​​​​​Traffic Safety and Cannabis in Minnesota

Personal possession and use of certain amounts of cannabis and cannabis products are no longer a crime starting Aug. 1. The new state law allows people age 21 and older to possess or transport legalized amounts.
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What kinds of cannabis products does the legislation legalize? 

The legalized products include edibles, topicals, concentrates and marijuana flower. 

The 2023 legislation expands the legalization of THC-related products. In 2022, it became legal to consume lower-potency, hemp-derived THC edible products.

How much cannabis or products like THC edibles can I legally have in my vehicle?

 If you're age 21 and older, you can have up to 2 ounces of cannabis flower, 8 grams of concentrated THC and 800 milligrams of edible product (including lower-potency THC hemp-derived product).

Can I use cannabis or products like THC edibles while driving? 

Just like how drinking alcohol in a vehicle is illegal, it's very important to remember that while in a vehicle, it's illegal for:

• Drivers or passengers to open any cannabis packaging, use marijuana or consume other cannabis products.
• Drivers or passengers to have an unsealed container of marijuana (for example, 2 ounces in a zip-close bag).
• The driver to be impaired by marijuana or other cannabis products. Driving high is a DWI (Driving While Impaired). 

Violating any of those rules can lead to you being charged with a traffic offense. You may keep opened product in the trunk of a car or another area not accessible by the driver or passengers.

Always plan ahead for a safe and sober ride if you're going to use marijuana or consume cannabis products.

What is the legal limit for impairment with cannabis or products like THC edibles? 

While there is no legal limit like with alcohol and the 0.08 BAC (Blood Alcohol Content) restriction, law enforcement can arrest a driver for DWI if they observe and document impairment.

Delta-9-tetrahydrocannabinol (delta-9 THC) is the substance that creates impairment from consuming cannabis. It becomes inactive once metabolized by the body, but that can take hours to happen and leaves you at risk for a DWI.

Impaired is impaired, regardless of the substance, and driving high is a DWI.

Our message will never change:  Always plan ahead for a safe and sober ride and never drive while impaired by any substance or combination of substances.

I'm a medicinal marijuana consumer. Can I still be arrested for DWI?​ 

Yes. Even as medicinal consumer, if you are impaired by the product and driving, expect to be arrested for DWI. Impaired is impaired, regardless of the substance, from prescription medications to alcohol to cannabis. Always plan ahead for a safe and sober ride.

What are some effects of cannabis impairment?

Cannabis has measurable effects that impair the ability to drive and react quickly in critical situations. People may think that they're safer drivers while high. That's wrong.

Research shows that driving high may increase your risk of a crash since your reaction time is slower, and your understanding of distance and speed is different. The effects of driving high can include:

• Slowed reaction time.
• Difficulties in road tracking and lane-position variability.
• Decreased, divided attention.
• Impaired cognitive performance.
• Relaxed inhibitions.
• Impaired executive functions, including route planning, decision making, and risk taking, or a combination of all of these factors.

​We expect people to consume alcohol and cannabis together, and that can have an exponential effect on impairment. DWIs involving a combination of alcohol and cannabis are already a concern in Minnesota.

What if I have THC in my system because I frequently consume cannabis, but I didn't consume it before I got behind the wheel? Am I still at risk of driving impaired? 

It depends on when you last consumed the cannabis product. Impairment from cannabis is caused by active delta-9 THC, which becomes inactive over time. Its metabolites are stored in the body for longer periods. Delta-9 THC becomes inactive once metabolized by the body, but that can take hours to happen and leaves you at risk for a DWI.

Law enforcement can arrest a driver for DWI if they observe and document impairment. Impaired is impaired, regardless of the substance, and driving high is a DWI. Any level of active THC in your blood could potentially lead to a DWI arrest if there's observed, documented impairment.

​What are the penalties if I get arrested for DWI due to cannabis or THC-related products?

The penalties follow what a driver would receive with an alcohol DWI. It does not matter what the substance is with a DWI.

A first offense DWI will be a misdemeanor, and it will go up from there on subsequent offenses. Penalties can include, but are not limited to, license plate impoundment, driver's license revocation and vehicle forfeiture.

As always, it's best to plan a safe and sober ride, keeping yourself from the risk of receiving a DWI.

What could a driver face if the cannabis products they have in their vehicle exceed the legal possession and transportation limits?

It depends on the amount. Potential consequences could range from a citation to an arrest for felony possession or sales crime.

Can law enforcement still search a vehicle if there's a marijuana smell?

The Minnesota Supreme Court ruled that a law enforcement officer cannot search a vehicle solely based on the odor of marijuana.

However, it’s important to remember that it's illegal for marijuana and other cannabis products to be used, open or unpackage​d in a vehicle. If a law enforcement officer smells burned marijuana in a vehicle, it may be a factor to continue investigating to determine the source and/or whether the driver​​ is impaired. A strong, raw smell may also indicate a violation of the new “open package law" and result in further investigation.

Law enforcement regularly looks for driver impairment of any kind. If a driver is impaired by alcohol or drugs, they will be able to detect it.

Most licensed peace officers are trained on standard field sobriety testing. They are trained to look for clues of impairment from alcohol or drugs. They look for things such as body tremors, failure to control speech, change in pupil size and other clinical effects.

In addition, if they detect drugs, officers have the option of requesting a Drug Recognition Evaluator (DRE). The DRE can assist with the investigation by performing a scientifically validated evaluation.

Will there be a way for law enforcement to specifically detect cannabis-only impairment like how a preliminary breath test (PBT) is used to detect drunk drivers? 

Law enforcement regularly looks for driver impairment of any kind. If a driver is impaired by alcohol or drugs, they will be able to detect it.

Regarding cannabis-only impairment, we plan to learn more through efforts such as an oral fluid roadside testing pilot project. We're planning to begin that project in the fall of 2023.