Can You Drive After Consuming Legal Cannabis Products In MN?

TWIN CITIES, MN — Since July 1, Minnesotans who are 21 and older can legally purchase THC-laced edibles and beverages. THC is the active ingredient in marijuana.

The new products can contain up to 5 milligrams of THC per serving and 50 milligrams per package under the new law, which was part of an omnibus bill signed by Gov. Tim Walz in June.

But what about driving a vehicle after consuming a THC-infused product? Is it legal?

It's not entirely clear, yet.

Under Minnesota law, operating a motor vehicle while under the influence remains illegal, whether the driver is impaired from legal THC or alcohol.

And law enforcement can request a search warrant to get a blood draw from anyone operating a motor vehicle — including snowmobiles and boats — who is involved in a serious crash, or if an officer simply suspects that the driver is impaired.

Not only are blood tests unable to determine whether the THC came from a legal or illegal substance, THC can remain in a person’s system for weeks," reads a joint news release from Rice County Attorney John Fossum and Rice County Sheriff Jesse Thomas.

They add that "unlike a blood alcohol level, which is considered impairing at .08 and drops over just a few hours, there is no 'legal limit' for THC, which is present in the blood well after the effect has worn off." It will be up to each officer to determine whether someone is impaired by THC or not before making an arrest.

In their statement, Fossum and Thomas lament the "political maneuvering" required to pass the THC bill, which they said was "deliberately kept it under the radar, catching some of their colleagues, as well as law enforcement and prosecutors, unawares."

Indeed, the legalization of some THC products reportedly came as a shock to at least one Republican lawmaker who voted in favor of the legislation.

In July, Minnesota Democrats admitted they kept the bill on the down-low so that it would pass through the Republican-controlled state Senate.

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