Marijuana in a Motor Vehicle and Minnesota Open Package Cannabis Violations
Facing a Cannabis or THC Transportation Charge? We Can Help. Get a free case evaluationMinnesota’s Cannabis Laws Are Changing — But THC in a Motor Vehicle Is Still Strictly Regulated
Minnesota legalized adult-use cannabis in 2023 and previously legalized hemp-derived THC edibles and beverages. The state also continues to operate a medical cannabis program for registered patients.
But legalization does not mean cannabis or THC products can be kept anywhere inside your vehicle.
Under Minnesota’s open package marijuana law (Minn. Stat. § 169A.36, subd. 3), it is a misdemeanor offense to have cannabis or THC products in the passenger area of a motor vehicle while on a street or highway if the product is:
- In opened packaging
- In packaging with a broken seal
- Removed from its original packaging
- In non-compliant packaging (not meeting Minnesota’s cannabis packaging requirements)
Whether THC comes from hemp or cannabis does not matter — for transportation purposes, Minnesota treats them the same.
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This law applies equally to:
- Marijuana (cannabis flower)
- Concentrates and vape oils
- Edibles and THC beverages
- Hemp-derived THC products
- Medical cannabis products
Many people charged with this offense are unaware of the new rules or mistakenly believe that legal cannabis can be stored anywhere in the car. Unfortunately, these misunderstandings often lead to criminal charges.
What Does “Marijuana in a Motor Vehicle” Mean Under Minnesota’s Updated Law?
Previously:
Minnesota used the old 1.4-gram rule, where more than 1.4 grams in the passenger area triggered a misdemeanor.
Now:
The law has shifted to an “open package” model, similar to alcohol’s open container law — but broader.
You may legally possess the full amount allowed by law (2 ounces of flower, 8 grams of concentrate, etc.)… but only if it is stored properly.
It is illegal to transport opened, unsealed, repackaged, or accessible THC products in the passenger area of your vehicle.
What Counts as the Passenger Area of a Vehicle?
Minnesota defines the passenger area very broadly. It includes:
- Driver and passenger seats
- Floor areas
- Center console
- Glove compartment
- Cupholders
- Utility compartments
- Purses, backpacks, or bags within reach
- Any area “normally occupied by passengers”
If a THC product is within reach of anyone inside the vehicle cabin, the statute applies.
Where Cannabis and THC Products May Be Legally Stored
- The trunk
- A locked container inside the trunk
- A rear cargo area that is not accessible from the passenger seats
Open, partially used, or repackaged cannabis or THC products are lawful only when kept in these non-accessible areas.
Does This Law Apply to Medical Cannabis?
Yes. Medical cannabis patients must follow these same transportation rules.
This means:
- Medical cannabis must remain in its sealed, original dispensary packaging, OR
- It must be stored in the trunk or a non-passenger area
Medical cannabis in a purse, glove compartment, center console, or cupholder — when opened or partially used — can result in a misdemeanor.
Patient status does not exempt anyone from the open package law.
Does This Law Apply to Hemp-Derived THC Products?
Yes. Minnesota treats hemp-derived THC the same as cannabis-derived THC for vehicle transportation.
These items must also be:
- Sealed, OR
- Kept in the trunk
This includes:
- THC drinks
- THC edibles (5 mg, 10 mg, 25 mg, etc.)
- Hemp-derived vapes
- THC tinctures
Hemp-derived products sold at liquor stores, smoke shops, and THC retailers are fully subject to the open package law.
Penalties for Marijuana/THC in a Motor Vehicle in Minnesota
A conviction for an open package violation can include:
Criminal Consequences
- Misdemeanor conviction
- Up to 90 days in jail
- Up to $1,000 fine
- Criminal record
Collateral Consequences
- Insurance premium increases
- Employment and background check complications
- Possible issues with licensing or professional certifications
- Immigration concerns in certain cases
Even if the cannabis was legally purchased, storage in the wrong location may still lead to criminal charges.
How Marijuana in a Motor Vehicle Differs from a Cannabis DWI
These two charges are often confused, but they are very different.
Cannabis / THC Open Package Violation
- Based on storage, not impairment
- Applies even if the driver is completely sober
- Treated as a misdemeanor
- Applies equally to recreational, medical, and hemp THC products
Cannabis DWI
- Requires impairment
- Evaluated through Drug Recognition Evaluator process, Standardized Field Sobriety Tests, and chemical testing
- Same penalties as alcohol DWIs
- Medical cannabis patients can still be charged if impaired
If your citation occurred during a stop involving impairment observations, you may also face a Cannabis DWI charge.
Learn more here → Cannabis DWI Attorneys in Minnesota
Fighting Marijuana and THC Transportation Charges in Minnesota
Our defense team evaluates every detail, including:
- Illegal traffic stop. The officer must have reasonable suspicion to stop your vehicle.
- Unlawful vehicle search. Officers often search areas they are not legally permitted to inspect.
- The THC product was stored legally. If it was in the trunk or non-passenger area, the charge may not apply.
- Packaging was compliant. Police frequently misinterpret medical or hemp-derived packaging.
- Ownership and knowledge. The state must prove you knowingly possessed or allowed the product to remain in the passenger area.
- Misapplication of “passenger area.” SUVs, trucks, and hatchbacks often cause confusion — beneficial to the defense.
Our attorneys know how to challenge these elements and work toward dismissal or reduction.
Criminal Penalties for Marijuana Possession in Minnesota (Beyond the Open Package Law)
Although the open package law replaced the old in-vehicle possession rule, Minnesota still enforces possession limits:
Legal under adult-use law:
- Up to 2 ounces of flower in public
- Up to 2 pounds of flower at home
- Up to 8 grams of concentrates
- Edibles within regulatory limits
Possession over legal limits may result in:
- Petty misdemeanor
- Misdemeanor
- Gross misdemeanor
- Felony charges (1st–5th degree)
Transporting large quantities — even correctly stored — may still lead to separate possession charges.
If You’re Facing a Marijuana in a Motor Vehicle Charge, We Can Help
A Marijuana in a Motor Vehicle charge is more than a simple citation—it can impact your record, insurance, and future opportunities. Our attorneys stay on top of Minnesota’s cannabis regulations and know how to defend clients charged under the open package law.
Reach out at (651) 994-6744 or complete our online form for a confidential case evaluation.
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We are here to help. Let us evaluate your case for you. Free of charge – no obligation.
Minnesota THC & Marijuana in a Motor Vehicle FAQs
Sieben Edmunds Miller
Is cannabis legal to carry in my car in Minnesota?
Yes — but only if it is properly packaged or kept in the trunk.
Does the open package law apply to medical cannabis?
Yes. Medical cannabis must be properly packaged or stored in the trunk.
Does the open package law apply to hemp-derived THC edibles and drinks?
Yes. Hemp THC products are treated exactly the same as cannabis.
Can THC edibles stay in my purse or bag?
Only if sealed. Opened edibles must be kept in the trunk.
Sieben Edmunds Miller
Is the glove compartment considered the passenger area?
Yes. Both the glove compartment and utility compartments qualify as the passenger area of a vehicle, meaning opened cannabis container should not be stored in these areas.
What if the cannabis was purchased legally?
It must still be transported in sealed packaging or kept in the trunk.
Do I need to be impaired to get this charge?
No. This is a storage violation, not an impairment charge.
How is a Cannabis Open Container Violation different from a Cannabis DWI?
An open package violation is based solely on how cannabis or THC products are stored in a vehicle, while a Cannabis DWI focuses on whether the driver was impaired.
If you’re facing a Marijuana in a Motor Vehicle charge, you can trust the experienced Minnesota lawyers at Sieben Edmunds Miller to advocate for you. We proudly serve the cities of Burnsville, Bloomington, Minneapolis, Woodbury, Eagan, Mendota Heights, St. Paul, Hastings, Hudson, and River Falls in Marijuana in Motor Vehicle cases. We also serve surrounding cities in Dakota County and throughout Minnesota and Wisconsin.
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