Minnesota

Implied Consent Laws

Drugs

169A.51 - Learn More
Any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state consents, subject to the provisions of sections 169A.50 to 169A.53 (implied consent law), and section 169A.20 (driving while impaired), to a chemical test of that person's blood, breath, or urine for the purpose of determining the presence of alcohol, a controlled substance or its metabolite, or an intoxicating substance. The test must be administered at the direction of a peace officer.

Blood

169A.51 - Learn More
Yes – Warrant required

Urine

169A.51 - Learn More
Yes – Warrant required

Oral Fluids

No Data Available

Other

169A.51 - Learn More
Breath

DUI Statutes

Drugs

169A.20(2) - Learn More
It is a crime for any person to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision 15, within this state or on any boundary water of this state when:
(1) the person is under the influence of alcohol;
(2) the person is under the influence of a controlled substance;
(3) the person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;
(4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);
(5) the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;
(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
(7) the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Combined/Multiple Substance

169A.20(4) - Learn More
(4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);
(see DUI language above)

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

169A.52 - Learn More
Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 (driving while impaired), and that the person refused to submit to a test, the commissioner shall revoke the person's license or permit to drive, or nonresident operating privilege, even if a test was obtained pursuant to this section after the person refused to submit to testing.
The commissioner shall revoke the license, permit, or nonresident operating privilege:
(1) for a person with no qualified prior impaired driving incidents within the past ten years, for a period of not less than one year;
(2) for a person under the age of 21 years and with no qualified prior impaired driving incidents within the past ten years, for a period of not less than one year;
(3) for a person with one qualified prior impaired driving incident within the past ten years, or two qualified prior impaired driving incidents, for a period of not less than two years;
(4) for a person with two qualified prior impaired driving incidents within the past ten years, or three qualified prior impaired driving incidents, for a period of not less than three years;
(5) for a person with three qualified prior impaired driving incidents within the past ten years, for a period of not less than four years; or
(6) for a person with four or more qualified prior impaired driving incidents, for a period of not less than six years.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes
However, withholding the right to consult with counsel prior to testing within a reasonable period prevents using the test results as evidence.

Criminal Trial

Yes
However, withholding the right to consult with counsel prior to testing within a reasonable period prevents using the test results as evidence.

ALR Laws

Cannabis

169A.27 - Learn More
Yes

Length/Time of Restriction

Up to 180 days minimum if test refused for first offense and up to indefinite revocation for repeat offenders.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

No Data Available

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

169A.20 - Learn More
Minnesota's per se statute only applies to drugs other than cannabis and is a zero threshold. 169A.20 states that "It is a crime for any person to drive, operate, or be in physical control of any motor vehicle … when the person's body contains any amount of a controlled substance in schedule I or II other than marijuana or tetrahydrocannabinols."

Cannabis Per Se Statute

169A.20 - Learn More
Minnesota's per se statute only applies to drugs other than cannabis and is a zero threshold. 169A.20 states that "It is a crime for any person to drive, operate, or be in physical control of any motor vehicle … when the person's body contains any amount of a controlled substance in schedule I or II other than marijuana or tetrahydrocannabinols."

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

To establish probable cause, the officer usually proceeds as follows: observes some type of illegal driving behavior and forms a reasonable suspicion of an impaired driving violation; stops and questions the driver; administers a battery of standardized field sobriety tests (SFSTs); and administers a DWI screening test (PBT).

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

There is a potential drug education course requirement for first time offenders possessing 42.5 grams or less. Not mandatory but possible.

Cannabis Impaired Driving Penalties

First Offense - Misdemeanor - Up to 90 days imprisonment up to $1000 fine; up to 180 days of license suspension. 180 days is a mandatory minimum if defendant refused a chemical test.
Second Offense – Minimum of 30 days of incarceration or 8 hours of community work service for each day less than 30 days that the person is ordered to serve in a local correctional facility. Up to 1 year of license suspension. 180 days is a mandatory minimum if defendant refused a chemical test.
Third Offense – Minimum of 90 days of incarceration at least 30 days must be served consecutively in a local correctional facility, or mandatory participation in an intense supervision probation program for repeat DWI offenders, and consecutively serve at least 6 days in a local correctional facility; license suspension of up to 2 years.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

169A.20 - Learn More
Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

Generally the same as DUI alcohol.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

169A.03 - Learn More
Aggravating factor includes:
(1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense;
(2) having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense; or
(3) having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21
Minnesota has passed laws decriminalizing marijuana use. Although the law still classifies recreational possession as illegal, the threat of incarceration is slim.

Underage Cannabis Laws and Penalties

Underage Possession

Misdemeanor First Offense
42.5 grams or less - fine up to $200

Underage Consumption

No Data Available

Underage Purchase

Felony for seller to minor
Up to 20 years and up to $250,000 fine

Underage Attempt to Purchase

No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Allowed with approval of State under qualifying medical conditions.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Sale to a minor can result in imprisonment up to 20 years and a fine of up to $250,000.

Other

 Medical marijuana was only available in tincture, oil, pill, liquid, topical, powder, or lozenge form until January, 2020, when raw leaf product were made available for use.