As August 1, 2023, the date recreational cannabis is legal in Minnesota, rapidly approaches, many in the industry are wondering where consumers are going to get product. Even as legislators work quickly to staff the newly created Minnesota Office of Cannabis Management, retail recreational sales are still several months away. So although the newly enacted Minnesota law allows for individuals to grow up to eight plants and possess up to two pounds of cannabis (both extremely high limits compared to other states), there remains a void for those consumers who are not inclined to grow their own product or purchase from the legacy market. Recent comments from Governor Walz indicate that he hopes tribal entities will fill that initial void. He recently told Minnesota Fox 9 that he “toured the facility up in White Earth. It is a world-class operation,” and “they have thought deeply about this.” He endorsed the idea of tribal cannabis sales and stated that his “hope is to see them thrive in this industry.”
The legislation he signed last month supports that sentiment. The law says that the state “acknowledges the sovereign right of Minnesota Tribal governments to regulate the cannabis industry and address other matters of cannabis regulation related to the internal affairs of Minnesota Tribal governments or otherwise within their jurisdiction, without regard to whether such Tribal government has entered a compact.” The law goes on to say that “Indian Tribes are not required to enter into compacts pursuant to this section in order to: regulate the cannabis industry, or engage in cannabis businesses or activities on Tribally regulated lands; or participate as a licensee in the state’s legal cannabis market.”
Our cannabis team is excited about the opportunity that Minnesota brings for both existing operators and those looking to break into the cannabis industry. We are following Minnesota closely and are prepared to assist our clients in obtaining new licenses in the Land of 10,000 Lakes. Be sure to continue to follow our blog for updates and please reach out to the author (David Standa, david.standa@gmlaw.com) to discuss opportunities in Minnesota.
