legislation also extends to motor vehicles. As of August 1, 2023, it will be unlawful to have an open package of cannabis in a vehicle on a street or highway. However, it is important to note that the law allows for the transportation in a motor vehicle of an open package so long as the package is within the trunk of the vehicle or within an area not usually occupied by a driver or passenger if the vehicle is not equipped with a trunk. Additionally, it is unlawful to use cannabis while in a motor vehicle while it is on a street or highway.
cannabis and has its seal broken or the contents partially removed. This includes not only traditional smoking products but also edible marijuana products. For drinkable products, the same test applies as that for alcohol – if a cap has been unscrewed or a tab punctured, the contained is considered open.Conclusion
Minnesota’s new open package law for marijuana marks a significant milestone in the state’s evolving approach to cannabis regulation. By addressing concerns related to public consumption and promoting responsible use, the legislation aims to strike a delicate balance between individual liberties and public safety. This post merely scratches the surface of the new marijuana laws that will soon take effect. As with any large legislative change, there will inevitably be case law developed by the courts surrounding the meaning of the laws and their enforcement.
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