Tag Archives: Minnesota

Minnesota Continues To Break New Ground in Cannabis

By Pam Chmiel
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Minnesota has one of the most progressive markets in the US to normalize cannabis. Liquor stores can sell certain hemp-derived THC products, and restaurants are serving THC drinks. They continue to introduce new ways as they roll out their adult-use market.

Minnesota’s medical market has been in place since 2014; adult-use was legalized in 2023. While tribal nations quickly launched their markets, licensed state retailers didn’t open their doors until September 2025.

According to a recent press release from the state’s Office of Cannabis Management, “Since June 18, the state has issued 37 business licenses, including 23 licenses to microbusinesses with plans to conduct retail cannabis sales. Those businesses have been waiting for cultivators, manufacturers, and testing facilities to establish a supply of products to sell to customers. With Tribal-state cannabis compacts now in place with the White Earth Nation and Mille Lacs Band of Ojibwe, state-licensed retail businesses are working in partnership with Tribal Nations to procure safe, tested cannabis products at wholesale to stock their shelves.”

Why Minnesota’s Rollout Is Earning Industry Praise

Panelists at the recent MJBiz conference praised several policy decisions that have positioned Minnesota for a more successful adult-use launch than many earlier states. Chief among them was the legislature’s decision to prohibit local governments from opting out of allowing cannabis businesses in their communities.

“If you allow localities to opt out, many of them will—and the illicit market will be happy to fill the void,” said Jason Tarasek, partner at Vincente LLP. While the policy has generated pushback from some Minnesota communities that feel it is being forced upon them, Tarasek argued that opt-outs will undermine a balanced cannabis ecosystem. “If you want a legal, regulated marketplace, then you simply cannot allow local communities to opt out,” he said. Ensuring statewide access, rather than concentrating retail solely in major cities like Minneapolis and St. Paul, is critical to avoiding a lopsided market.

Minnesota is also breaking new ground with the nation’s first municipal-run cannabis dispensaries, a model similar to the state’s city-operated liquor stores. Several municipalities are preparing to open their own retail locations, and industry observers are watching closely, as Pennsylvania has considered the same model.

Tribal-State Compacts and a New Supply Chain Model

Panelists highlighted Minnesota’s tribal-state cannabis compacts as one of the most groundbreaking accomplishments of the state’s market design. Formed by the legislature and now available to all 11 federally recognized tribes in Minnesota, the compacts create a formal framework between the two sovereign governments.

“Cannabis compacts sit at the intersection of sovereignty and cannabis law,” said Mitch Chargo, Esq., who works closely with tribal clients in the state. He described compacts as negotiated agreements designed to clarify regulatory standards, enforcement authority, and intergovernmental coordination, with the goal of reducing uncertainty and conflict across the supply chain.

Under the compact model, tribes such as the White Earth Nation operate their own cannabis regulatory authorities, which oversee both on-reservation and off-reservation cannabis operations. These tribal regulators coordinate directly with Minnesota’s Office of Cannabis Management, which has dedicated staff focused on tribal relations. “The most important part of the compact is establishing a constant and reliable line of communication between the two governments,” Chargo said, noting that the collaboration is designed to protect tribal sovereignty while ensuring public health and safety through consistent testing and compliance standards.

While panelists acknowledged that friction is inevitable when multiple sovereign regulators operate in the same marketplace, they emphasized that Minnesota’s compacts proactively include processes for resolving disputes through ongoing communication rather than enforcement escalation. “The goal is to resolve issues before they become conflicts,” Chargo said, pointing to in-person coordination as a key feature of the framework.

Tarasek, who has worked on multiple Minnesota tribal compacts, said the model is drawing national attention. “The opportunities in Minnesota for tribal nations are incredible,” noting that the compacts allow tribes to operate cannabis businesses beyond tribal land while maintaining independent regulatory authority. As a result, Minnesota could soon have a dozen cannabis regulators operating in parallel, including the state Office of Cannabis Management and 11 tribal regulatory bodies.

“That simply does not exist anywhere else in the country,” Tarasek said. “Other states and other tribal nations are watching Minnesota very closely.”

Strong Intentions for Social Equity

Panelists agreed that Minnesota’s social equity framework was designed with well-intentioned goals, but some provisions have created challenges for applicants rather than protection.

Minnesota moved early to support social equity applicants that include individuals impacted by cannabis prohibition, veterans, residents of high-poverty areas, and emerging farmers. “When we talk about who our social equity applicants are, it is important to remember that more than half of them are veterans,” said Jen Reise, founder of North Star Cannabis Consulting. “That veteran application pathway was simply much easier for people to get through.”

One of the most debated aspects of the program is the requirement that social equity applicants maintain at least 65 percent ownership of their businesses. The rule was intended to prevent predatory behavior and out-of-state interests from co-opting equity licenses. In practice, however, panelists said it has significantly limited access to capital.

“That 65 percent ownership requirement did a huge disservice to social equity applicants,” said Chargo, “Trying to raise money when you can only sell 35 percent of your company makes it virtually impossible, especially for microbusinesses that already face serious financial constraints.”

Chargo added that the ownership structure often forces social equity operators into retail because it is the least capital-intensive option. “You may be able to get licenses for cultivation or manufacturing, but without capital, most of these businesses end up funneled into retail simply because it costs less to launch,” he said.

Panelists also discussed Minnesota’s microbusiness license, which was created to support small, vertically integrated operators. Reise noted that while the license aligns with the spirit of social equity, the low barriers to application have resulted in many first-time operators entering a complex and highly regulated industry. “We have a large pool of excited but inexperienced operators who are trying to stand up businesses and need significant support to have a real chance at success,” she said.

Tarasek echoed concerns raised by national equity advocates. “Social equity is a wonderful idea, but one of the best ways to help these applicants may be to give them flexibility,” he said, referencing feedback from the Minority Cannabis Business Association. Tarasek noted that not all social equity licensees will be positioned to operate long-term and that allowing license transfers or sales may become a critical exit option for some.

“I hope they all succeed, but the reality is that not everyone will,” Tarasek said. “Some of these applicants have no business experience, no cannabis experience, and limited capital. For some, selling a license may be the most viable way to create value.”

Minnesotans Embrace Craft Brands

Panelists said Minnesota’s licensing structure and canopy limits were deliberately designed to prevent market domination by large multistate operators. “They kept the canopy limits restricted, and that has largely succeeded in keeping the big MSOs out,” said Tarasek. While the rollout has not been without delays, Tarasek noted that the market is now moving and that opportunities remain for experienced operators, investors, and entrepreneurs. “There are still plenty of licenses available, and there are quality operators in Minnesota who are actively looking for capital and partners,” he said.

For many panelists, Minnesota’s greatest opportunity lies in its support for craft cannabis and differentiated brands. “One of the strongest attributes of our program is the ability to build a craft business and tell a story that distinguishes your product from your neighbor’s,” said Chargo. “If you want to create a brand that tells a story, Minnesota is the market for you.”

Minnesota Legalizes Adult Use Cannabis: Part 2

By Abraham Finberg, Rachel Wright, Simon Menkes
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In Part 1, we examined the current status of adult use cannabis in Minnesota, paying particular attention to the licensing framework, taxation and social equity considerations. In this article, we’ll cover some important need-to-know info if you’re considering opening an adult use business in the “Land of 10,000 Lakes.”

Starting a Cannabis Business in Minnesota: Important Considerations

As the state does not expect to begin issuing licenses before the first quarter of 2025, now is the time to plan a licensing campaign. With a population of 5,714,000, 64% of which live in the Twin Cities of Minneapolis-Saint Paul, Minnesota is close in population to Colorado, with 5,774,000 residents. Colorado currently has around $1.8 billion in yearly retail cannabis sales. This may suggest a similar possible level of sales for Minnesota once its retail cannabis market matures.

In a recent op-ed piece for Marijuana Moment, the New York cannabis consulting firm of Bridge West Consulting suggested three reasons, in addition to low cannabis excise taxes and reasonable license fees, why entrepreneurs should consider investing in a retail cannabis business in Minnesota:

  • Minnesota legislation prohibits localities from banning cannabis businesses. This avoids serious problems that have plagued cannabis businesses in other states including California and Montana in which access for cannabis companies has been denied and, in Montana’s case, even reversed. (Minnesota’s new legislation does allow local governments to limit the number of cannabis retailers to one for every 12,500 residents, however.)
  • Minnesota has allocated funds to assist social equity cannabis businesses, including $6 million to the CanStartup which will fund non-profits to make loans to budding cannabis businesses.
  • Bridge West makes the interesting observation that Minnesota is bordered by four states—Wisconsin, Iowa, South Dakota and North Dakota—none of which have legalized adult use cannabis. Moreover, an estimated 1.9 million people live outside of Minnesota within a 50-mile radius. That means that not only will Minnesotans not have to compete with out-of-state cannabis dispensaries but will benefit from the purchases of out-of-state residents that live within a comfortable distance.

How a License Application is Scored

HF100 gives some guidance as to how the Office of Cannabis Management (OCM) will score license applications, awarding points for the following 9 categories: social equity status, veteran status, security and record keeping, employee training plan, business plan and financial situation, diversity plan, labor and employment practices, knowledge and experience and environmental plan.

The OCM may award additional points if the applicant would expand service to an underrepresented market. Points may also be awarded to those applicants who can demonstrate a negative impact from cannabis prohibition such as arrest or imprisonment of the applicant or their immediate family. This is different from social equity status and the law says points may be awarded to the applicants “in the same manner as points are awarded to social equity applicants.”

Emphasis on Market Stability; Prohibition of Vertical Integration

Minnesota is taking measures to ensure “market stability,” which it doesn’t specifically define, but which it says involves:

  1. Ensuring an adequate supply of cannabis, but not a glut.
  2. Eliminating the illicit cannabis market.
  3. Promoting a craft cannabis industry.
  4. Prioritizing growth and recovery in communities that have experienced a disproportionate, negative impact from cannabis prohibition.

HF100 states, “The office shall issue the necessary number of licenses in order to ensure the sufficient supply of cannabis flower and cannabinoid products to meet demand, provide market stability, and limit the sale of unregulated cannabis flower and cannabinoid products.”

Continuing its emphasis on “smaller is better,” HF100 says, “Unless the office determines that the issuance of bulk cultivator licenses is necessary to ensure a sufficient supply of cannabis flower and cannabinoid products, the office shall not issue a bulk cultivator license before July 1, 2028.”

Vertical integration is also prohibited. “The office shall not issue licenses to a single applicant that would result in the applicant being vertically integrated.” HF100 goes on to state that microbusinesses are exempted, and that if the OCM determines that vertical integration is necessary to ensure a sufficient supply of cannabis and cannabis products during the first year of such products being sold to customers, it may authorize one or more applicants to be vertically integrated. However, such a group of licenses are very temporary and will expire at the end of that first year period.

An entity holding a cannabis retailer license may also hold a delivery license, a medical retailer license and an event organizer license. But no retailer may hold any other license. Also, no entity may own or operate more than one retail business in one city or county.

Interestingly, Minnesota is also allowing cities or counties to own and operate a municipal cannabis store, possibly similar to the way Utah has government liquor stores which compete with private bars, breweries, wineries and distilleries.

In Summary

Minnesota is just beginning to define and establish its adult use cannabis market. Like other states before it, it is attempting to promote social equity aims at the same time as it’s working to avoid the serious problems of a competitive illegal market and an over-or-under supply of cannabis to its citizens.

With low license fees and excise taxes and a good-sized population, 420CPA believes cannabis entrepreneurs should seriously consider Minnesota for possible investment. The first cannabis retail businesses are not expected to open for another 18 months, so now is the time for businesspeople to lay the groundwork for their applications and future locations.

Minnesota Legalizes Adult Use Cannabis: Part 1

By Abraham Finberg, Rachel Wright, Simon Menkes
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Part 1: The Current Status of Legalization

Minnesota has long been known as the “Land of 10,000 Lakes” and boasts over 14,000 bodies of fresh water covering at least 10 acres. The Dakota Sioux word for water, “Minne”, appears in the word Minnesota (clear blue water) and many locations around the state, including Lake Minnetonka (big water), Minnehaha Falls (waterfall) and Minneapolis (water + the Greek word for city).

With all this emphasis on water, it’s no wonder Minnesota’s cannabis-lovers are wondering whether the state’s new adult use legislation will issue in a river of profits for both the state and its future adult-use cannabis businesses.

Overview

In May 2023, House Bill HF100 was passed by the legislature and signed into law by Governor Tim Walz on May 30, 2023, making Minnesota the 23rd state in the union to legalize adult use cannabis. Effective August 1, 2023, it will be legal to possess up to 2 pounds of flower (2 ounces in public), 8 grams of concentrate and 800 milligrams of infused edibles.

HF100 also established the Office of Cannabis Management (OCM), which will be responsible for overseeing the state’s adult-use program. Minnesota’s medical cannabis program, now under the auspices of the state’s Department of Health, will transition over to the OCM on March 1, 2025.

The OCM website makes clear that “the regulatory framework will take time to develop and will require input from communities throughout the state” and that “the legislation proposes that retail sales for adult use cannabis in Minnesota begin in the first quarter of 2025.”

Minnesota Licensing Framework

The legislation establishes sixteen licenses including ten adult use license types: microbusiness, mezzobusiness, cultivator, manufacturer, retailer, wholesaler, transporter, testing facility, event organizer and delivery service. There are also two hemp licenses and four medical cannabis licenses.

Adult use license fees are reasonable compared with other states with application fees from $500 to $10,000, initial license fees from $0 to $20,000 and annual renewal fees from $2,000 to $30,000.

The state also will give preference to social equity applicants and notes that “The legislation prioritizes applications for business licenses from people who live in low-income areas that have experienced a disproportionate impact from cannabis prohibition and for military veterans who lost honorable status due to a cannabis-related offense. Social equity includes people who were convicted of cannabis-related offenses before the effective date of the legislation.”

Taxation of Cannabis Sales

Tax on cannabis products will be limited to 10% in addition to the state sales tax of 6.875% and any local sales taxes which may already be in place. Local governments will not be allowed to collect an additional cannabis-specific tax. Additionally, medical cannabis sales will not be taxed at all. The combined adult-use cannabis excise tax of 16.875% gives Minnesota the fifth-lowest cannabis tax rate in the country, with only four other states—Michigan, Delaware, New Jersey and Maryland—offering marginally lower rates.

Cannabis tax revenue will be split 80% for the state’s general fund and 20% to local governments. These tax receipts will fund a wide range of programs including the Minnesota Department of Health’s prevention and education efforts (including for media campaigns), data collection and grants for local and Tribal public health departments to support education, technical assistance and outreach.

The Social Equity Factor

As with many other adult-use states, there is a strong social equity element in Minnesota’s legislation. The legislation calls for automatic expungement of low-level cannabis convictions and for creating a Cannabis Expungement Board, which will review felonies for expungement or resentencing.

The law also creates a Division of Social Equity within the OCM, which is charged with providing outreach and services to communities disproportionately affected by cannabis prohibition. HF100 states that “Status as a social equity applicant must account for at least 20 percent of the total available points.” This suggests a strong favoring of a social equity application but stops short of requiring a certain amount of social equity licenses be awarded at the beginning of the program, as has been the case in New York.

At this time, HF100 states that an individual qualifies as a social equity applicant if they’re:

  • a military veteran who lost honorable status due to a cannabis-related offense;
  • a resident for the last five years of [a] … neighborhood that experienced a disproportionately large amount of cannabis enforcement [as determined by the OCM]
  • a resident for the last five years of [a neighborhood] … where … the poverty rate was 20 percent or more; or … the median family income did not exceed 80 percent of statewide median family income.

To Recap

Minnesota just legalized adult-use cannabis with the passage of House Bill HF100 and is in the early stages of rolling out its program. The first adult-use sales aren’t expected to take place until the first quarter of 2025.

Just a cursory glance at the state’s adult-use cannabis program shows Minnesota is trying for a friendly, business-positive environment for new cannabis companies, especially considering its low excise tax and moderate licensing fees. As with most other adult-use states, the social equity factor will play an important part in the issuing of licenses and must be taken into consideration.

We at 420CPA encourage cannabis entrepreneurs to examine Minnesota as a potential location for their future cannabis business. To that end, our Part 2 will dive more deeply into Minnesota adult-use with these topics:

  • Important information for those looking to start a cannabis business in Montana
  • How license applications will be scored
  • Other valuable information with which to weigh your decision.

Minnesota adult-use cannabis presents an exciting opportunity for cannabis entrepreneurs. 420CPA will help make that decision as easy as possible!

Legend Technical Services Accredited for Hemp Testing

By Aaron G. Biros
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According to a press release issued last week, the American Association for Laboratory Accreditation (A2LA) accredited Legend Technical Services to ISO/IEC 17025:2005 for industrial hemp testing. Legend Technical Services, based in St. Paul, Minnesota, is currently the only accredited cannabis testing in the state.

The lab is now accredited for medical cannabis testing as well as all industrial hemp testing for the Minnesota Department of Agriculture. Trace McInturff, Vice President of Accreditation Services, says Legend Technical Services has been a customer of A2LA for ten years now. “As the only hemp testing laboratory recognized by the Minnesota Department of Agriculture, we are proud they have chosen to expand their A2LA accreditation to include hemp testing,” says McInturff. “We are also very proud to add yet another state to the ever-growing list of states that are relying upon A2LA as their accreditation body.”

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Biros' Blog

Should PA Revoke a Cannabis License For Their Parent Company’s Past?

By Aaron G. Biros
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Pennsylvania Medical Solutions, LLC (PAMS), won a license to grow medical cannabis in Pennsylvania, but some think the Pennsylvania Department of Health (PA DOH) should reconsider awarding that license. PAMS is a subsidiary of Vireo Health, which has medical cannabis licenses in New York and Minnesota, as well as quite the blemish on their business record. In December 2015, two former employees were accused of breaking state and federal laws by transporting cannabis oil from Minnesota to New York. Because of that history, some are questioning why exactly they were awarded the PA medical cannabis license.

A part of the PAMS application

In that school of thought is Chris Goldstein, a Philadelphia-based cannabis advocate and author of an article on Philly.com, which calls PAMS’ license into question. According to Goldstein, Vireo Health could lose their licenses in New York and Minnesota, and those former employees involved might even face federal prosecution. “On the surface it would seem that Vireo broke every rule in the book,” says Goldstein. “Not only could the company lose its permits in both of those states, but employees could face federal prosecution for interstate transport and distribution.” But does that previous wrongdoing by two former employees have any bearing on their application in PA? In Maryland, it did. According to The Baltimore Sun, concerns surrounding MaryMed’s parent company, Vireo Health, is the main reason why their permit to grow medical cannabis was revoked.

In response to some of those concerns about their PA license, Andrew Mangini, spokesman for Vireo Health, issued the following statement, which appeared in Goldstein’s article: “While we’re aware of allegations against two former employees of an affiliate, those individuals have never had a role in our application or in the management of PAMS,” says Mangini. “It’s also important to note that our Minnesota affiliate and our parent company Vireo Health have not been accused of any wrongdoing in connection with those allegations.”

Below is a timeline of events leading up to the PA DOH defending their decision to give PAMS a license:

  • December 2015: Two former employees of Minnesota Medical Solutions, a subsidiary of Vireo Health, transported a half-million dollars worth of cannabis oil from Minnesota to New York, violating state and federal laws.
  • February 9th, 2017: The two former employees were formally charged with crimes in Minnesota for illegally transporting cannabis across state lines.
  • February 20th-March 20th, 2017: PAMS submitted a license application to the PA DOH between these dates, listing their business state as Minnesota on the application.
  • May 2017: Maryland DOH suspended the licenses of MaryMed LLC, a subsidiary of Vireo Health, over concerns that the company did not provide information related to the Minnesota and New York licenses on their application, according to the Washington Post.
  • June 20th, 2017: PA DOH releases a list of license winners; PAMS was listed among winners for a cultivation license in Scranton.
  • June 26th, 2017: PA DOH officials defend their decision to award PAMS a license, according to a Philly.com article. That same day, The Baltimore Sun reported the Maryland Medical Cannabis Commission revoked MaryMed, LLC their license, citing concerns about Vireo Health.

April Hutcheson, spokeswoman for the PA DOH, told Philly.com in June, “Remember, the permits are given to business entities, not people.” The point she is making refers to the charges being filed against former employees, not any of the businesses who hold medical cannabis licenses.

Steve Schain, Esq. practicing at the Hoban law Group

Steve Schain, Esq., an attorney with Hoban Law Group in Pennsylvania, has seen no objective evidence of anything wrongful in either PAMS’ application or the DOH’s processing of it. “Marijuana related businesses often have distinct, affiliated components and the Department of Health faces two critical issues,” says Schain.

“First, whether grow applicant PA Medical Solutions, LLC (PAMS) had a duty to disclose alleged wrongdoing on its application, failed to fulfill this duty and, if so, whether PAMS’ application should be amended, re-scored or disqualified. Second, as part of its ongoing license reporting requirements, whether grow licensee PAMS has any duty to disclose the alleged wrongdoing. The answer to much of this hinges on whether criminal or administrative charges were leveled against just Vireo Health’s former employees or also included the entity and whether these individuals or enterprise fell within Pennsylvania Medical Marijuana Organization Permit Application definition of an “Applicant” (“individual or business applying for the permit”) or applicant’s “Principals, Financial Backers, Operators or Employees” of PAMS. Either way, it does not presently appear that the [PA] DOH missed anything.”

The list of permit winners in PA

This does raise the question of whether or not Vireo Health is under investigation, which is yet to be determined. According to Goldstein in his Philly.com article, the Minnesota DOH declined to comment on Vireo Health and the New York DOH says the department’s investigation is ongoing. “The selection of a Vireo Health affiliate to grow and process medical cannabis in Pennsylvania has cast a serious shadow over the integrity of the program even before it has started,” says Goldstein.

In Maryland, the DOH revoked their license as a direct result of those former employees in Minnesota committing crimes, according to The Baltimore Sun. Commissioner Eric Sterling said there is “a reasonable likelihood of diversion of medical cannabis by the applicant.” So should Pennsylvania do the same? Do those crimes by former employees have any bearing on their application? This story raises a number of questions regarding applications for state licenses that are largely left unanswered. One thing we know for certain: each state handles applications very differently.