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Marijuana in a Motor Vehicle and Minnesota Open Package Cannabis Violations

Facing a Cannabis or THC Transportation Charge? We Can Help.
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Minnesota’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. 

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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. 

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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: 

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.

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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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Suite 220
Eagan, MN 55121

(651) 994-6744

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Directions to Sieben Edmunds Miller

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Directions from Burnsville

Burnsville Marijuana in a Motor Vehicle Attorneys

Are you looking for a Marijuana in a Motor Vehicle attorney in Burnsville, Minnesota? Sieben Edmunds Miller serves clients in Burnsville facing Marijuana in a Motor Vehicle charges. If you’re a resident of Burnsville, Minnesota, our experienced criminal defense attorneys are here to advocate for you. Our firm specifically focuses on Marijuana in a Motor Vehicle cases. Directions to our office from Burnsville:
15 min (9.3 miles) via State Hwy 13 N | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in Burnsville, Minnesota

  • Head north on Nicollet Ave toward E 130th St (0.6 mi)
  • Turn right onto State Hwy 13 N/Hwy 13 E
  • Continue to follow State Hwy 13 N (7.1 mi)
  • Turn right onto Lone Oak Rd (0.8 mi)
  • Turn left onto Pilot Knob Rd (0.7 mi
  • Turn left onto Corporate Center Dr (400 ft)
  • Corporate Center Dr turns slightly right and becomes Eagan Woods Dr (171 ft)
  • Turn right(Sieben Edmunds Miller, PLLC will be on the left)

Directions from Bloomington

Bloomington Marijuana in a Motor Vehicle Attorneys

Sieben Edmunds Miller represents people facing Marijuana in a Motor Vehicle charges in Bloomington, Minnesota. Our experienced attorneys serve clients in Bloomington and the surrounding metro area. We know this is a difficult time, but our team is here to advocate for you when Marijuana in a Motor Vehicle charges arise. Our team of lawyers focus specifically on Marijuana in a Motor Vehicle cases. Directions to our office from Bloomington:
10 min via I-494 E | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorneys in Bloomington, Minnesota

  • Take I-494 E to Pilot Knob Rd in Eagan. Take exit 71 from I-494 E (8.1 mi)
  • Continue on Pilot Knob Rd to your destination (0.3 mi)
  • Turn right (Sieben Edmunds Miller, PLLC will be on the left)

Directions from Minneapolis

Minneapolis Marijuana in a Motor Vehicle Attorneys

At Sieben Edmunds Miller, we know Marijuana in a Motor Vehicle charges are extremely serious. Our Minneapolis Marijuana in a Motor Vehicle lawyers have years of experience representing Minnesotans when unforeseen events occur. Criminal charges like Marijuana in a Motor Vehicle are common in Minnesota, so make sure you have strong advocates in your corner. Our Minneapolis Marijuana in a Motor Vehicle attorneys are here to help. Directions to our office from Minneapolis:
18 min via I-35W S and MN-62 E | Fastest route now, the usual traffic

Marijuana in a Motor Vehicle Attorney in Minneapolis, Minnesota

  • Get on MN-65 S (0.8 mi)
  • Take I-35W S and MN-62 E to State Hwy 13 S in Mendota Heights (11.8 mi)
  • Take Pilot Knob Rd to your destination in Eagan (1.4 mi)

Directions from Woodbury

Woodbury Marijuana in a Motor Vehicle Attorneys

Do you need an experienced Woodbury Marijuana in a Motor Vehicle attorney? The criminal defense lawyers at Sieben Edmunds Miller have represented Woodbury residents in the aftermath of criminal Marijuana in a Motor Vehicle charges for years. When the unexpected occurs, you can rely on our Woodbury Marijuana in a Motor Vehicle attorneys for their legal advocacy. Directions to our office from Woodbury

16 min via I-494 S | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in Woodbury, Minnesota

  • Get on I-494 S (0.8 mi)
  • Follow I-494 S to Pilot Knob Rd in Mendota Heights. Take exit 71 from I-494 W (12.0 mi)
  • Continue on Pilot Knob Rd to your destination in Eagan (0.5 mi)

Directions from Eagan

Eagan Marijuana in a Motor Vehicle Attorneys

If you’re looking for legal representation for an Eagan Marijuana in a Motor Vehicle charge, look no further. The experienced Eagan Marijuana in a Motor Vehicle attorneys at Sieben Edmunds Miller are here to help you through this difficult situation. When the unexpected occurs, our team is here to advocate for you. In Eagan, Minnesota, criminal Marijuana in a Motor Vehicle charges are very serious. Directions to our office from Eagan:
7 min via Pilot Knob Rd | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in Eagan, Minnesota

  • Head north on Pilot Knob Rd toward Diffley Rd (3.7 mi)
  • Turn left onto Corporate Center Dr (400 ft)
  • Corporate Center Dr turns slightly right and becomes Eagan Woods Dr (171 ft)
  • Turn right (Sieben Edmunds Miller, PLLC will be on the left)

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Directions from Mendota Heights

Mendota Heights Marijuana in a Motor Vehicle Attorneys

The attorneys at Sieben Edmunds Miller are experienced Marijuana in a Motor Vehicle lawyers in Mendota Heights, Minnesota. We are here to guide you through the legal system when unexpected Marijuana in a Motor Vehicle charges occur for Mendota Heights residents. If you need a Mendota Heights Marijuana in a Motor Vehicle attorney, we’re here to help. Directions to our Mendota Heights office:
7 min (2.9 miles) via MN-62 W

Marijuana in a Motor Vehicle Attorney in Mendota Heights, Minnesota

  • Get on I-35E S (0.7 mi)
  • Continue on I-35E S. Take Exit 99B to Pilot Knob Rd. Take exit 71 from I-494 W (2.2 mi)
  • Continue on Pilot Knob Rd to your destination in Eagan (0.5 mi)
  • Sieben Edmunds Miller PLLC will be on the right

Directions from St. Paul

St. Paul Marijuana in a Motor Vehicle Attorneys

Sieben Edmunds Miller helps residents of St. Paul who are facing Marijuana in a Motor Vehicle charges. You can trust our experienced criminal defense attorneys to advocate for you when the unexpected occurs. We know you weren’t planning on this, so our team of St. Paul Marijuana in a Motor Vehicle attorneys are here for you. Make sure you have a lawyer who knows the intricacies of St. Paul Marijuana in a Motor Vehicle law. Directions to our office from St. Paul:
14 min via US-52 S and I-494 W | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in St. Paul, Minnesota

  • Take US-52 S and I-494 W to Pilot Knob Rd in Mendota Heights. Take exit 71 from I-494 W (11.7 mi)
  • Continue on Pilot Knob Rd to your destination in Eagan (0.5 mi)

Directions from Hastings

Hastings Marijuana in a Motor Vehicle Attorneys

Sieben Edmunds Miller is a strong advocate for people facing Marijuana in a Motor Vehicle charges in Hastings, Minnesota. Our experienced Marijuana in a Motor Vehicle attorneys represent clients in Hastings and the Southeastern Metro. When criminal Marijuana in a Motor Vehicle charges arise, our team is here for you. For years, our criminal defense lawyers have represented clients in Hastings facing Marijuana in a Motor Vehicle charges. Directions to our office from Hastings:
27 min (20.8 miles) via Hwy 55 W | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in Hastings, Minnesota

  • Take Vermillion St to US-61 N/Hastings Rd S (0.4 mi)
  • Follow US-61 N and I-494 W to Pilot Knob Rd in Mendota Heights. Take exit 71 from I-494 W (21.9 mi)
  • Continue on Pilot Knob Rd to your destination in Eagan (0.5 mi)

Directions from Hudson

Hudson Marijuana in a Motor Vehicle Attorneys

At Sieben Edmunds Miller, we help people facing Marijuana in a Motor Vehicle charges in Hudson, Wisconsin. Our Hudson Marijuana in a Motor Vehicle attorneys will advocate for you when the unanticipated occurs. We understand the complexities surrounding Marijuana in a Motor Vehicle charges and will work with you to help advocate for a favorable outcome. Directions to our criminal defense office from Hudson:
via I-94 W and I-494 S | Fastest route now, the usual traffic

Marijuana in a Motor Vehicle Attorney in Hudson, Wisconsin

  • Get on I-94 W/US-12 W from 1st St and 2nd St S/I-94 ALT (1.1 mi)
  • Follow I-94 W/US-12 W and I-494 S to Pilot Knob Rd in Mendota Heights. Take exit 71 from I-494 W (24.1 mi)
  • Continue on Pilot Knob Rd to your destination in Eagan (0.5 mi)

Directions from River Falls

River Falls Marijuana in a Motor Vehicle Attorneys

Are you searching for a Marijuana in a Motor Vehicle attorney in River Falls, Wisconsin? If so, Sieben Edmunds Miller is here to help you. Our experienced criminal defense team of Marijuana in a Motor Vehicle lawyers help people in River Falls who are facing Marijuana in a Motor Vehicle charges. Directions to our criminal defense office from River Falls:
37 min via I-94 W and I-494 S | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in River Falls, Wisconsin

  • Get on WI-35 N in St. Croix County from N Main St (1.7 mi)
  • Follow WI-35 N, I-94 W/US-12 W and I-494 S to Pilot Knob Rd in Mendota Heights. Take exit 71 from I-494 W (34.0 mi)
  • Continue on Pilot Knob Rd to your destination in Eagan (0.5 mi)

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Directions from Hennepin County

Hennepin County Marijuana in a Motor Vehicle Attorneys

If you or a loved one are facing Marijuana in a Motor Vehicle charges in Hennepin County, Minnesota, contact the criminal defense lawyers at Sieben Edmunds Miller. Our Hennepin County Marijuana in a Motor Vehicle attorneys are here to advocate for you when the unexpected occurs. If you’re a resident of Hennepin county searching for a Marijuana in a Motor Vehicle attorney- our team is here to help. Directions to our office from Hennepin County:
28 min via I-494 S | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in Hennepin County, Minnesota

  • Get on US-12 E in Wayzata (3.6 mi)
  • Take I-494 S to Pilot Knob Rd in Eagan. Take exit 71 from I-494 E (22.6 mi)
  • Continue on Pilot Knob Rd to your destination (0.3 mi)

Directions from Ramsey County

Ramsey County Marijuana in a Motor Vehicle Attorneys

In Ramsey County, Marijuana in a Motor Vehicle charges are more common than you might think. If you or a loved one are facing Marijuana in a Motor Vehicle charges in Ramsey County, you should contact the criminal defense attorneys at Sieben Edmunds Miller. Our experienced lawyers focus specifically on Ramsey County Marijuana in a Motor Vehicle cases. Directions to our office from Ramsey County:
21 min via I-35E S | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in Ramsey County, Minnesota

  • Get on I-35E S in Saint Paul from Frost Ave and Larpenteur Ave E (2.9 mi)
  • Continue on I-35E S to Mendota Heights. Take exit 71 from I-494 W (11.2 mi)
  • Continue on Pilot Knob Rd to your destination in Eagan (0.5 mi)

Directions from Dakota County

Dakota County Marijuana in a Motor Vehicle Attorneys

In Dakota County, Minnesota, Marijuana in a Motor Vehicle cases are relatively common. When the unexpected happens, you can rely on the Dakota County Marijuana in a Motor Vehicle attorneys at Sieben Edmunds Miller to see you through the process and help advocate for a favorable outcome. People facing Marijuana in a Motor Vehicle charges in Dakota County need experienced criminal defense lawyers. Directions to our office from Dakota County:
15 min via Pilot Knob Rd | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in Dakota County, Minnesota

  • Head east on 150th St W (98 ft)
  • Turn left onto Pilot Knob Rd (9.0 mi)
  • Turn left onto Corporate Center Dr (400 ft)
  • Corporate Center Dr turns slightly right and becomes Eagan Woods Dr (171 ft)
  • Turn right(Sieben Edmunds Miller, PLLC will be on the left)

Directions from Washington County

Washington County Marijuana in a Motor Vehicle Attorneys

If you’re searching for a Washington County Marijuana in a Motor Vehicle attorney, the criminal defense lawyers at Sieben Edmunds Miller are here to help. Our team of experienced Marijuana in a Motor Vehicle attorneys have been serving Washington County for many years. We understand the complex area of Marijuana in a Motor Vehicle law. Directions to our office from Washington County:
22 min via Bailey Rd and I-494 W | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in Washington County, Minnesota

  • Take Bailey Rd and I-494 W to Corporate Center Dr in Eagan (16.9 mi)
  • Continue on Corporate Center Dr to your destination (0.1 mi)

Directions from Scott County

Scott County Marijuana in a Motor Vehicle Attorneys

Residents of Scott County, Minnesota need strong representation when facing Marijuana in a Motor Vehicle charges. The Marijuana in a Motor Vehicle attorneys at Sieben Edmunds Miller are here to help. Our experienced Marijuana in a Motor Vehicle lawyers understand the intricacies of Marijuana in a Motor Vehicle law in Scott County. Directions to our criminal defense office from Scott County:
35min via US-169 N and I-494 E | Fastest route, the usual traffic

Marijuana in a Motor Vehicle Attorney in Scott County, Minnesota

  • Get on US-169 N in Shakopee from Marystown Rd (7.5 mi)
  • Follow US-169 N and I-494 E to Pilot Knob Rd in Eagan. Take exit 71 from I-494 E (22.7 mi)
  • Continue on Pilot Knob Rd to your destination (0.3 mi)