Category Archives: prohibition

Minnesota Legislature, What Are You Chewing?

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For years, Minnesota legislators from both political parties with puritanical and law-and-order instincts have fought hard to preserve the prohibition of marijuana, a plant that is much less addictive and lethal than already legalized alcohol. 

But marijuana prohibition in Minnesota is now effectively over, kinda sorta. The Star Tribune explains one of the most surprising and senseless moves the Minnesota Legislature has made in my lifetime:


“A new state law took effect July 1 that allows Minnesotans 21 and older to buy certain edibles and beverages containing small amounts of THC, the ingredient in marijuana that produces the high associated with the drug.

The new law allows the sale and purchase of edibles — such as gummies, hard candy or chocolates — and beverages that contain up to 5 milligrams of tetrahydrocannabinol (THC) per serving and 50 milligrams per package, and no more than 0.3% THC by weight. Products containing THC, as well as those containing cannabidiol (CBD), must be clearly labeled and can only be sold to those 21 and older. Edibles must be in child-proof and tamper-evident packages and carry the label “Keep this product out of reach of children.” Serving sizes must also be clearly defined.

THC products sold in Minnesota must be derived from legally-certified hemp containing no more than 0.3% THC by weight, according to the law. Marijuana flower and all THC-containing products derived from it remain illegal in Minnesota for recreational use.

The law places no limit on how many CBD and THC products can be purchased and does not regulate who can sell them.”

This shocking development is at the same time encouraging and frustrating.  Legislators have lots of high-minded (sorry, couldn’t resist) explanations about how they were merely trying to keep Minnesotans safe from low-THC hemp with new regulations. But regardless of actual intent, the Legislature has legalized intoxicating THC products. That’s great for those who partake and don’t want to go to jail, but bad for those who care about sensible public policy.

The Legislature, wanting to show their constituents that they’re being prudent with “low and slow” dosing, essentially created the THC equivalent of 3.2 beer, or beer with no more than 3.2 percent alcohol by weight.  Anyone who came of age in the 3.2 era knows that past generations of Americans did street research and discovered a clever workaround for that law:  Consume more weak product, and get as wasted as your heart desires.

Similarly, there is a fighting chance that today’s Minnesotans will make a similar discovery about the Legislature’s new half-baked model. Obviously, Minnesota’s relatively low-THC gummies can get you every bit as high as the higher-THC gummies available in states where marijuana is fully legalized. More bites begets more buzz.

Equally stupid, the Minnesota Legislature is also requiring that companies produce the THC-containing gummies in the least efficient, most expensive way possible.  In Minnesota, companies are required to make THC-containing gummies out of relatively low-THC hemp plants, instead of high-THC marijuana/cannabis plants.  

This is like requiring that companies produce sugar from tomatoes rather than sugar beets.  It’s feasible, because tomatoes have a relatively small amount of sugar in them, but why do it that way? The massive inefficiency of this hemp requirement ultimately causes huge additional growing and processing costs to be passed on to inflation-weary Minnesota consumers, for no good reason.

But that’s not all. Because legislative hemp regulators quietly snuck into the back door of THC edible legalization without wanting to wake sleeping prohibitionists, they didn’t include any taxation provisions in the new law. As a result, hundreds of millions of dollars in THC product taxes will not be collected to fund badly needed public services, such as education, early learning, or environmental protections.  That’s a huge missed opportunity.

Worst of all, the Legislature didn’t expunge the criminal records of Minnesotans whose lives are being needlessly harmed because of past marijuana-related convictions.  As of July 1, 2022, Minnesotans can now legally get high as the IDS Tower at the same time their fellow Minnesotans — disproportionately people of color, because of shameful racial bias in Minnesota’s law enforcement and judicial systems — continue to be harshly punished for having consumed the very same chemical.  That’s layering an outrageous new injustice on top of the outrageous old injustice.

To summarize, Minnesota’s THC edible legalization framework offers a good buzz, but no consumer cost-containment, public improvements, tax relief, or justice. We can now “get stupid,” but we will never get as stupid as this regulatory framework.

Despite all of those flaws, THC edibles are now finally being enjoyed by Minnesotans of all political stripes.  Because of that, this product will quickly get more normalized in Minnesota society. As a result, bringing back prohibition, as some Republicans propose, will be more unpopular than ever.

Ultimately, that normalization should pave the way for the future passage of a more thoughtful, comprehensive legalization framework, presuming a wave of extreme marijuana prohibitionists aren’t swept into office in the 2022 midterm elections. That could happen because of voter frustration over crime and inflation, but it won’t be because of this issue. Minnesotans support marijuana legalization by a 14-point margin.

The Minnesota Legislature will probably eventually get to a sane legalization framework that produces lower consumer prices, better funded government services, and justice for thousands. Winston Churchill famously said that “The United States can always be relied upon to do the right thing — having first exhausted all possible alternatives.”  Unfortunately, marijuanaphobic Minnesota is currently in the process of exhausting a particularly ludicrous alternative on its path to the right thing.

Another Reason To End Marijuana Prohibition: Public Health

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Minnesota public health authorities are close to concluding that the leading culprit in the rash of serious cannabis vaping injuries is an additive called vitamin E acetate, which apparently is used by elicit street producers to thicken and dilute the THC in illegally produced vaping cartridges.  The Star Tribune reports:

“The state’s findings were circulated nationally on Tuesday by the U.S. Centers for Disease Control and Prevention, which has monitored the outbreak nationally and has reported 2,290 cases of vaping-associated lung injuries this year and 47 related deaths.

‘We now have evidence of vitamin E acetate in the lungs of Minnesotans and in illicit THC products from Minnesota during the outbreak,’ said Jan Malcolm, state health commissioner. ‘We have more work ahead, but every bit of evidence gets us closer to a resolution.'”

Assuming that Vitamin E is in fact the culprit, the obvious solution is to regulate the product to ensure that additive is no longer used.  Easy, right?

Not so fast. The problem with that obvious solution is that cannabis prohibition makes it impossible to regulate the safety of these illicit street products.

If we want to regulate marijuana-based products to keep consumers safe from dangerous additives like Vitamin E acetate, pesticides, molds, and fungus, we need those products to be legal so that they can be controlled by public regulators, just as we control other legal consumer products.

A while back, Republican Senate leader Paul Gazelka looked at this dangerous situation and somehow came to the opposite conclusion.

“Opponents of legalizing marijuana in Minnesota are seizing on the recent outbreak of vaping-related illnesses and teen nicotine addiction to urge caution on the cannabis front — even as advocates of legalization ramp up their campaign ahead of next year’s legislative session.

‘I hope this slows down the rush by [Gov. Tim Walz] and House Democrats on recreational marijuana,’ said state Sen. Paul Gazelka, R-Nisswa, the majority leader. ‘If they see the correlation, that might at least slow down the process.'”

Sen. Gazelka seems like a sincere, decent guy, but that logic makes no sense.  After all, if Sen. Gazelka learned that we have dangerous types of vehicles, insulation, ethanol, or stents harming consumers, would he back prohibition of vehicles, insulation, ethanol, and stents?  Of course not.  Instead, the sensible response would be to keep those products legal, but have public regulators monitor the products and require them to be safer.  Likewise, we need to make marijuana legal, so marijuana-based products can be regulated, tested, and required to be safer. 

So in addition to the social justice, fiscal, and logical reasons to end marijuana prohibition, we need to add another to the list.  Public health.

Disclosure:  In my public relations business, I have done work for one of two companies licensed in Minnesota to treat patients with cannabis-based medicines.  However, I’m not currently doing work for that company, and that company’s legal, regulated medicines aren’t a subject of these stories. I have never helped any clients advocating the end to marijuana prohibition.