Blog: Minnesota’s Cannabis Law Overhaul—What It Means for You

Introduction

Minnesota is entering a new era in cannabis regulation, and for many Minnesotans, it’s more than just about legalization. It’s about long-overdue justice.

At Jennrich Law, we’ve been closely tracking the state’s evolving cannabis laws to better support our clients. Here's what you need to know about how legalization has changed the legal landscape, and how automatic expungement is helping thousands of Minnesotans clear old cannabis-related convictions.

Minnesota’s Legalization of Recreational Marijuana 

On August 1, 2023, adult-use cannabis officially became legal for Minnesotans 21 and older. Under the new law:

  • Adults may possess up to 2 ounces in public, or 2 pounds at home.

  • Home cultivation of up to eight cannabis plants (four flowering) is allowed.

  • Retail sales will be overseen by the newly created Office of Cannabis Management.

  • A 10% state tax applies to recreational cannabis sales.

This shift marks a profound change in how the state views cannabis—moving from criminalization to a regulated, adult-use market.

Automatic Expungements

Perhaps even more impactful than legalization is Minnesota’s move to expunge past cannabis convictions. For many, this is a long-awaited opportunity to shed the burdens of a criminal record. As of May 2024, the Minnesota Bureau of Criminal Apprehension (BCA) has already automatically expunged over 57,000 cannabis records. 

How Can You Check Your Record?

If you’re unsure whether your cannabis record qualifies for expungement, Jennrich Law can help. But you can also take these steps:

  1. Visit the Minnesota Court Records Online (MCRO) portal.

  2. Check your case status with the Minnesota BCA.

  3. Go to the court house and use their court kiosk to search your record.

  4. Contact our office for a free consultation on your eligibility.

Remember that some records, such as juvenile records, are not available to the public. To obtain these records, you will have to do a special request through the court. 

The Clean Slate Act

Beginning in January 2025, Minnesota’s Clean Slate Act will extend automatic expungement to a broader range of nonviolent offenses, not just cannabis-related. This means even more Minnesotans will benefit from automatic sealing—no petitions or court appearances required.

Should You Wait or File Your Own Expungement Petition?

If you're eligible for automatic expungement—or think you might be—it’s important to weigh your options. Here are some pros and cons to consider:

Pros of Waiting for Automatic Expungement

  • No legal fees: The process is automatic for eligible offenses.

  • No court appearances: You won’t have to file documents or attend a hearing.

  • State-funded cleanup: Your record will be cleared as part of the state initiative.

Cons of Waiting

  • Delays: It may take months or years for your case to be reviewed, especially for felonies.

  • Missed opportunities: Until your record is cleared, it can still affect housing, jobs, and licensing.

  • Not all records are eligible: Some cases may fall outside automatic guidelines, requiring action on your part.

Why You Might File a Petition Now

  • Speed: You could clear your record faster than waiting for the state.

  • Broader relief: You might be eligible to seal related charges not covered under automatic expungement.

  • Peace of mind: Filing proactively gives you more control and potentially immediate benefits. 

How Jennrich Law Can Help

At Jennrich Law, we believe in second chances. We can evaluate your record and advise whether filing now is worth it—or if waiting is the smarter route for your situation. Whether you're seeking to clear your record, understand your rights under the new cannabis laws, or navigate related legal issues, our team is here to provide knowledgeable, compassionate representation. Schedule a consultation today to find out if your cannabis conviction qualifies for expungement. You can contact us by email, kabao@jennrichlaw.com, or by calling (651) 785-3110.

“Minnesota’s shift toward cannabis reform is about more than policy–it’s about people. We as a society–including the court system, prosecutors, and attorneys–need to work together to undo the harm that previous harsh marijuana laws have inflicted onto people. Those harms are still very real today–the inability to get jobs, housing, certifications–all due to convictions that are legal or of lesser offense today. At Jennrich Law, we’re proud to stand with those ready to move forward into the new era of cannabis legalization.” - Attorney Ka Bao Jennrich


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