Ope, we legalized adult-use cannabis
This free-content issue include the latest news and updates since Minnesota became the 23rd state to legalize adult-use cannabis
The Pre-Roll curates the most important cannabis news and developments at the intersection of policy, politics, and industry development. With over 1,500 subscribers, the Pre-Roll is Minnesota’s premier source for cannabis-related information and intelligence.
The Pre-Roll is written by Blunt Strategies, Minnesota’s first and only full-service strategic consultancy cultivated exclusively for the cannabis industry.
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1. Thanks for your patience.
As you're probably aware, we got busy with a few things over at the legislature this year. We appreciate everyone’s patience while we spearheaded the campaign to legalize adult-use cannabis, and after our victory laps (yes, plural), we’re back to delivering our regularly scheduled programming to all of you fine folks.
2. So what happens next?
The state is in the process of standing up the Office of Cannabis Management (OCM), which will then have to do some pretty extensive rulemaking. The state is currently taking applications for the director of OCM, as well as for appointment to the Cannabis Advisory Council.
👀 side note: the Minnesota Board of Pharmacy’s President, Stewart Williams, wasn’t reappointed to his position on the Board. He served on the Board since 2011. It is assumed that a new President will be elected at the Board of Pharmacy’s next meeting on August 9th.
In next week’s premium issue of the Pre-Roll, we’ll delve into what the timeline and dynamics around the OCM and rulemaking are looking like.
3. Answers to some more burning questions
Yeah yeah, rulemaking blah blah blah… but when do we get to start growing and smoking it?
As reported by KSTP, starting Aug. 1, weed is legal but selling it isn’t. You can legally possess up to 2 ounces of cannabis outside your house and up to 2 pounds inside it. You can also legally grow your own supply. But, you won’t be able to legally sell or purchase adult-use cannabis until the Office of Cannabis Management sets the rules and begins licensing cannabis businesses—that could take up to 18 months. For those who'd rather take matters into their own hands, you can legally grow your own weed at home (Minnesota is the 11th state in the nation to allow home cultivation of cannabis). And, while you might be tempted to pop over to a nearby state where sales are legal and bring some back, Blunt Strategies’ own Leili Fatehi reminds us, "Marijuana is still a scheduled substance as far as federal law goes, so transporting it across state lines is considered a crime federally." So, for now, you might want to hone those green thumb skills and get ready for some home cultivation! Which leads us to…
From the Star Tribune:
With Minnesota's legalization of marijuana for recreational use and home growing starting Aug. 1, an emerging crop of retailers is popping up in preparation for an influx of weed gardeners. Retailers plan to sell carefully curated seed varieties and hold cannabis growing classes come Aug. 1.
"We have a lot of people coming in and asking us how to grow," said Bridgette Pinder, a licensed grower who runs an outdoor hemp farm and the THC storefront Grounded Gardens in St. Paul. "I tell them growing is easy and very challenging at the same time."Currently, Pinder grows plants to make hemp-derived CBD and THC edibles, lotions and salves that she sells at her store. Starting in August, she plans to sell cannabis seeds and plants. In addition, she'll also start to host classes with step-by-step instructions on how to care for the plants.
"It takes a lot of time and learning," she said. "Right now, there's no place you can go learn."
Double your Bridgette, double your fun: Pinder also spoke with WCCO Radio about the issue.
There is one exception to the rule when it comes to buying and selling adult-use cannabis. As the Minnesota Reformer reports, “the Red Lake Nation’s tribal council voted on Tuesday to legalize recreational marijuana and begin selling it — to both tribal and non-tribal members — on Aug. 1. The move could make Red Lake Nation the first entity to operate a recreational dispensary in the state.”
So where can you smoke your homegrown or otherwise procured cannabis started Aug. 1? From MinnPost, Minnesota will be only the fourth state to allow smoking of cannabis in public—but, that’s subject to several exclusions. Just like with tobacco, you can’t smoke cannabis anywhere the MN Clean Indoor Air Act applies. Also like tobacco, local governments will have the power to restrict where cannabis can be smoked. When it comes to multi-family and rental housing, landlords and building managers can’t ban the possession of cannabis products inside apartments, but they can ban smoking and vaping cannabis. In condominiums, the clean indoor air laws do not apply. However, homeowners associations can adopt rules and bylaws regarding cannabis use. If cannabis use interferes with the comfortable enjoyment of life or property, it can be considered a nuisance, allowing for lawsuits and injunctions. Here’s a nice video explainer:
A side note—the MinnPost article includes the non-sequitur that “Leili Fatehi, the manager of the marijuana legalization advocacy group MN is Ready, said she thought it was understood that public use would be allowed.” A few members of the press have mildly grumped that they were led to believe public use would not be allowed. Just like that one time THC edibles got accidentally legalized on purpose, no one is hiding anything, guys—read the bill.
4. Banking
From KSTP, “Any time a new industry is in its earliest stages of development, there are likely to be unforeseen obstacles. That’s certainly true of the fledgling recreational cannabis industry in Minnesota. However, among the biggest obstacles is one everyone is aware of but can’t do much about. Most federally-regulated banks are reluctant to work with cannabis businesses because marijuana is still considered illegal under federal law.”
Recent reporting from Marijuana Moment suggests the jury is still out on whether the SAFE Banking Act, which would resolve this banking issue, will get its first floor vote in the United States Senate this summer or not.
5. Local governments still at it
From the Star Tribune, “Mayors, city councils and city staff are just starting to think about how they will deal with the regulatory and cultural shift that is adult-use cannabis, which will become legal Aug. 1 in Minnesota. Mankato passed a moratorium lasting up to one year in late May. Last fall, Richfield passed a yearlong moratorium on businesses selling the lower potency hemp-derived THC products legalized in 2022. Five counties and 72 cities have moratoriums on the products, according to the Public Health Law Center at Mitchell Hamline School of Law. Eight other cities repealed moratoriums after instituting licensing regimes.”
The issue was discussed on local conservative radio’s Twin Cities News Talk.
From Kare11, The City of West Saint Paul Monday night passed a moratorium on new cannabis retail businesses until January of 2025. The City of Hopkins is taking a different approach with its temporary moratorium, which is on Tuesday night's city council agenda. Hopkins is starting with just a 90-day moratorium, assuming the council can adopt a set of rules across the next three months.
From PostBulletin, “a proposed Rochester ordinance would restrict the number of licensed marijuana retailers to less than half of the city’s licensed liquor stores.
It would also bar the ability to open a new cannabis business until 2025.”
Rochester’s proposed ordinance can be viewed here.
From PostBulletin, the public hearing, which began Monday July 10th, will continue during the council's 7 p.m. meeting on July 24.
From Lakes Area Radio, “members of the Detroit Lakes City Council are expected to debate and vote on the first reading of a new cannabis consumption ordinance for the city. The discussion will be held during the council’s regular meeting on Tuesday night and would effectively ban the use of cannabis products in any public setting. Under the new ordinance, cannabis-product consumption within the Detroit Lakes city limits would be confined to private residences, including the yard of that property.”
These proposals were recently added to Apple Valley's website:
From Valley News Live, “the East Grand Forks City Council voted unanimously on a moratorium -- not allowing the sale of cannabis within city limits.”
We’ll have a lot more to say about what’s happening at the local level in next week’s premium issue of the Pre-Roll.
6. Minnesota’s Medical Cannabis Program Expands
Minnesota’s Medical Cannabis released a bulletin announcing that the program began accepting certified IBS, OCD patients. Patients certified by a participating health care practitioner as having either of these conditions can buy medical cannabis at a medical cannabis dispensary starting Aug. 1, 2023. This means our state's medical cannabis program now has 19 qualifying medical conditions.
Here is the recently published Minnesota Office of Medical Cannabis testimonial video called Mike's Story:
7. Minnesota’s first pre-roll ad?
In 1869, a pharmacy at Bridge Square (crossroads of Hennepin, Nicollet & Washington Avenues) advertised selling "CIGARETTES ESPEC. CANNABIS INDICA" in the Minneapolis Daily Tribune.