Minnesota Statutes 169A.36 – Open Package Law
Subdivision 1.Definitions.
As used in this section:
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor | up to 90 days | up to $1,000 |
Terms Used In Minnesota Statutes 169A.36
- Commissioner: means the commissioner of public safety or a designee. See Minnesota Statutes 169A.03
- Driver: has the meaning given in section 169. See Minnesota Statutes 169A.03
- Misdemeanor: means a crime for which a person may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both. See Minnesota Statutes 169A.03
- Motor vehicle: means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. See Minnesota Statutes 169A.03
- Owner: has the meaning given in section 169. See Minnesota Statutes 169A.03
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
- Street or highway: has the meaning given in section 169. See Minnesota Statutes 169A.03
- Vehicle: has the meaning given in section 169. See Minnesota Statutes 169A.03
(1) “motor vehicle” does not include motorboats in operation or off-road recreational vehicles except while operated on a roadway or shoulder of a roadway that is not part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of natural resources; and
(2) “possession” means either that the person had actual possession of the package or that the person consciously exercised dominion and control over the package.
Subd. 2.Use; crime described.
It is a crime for a person to use cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, or any other product containing an artificially derived cannabinoid in a motor vehicle when the vehicle is on a street or highway.
Subd. 3.Possession; crime described.
It is a crime for a person to have in possession, while in a private motor vehicle on a street or highway, any cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, or any other product containing an artificially derived cannabinoid that:
(1) is in packaging or another container that does not comply with the relevant packaging requirements in chapter 152 or 342;
(2) has been removed from the packaging in which it was sold;
(3) is in packaging that has been opened or the seal has been broken; or
(4) is in packaging of which the contents have been partially removed.
Subd. 4.Liability of nonpresent owner; crime described.
It is a crime for the owner of any private motor vehicle or the driver, if the owner is not present in the motor vehicle, to keep or allow to be kept in a motor vehicle when the vehicle is on a street or highway any cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, or any other product containing an artificially derived cannabinoid that:
(1) is in packaging or another container that does not comply with the relevant packaging requirements in chapter 152 or 342;
(2) has been removed from the packaging in which it was sold;
(3) is in packaging that has been opened or the seal has been broken; or
(4) is in packaging of which the contents have been partially removed.
Subd. 5.Criminal penalty.
A person who violates subdivision 2, 3, or 4 is guilty of a misdemeanor.
Subd. 6.Exceptions.
(a) This section does not prohibit the possession or consumption of cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, or any other product containing an artificially derived cannabinoid by passengers in:
(1) a bus that is operated by a motor carrier of passengers as defined in section 221.012, subdivision 26;
(2) a vehicle that is operated for commercial purposes in a manner similar to a bicycle as defined in section 169.011, subdivision 4, with five or more passengers who provide pedal power to the drive train of the vehicle; or
(3) a vehicle providing limousine service as defined in section 221.84, subdivision 1.
(b) Subdivisions 3 and 4 do not apply to: (1) a package that is in the trunk of the vehicle if the vehicle is equipped with a trunk; or (2) a package that is in another area of the vehicle not normally occupied by the driver and passengers if the vehicle is not equipped with a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.