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Rep. Zack Stephenson, DFL-Coon Rapids, takes a photograph of his yes vote on a bill to legalize adult-use cannabis on the floor of the Minnesota House on Tuesday, April 25, 2023. Stephenson was the primary sponsor of the legislation that passed with a 71-59 vote at the state Capitol in St. Paul. (Christopher Magan / Pioneer Press)
Rep. Zack Stephenson, DFL-Coon Rapids, takes a photograph of his yes vote on a bill to legalize adult-use cannabis on the floor of the Minnesota House on Tuesday, April 25, 2023. Stephenson was the primary sponsor of the legislation that passed with a 71-59 vote at the state Capitol in St. Paul. (Christopher Magan / Pioneer Press)
Alex Derosier
UPDATED:

Members of the Minnesota House on Tuesday approved a bill to legalize recreational marijuana use for adults.

Legalization has passed in the Democratic-Farmer-Labor-controlled House before. But DFL lawmakers took control of the Senate last November and a vote is now scheduled for Friday in that chamber.

Members started debating the bill late Monday evening and tabled the discussion around midnight. They resumed Tuesday afternoon before passing the bill on a 71-59 vote.

Reps. Nolan West, R-Blaine, and Shane Hudella, R-Hastings, joined DFLers in support of the bill. Rep. Gene Pelowski, DFL-Winona, joined Republicans in opposition.

What’s in the bill?

The House bill would allow marijuana possession for people 21 and older, expunge marijuana conviction records and create a new regulatory plan for the substance.

Eligible adults could possess 2 ounces or less of cannabis in a public place, and 1.5 pounds or less in a residence. Individuals would be able to possess edibles with a total of 800 milligrams or less of THC, the psychoactive component of cannabis.

Sales of cannabis products would carry an 8% state tax. Primary bill sponsor, Rep. Zack Stephenson, DFL-Coon Rapids, and House Taxes Chair Aisha Gomez, DFL-Minneapolis, say they don’t see it as a major revenue generator for the state, and the tax is there to cover the cost of regulation and oversight.

THC-containing edibles made legal in Minnesota last July also would fall under new regulations. Sellers of the low-dosage edibles currently legal in the state would need to apply for a license.

Republicans on the legislation

Despite the Senate GOP not taking up a bill in the past, some Republicans support legalization. West, the representative from Blaine, voted in favor of the bill, though he had concerns about some of its provisions.

West took aim at what he called the inclusion of “far-left ideology,” including proposed criteria for granting marijuana distribution licenses based on “social equity scores.” DFL lawmakers have said such a system would serve as a way to distribute the benefits of legalization to where drug laws did the most harm.

But West commended Stephenson for working to address his concerns. Changes included reducing the home possession amount from 5 pounds to 1.5 pounds, and more than $10 million to address concerns about high drivers by training officers to recognize signs of marijuana intoxication.

Opponents of legalization have raised concerns about marijuana’s impact on younger people’s mental health, and have proposed raising the minimum age to possess and use the substance to 25. Republicans introduced nearly 20 amendments to the bill, including one to raise the legal age, but most failed.

The House adopted some Republican amendments for the bill. They included a prohibition on school bus drivers from having cannabis in their system and an amendment banning the head of the cannabis management office from becoming a lobbyist after leaving the position. Another Republican amendment removed a requirement for two business staff to be in a vehicle transporting hemp products, something businesses raised concerns about.

What comes next?

If a legalization bill passes in the Senate on Friday it would be further than it’s ever gotten in the Legislature. However, there will still be more work before the bill gets to the governor’s desk.

Because of differences between the Senate and House bills, members from both bodies will have to meet in a conference committee to bring their bills into alignment. Already, the Senate version has a 10% tax on marijuana sales — slightly higher than the 8% backed by the House.

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