THC in Vehicles: The Cannabis Charge Many Minnesotans Don’t Expect
When Minnesota legalized recreational cannabis in 2023, many people expected cannabis-related criminal cases to largely disappear. In many ways, that has been true. Arrests for possession have dropped significantly.
But another type of cannabis charge has quietly increased.
A recent investigation by the Minnesota Reformer found that prosecutors have filed thousands of cases tied not to impaired driving or illegal possession, but to how cannabis and THC products are stored inside vehicles. Since legalization, more than 3,500 charges have been filed for improper cannabis storage. Over 1,200 of those cases resulted in misdemeanor convictions. Nearly 500 additional charges involved using cannabis in a vehicle.
Most of these cases are based on Minnesota’s open cannabis package law, a rule many drivers do not know exists. The law applies not only to cannabis flower, but also to hemp-derived THC products, including beverages and edibles that are legally sold throughout the state.
At Sieben Edmunds Miller, we regularly help people charged under these laws. Below is what Minnesota drivers need to understand, along with why many attorneys and policymakers are raising concerns about how the law is being enforced.
Minnesota’s Open Cannabis Package Law Applies to All THC Products
Under Minnesota law, any product containing THC must be transported in a specific way once it has been opened or if the packaging seal is no longer intact.
Unless the product is factory sealed, properly labeled, and tamper-evident, it must be stored either in the trunk or in the farthest rear cargo area of the vehicle. This includes SUVs and hatchbacks.
If an officer believes the packaging has been opened or compromised and the product is located anywhere in the passenger area, the driver can be charged with a misdemeanor.
This law applies to all THC products, including:
- Cannabis flower and pre-rolls
- Vape cartridges
- Concentrates and oils
- Edibles
- THC beverages such as seltzers and tonics
- Hemp-derived THC products legalized under federal and Minnesota law
A THC drink purchased legally at a brewery, liquor store, or restaurant is treated the same as cannabis purchased from a dispensary once it is opened or improperly sealed.
What the Minnesota Reformer Found About Enforcement
In December 2025, Minnesota Reformer journalist Max Nesterak published an investigation examining how Minnesota’s open cannabis package law is being enforced across the state. The findings highlight widespread confusion and uneven enforcement.
Thousands of Charges with No Allegation of Impairment
According to the investigation, more than 3,500 charges have been filed since legalization for improper cannabis storage in vehicles. Many of these cases involved no signs of impaired driving. The charge was based solely on a visible THC product inside the passenger compartment.
Over 1,200 Misdemeanor Convictions
More than 1,200 drivers have been convicted under the open-package law. While most received fines rather than jail time, each conviction resulted in a criminal record. These convictions are not automatically expunged under Minnesota’s cannabis reform laws.
Nearly 500 Charges for Using Cannabis in a Vehicle
Prosecutors have also filed close to 500 charges related to consuming cannabis inside a vehicle. These cases have involved both drivers and passengers.
Drivers Often Do Not Realize They Are Breaking the Law
The Reformer found that many drivers unintentionally incriminated themselves. Some voluntarily showed officers their cannabis or THC beverages. Others believed they were fully complying with legalization rules and had no idea that opened products must be stored in the trunk.
Racial Disparities in Charging
The investigation also identified troubling disparities. In Hennepin County, 42 percent of people charged were Black, even though Black residents make up roughly 13 percent of the population. Similar patterns appeared in Ramsey and Dakota counties.
Enforcement Varies Widely by County
Charging rates differ dramatically depending on location. McLeod County, with a population of about 36,000, filed 128 charges. Ramsey County, with a population of roughly 550,000, filed only 120. This suggests inconsistent enforcement across jurisdictions.
THC Beverages Are Creating New Legal Risk for Drivers
Minnesota’s growing THC beverage market has added to the confusion. These products are legal to buy and widely available, but they are treated the same as cannabis for vehicle storage purposes.
That means a THC beverage must be stored in the trunk if it has been opened or if the packaging does not meet tamper-evident and labeling requirements.
This creates problems because many THC beverages look identical to regular seltzers and often lack clear tamper-evident seals. Drivers may believe they are following the law when, technically, they are not.
Penalties for Improperly Stored Cannabis or THC Products
Improper storage is charged as a misdemeanor in Minnesota. Potential penalties include:
- Up to 90 days in jail
- Fines of up to $1,000
- A permanent criminal record unless the case is later expunged
Although many convictions result in relatively small fines, the long-term consequences can be significant.
Vehicle Searches and Constitutional Concerns
The Minnesota Supreme Court has ruled that the presence of marijuana odor alone is not enough to justify a vehicle search. However, officers may still conduct a search if they see THC products in the passenger area, observe broken packaging, receive admissions from a driver, or notice signs of impairment.
Defense attorneys interviewed by the Reformer expressed concern that open-package enforcement is being used as a gateway to broader searches, particularly in communities of color.
How to Transport Cannabis and THC Products Legally
To reduce the risk of a charge:
- Store all opened or resealed THC products in the trunk
- Place THC beverages in the trunk unless the seal is clearly intact and compliant
- Avoid keeping THC products in cupholders, center consoles, glove compartments, purses, or backpacks in the passenger area
When in doubt, use the trunk. That is the safest option under Minnesota law.
Contact Sieben Edmunds Miller if You’re Facing an Open Cannabis or THC Storage Charge
Many of these cases stem from confusion rather than criminal intent. If you have been charged under Minnesota’s open cannabis or THC package law, legal guidance matters.
At Sieben Edmunds Miller, we examine whether the stop was lawful, whether a search was justified, whether the packaging actually violated the statute, and whether evidence can be challenged or suppressed.
Contact Sieben Edmunds Miller today to protect your rights, your driving record, and your future.
FAQs
Do THC beverages have to be stored in the trunk in Minnesota?
Yes. Once opened, or if the seal is not compliant, they must be stored in the trunk.
Does the open cannabis package law apply to hemp-derived THC products?
Yes. Minnesota treats all THC products the same for vehicle storage purposes.
Can I be charged even if I wasn’t impaired?
Yes. Improper storage does not require proof of impairment.
Can THC products in plain view justify a search?
Yes. While odor alone is not enough, visible products may allow a search.
Will this type of misdemeanor appear on my criminal record?
Yes, and it may require a petition for expungement.
How can an attorney help with THC in motor vehicle cases?
We challenge the legality of the stop, search, packaging interpretation, and the officer’s basis for the charge.
