A week after GOP leaders sent letters asking for a special session to address their concerns, Gov. Walz chastises their actions during his weekly press briefing.
Even though Minnesota's new law legalizing adult-use marijuana went into effect more than a week ago, some State House Republican lawmakers are still taking the historic measure to task. Last Monday, Minnesota Republican lawmakers sent a letter to Gov. Tim Walz (D), Senate Majority Leader Kari Dziedzic (D) and House Speaker Melissa Hortman (D) asking them to convene a "narrowly tailored special session" to address what they view as unintended consequences of the new marijuana legalization law.
The law, which went into effect on August 1, allows for the following:
- Minnesotans 21 and older can legally possess up to two ounces of cannabis in public and up to two pounds in their residences. Likewise, they can cultivate up to eight plants at home, four of which can be mature.
- Licenses for retail dispensaries to begin regulated sales will be issued in the next 12-18 months.
- Beginning March 1, 2025, current medical marijuana companies can receive new combination licenses allowing them to participate in the adult-use market.
- Individuals with certain cannabis misdemeanor offenses on their records will have them automatically expunged beginning in August. The Bureau of Criminal Apprehension will be in charge of identifying those people eligible for relief from the courts.
- Along with establishing a system of licensed marijuana businesses, counties and municipalities will be allowed to own and operate government dispensaries.
- A 10% gross receipts tax on cannabis sales will be applied in addition to the standard 6.875% state sales tax.
- 80% of that taxed revenue will go to the state’s general fund, with the remaining 20% going to local governments.
- Local municipalities cannot prohibit cannabis businesses from operating in their areas. However, they will be empowered to set “reasonable” regulations concerning the time of operation and location.
- A new Office of Cannabis Management (OCM) will be established. Its primary responsibilities will include issuing cannabis business licenses and regulating the market.
- The OCM will have a Division for Social Equity designated to promote social equity by ensuring diversity in licensing by scoring equity applicants higher.
The primary issue causing much of the political furor surrounds rules for underage possession of marijuana. One excerpt from the letter states, "Legal consequences are a significant and important deterrent from youth addiction and can help avoid more grave issues later in life. This legislation deliberately took away an important tool for parents, law enforcement, and local communities to keep kids from harming themselves or others."
On Tuesday, Gov. Walz gave his terse and direct response to those lawmakers seeking a "special session" to address these concerns. According to multiple media outlets, Walz said during his regularly scheduled press briefing, "My feelings are really strong about this. First of all, the folks putting out misinformation concerning the cannabis bill just need to stop this. Cannabis was not legal for minors before the law changed. It's not legal now."
"My feelings are really strong about this. First of all, the folks putting out misinformation concerning the cannabis bill just need to stop this. Cannabis was not legal for minors before the law changed. It's not legal now."
- Minnesota Governor Tim Walz (D)
The intentions of the sponsors have also been called into question by Republican lawmakers. As one reporter pointed out during the governor's remarks, it was the intent of the measure's sponsors to remove criminal penalties for youth possession of cannabis. However, the violation remains on the books, meaning that individuals under 21 can still face charges for a petty misdemeanor for unlawfully carrying marijuana in their possession.
In response, Gov. Walz reiterated that point by saying, "It didn't get into the law, and it's not the one we signed, so the intent of the authors will always be there, [but] the interpretation and the operationalizing this will be with our agencies, and there is no intention of taking that away from minors. It's simply illegal."
He also emphasized the ongoing process of tweaking the law that lawmakers will continue to carry out for years. Comparing the new cannabis law to the state's century-plus-old alcohol laws, Walz commented, "Like any piece of legislation, will there be things that will be changed? My god, we're changing the alcohol laws 120 years after the fact. We're still debating on upgrading and modernizing that. I think that you should have an expectation there'll be tweaks. Every other state that's done that has gone through those same permutations."
"Like any piece of legislation, will there be things that will be changed? My god, we're changing the alcohol laws 120 years after the fact. We're still debating on upgrading and modernizing that. I think that you should have an expectation there'll be tweaks. Every other state that's done that has gone through those same permutations."
- Minnesota Governor Tim Walz (D)
The governor also fielded questions on the other issue raised by Republicans concerning public cannabis consumption rules. He responded by pointing out that the statute allows for "individual and local jurisdictions" to prohibit smoking marijuana in public, much like consuming alcohol from open containers in public is banned by many municipalities. However, he also said the law does not explicitly outlaw consuming cannabis products in public.
The overall tone of the briefing was mainly frustration and irritation on the governor's part. A staunch advocate for legalization, particularly from a social equity stance, Walz chastised the group of Republicans who sent the letters asking for the special session for spreading false information about the law and attempting to rile up the voting public over nothing.
It is important to note that since the law went into effect on August 1, two retail dispensaries opened on the Red Lake and White Earth reservations, respectively, to long lines and much excitement from Minnesotans eager to purchase cannabis products legally for the first time in the state's history.
Legitimate concerns and healthy debate are pillars of the American political process. However, once a law is passed and implemented, it is the responsibility of lawmakers to enforce that law, not to undercut it and attempt to inhibit the ultimate will of the people.
