As part of the recent Minnesota legislative session, a change was made to the statute that includes the prohibition on use of cannabis in multifamily buildings. Originally, the law that prohibits use of cannabinoid products (excluding use for medicinal purposes) in multifamily buildings was scheduled to take effect March 1, 2025. However, in what was likely an oversight, a minor change in a different subdivision of Minnesota Statutes Section 342.56 also changed the effective date of the provision regarding use of cannabinoid products in multifamily buildings from March 1, 2025, to July 1, 2024.
Therefore, the following statute took effect July 1, 2024, rather than the planned March 1, 2025:
Minnesota Statute 342.56, subdivision 1
- b) Except for the use of medical cannabis flower or medical cannabinoid products, the vaporizing or smoking of cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived consumer products is prohibited in a multifamily housing building, including balconies and patios appurtenant thereto. A violation of this paragraph is punishable through a civil administrative fine in an amount of $250.
Industry professionals had hoped that the delayed effective date would give the legislature the opportunity to clarify what constitutes a “multifamily housing building.” Unfortunately, we must continue to hope that clarification comes in the next session – and, until then, use our best judgment in enforcing the change.
For further information on the change and what it means for your association, please contact any of Hellmuth & Johnson’s HOA law attorneys.
