As Minnesota continues to embrace the new era of legalized cannabis, recent headlines are filled with exciting developments. The state is formalizing its market, recently signing a cannabis compact with the Leech Lake Band of Ojibwe, the third such agreement with a tribal nation. Simultaneously, cannabis testing facilities are expanding and preparing for the anticipated boom in the recreational market. For many Minnesotans, this signals progress, economic opportunity, and greater personal freedom. However, as a criminal defense attorney who focuses on DWI cases, I see another side to this story: a growing and complex legal landscape that every driver needs to understand.
The most critical point to remember is this: while the recreational use of cannabis is legal for adults, driving while impaired by it is not. A conviction for a cannabis-related DWI carries the same severe penalties as an alcohol-related DWI, including potential jail time, hefty fines, license revocation, and a lasting criminal record. The legalization of the substance does not change the illegality of operating a vehicle under its influence.
One of the biggest areas of confusion for drivers is how a cannabis DWI is proven. With alcohol, the law is straightforward with a clear, per se limit of 0.08 Blood Alcohol Concentration (BAC). If your BAC is at or above that level, you are considered legally impaired. Cannabis is far more nuanced. Minnesota law does not have a per se limit for THC (the psychoactive compound in cannabis) in a driver's system. Therefore, a prosecutor’s case isn’t built on a simple number from a test; it’s built on proving actual impairment.
This proof begins the moment an officer initiates a traffic stop. They will be looking for signs of impairment in your driving behavior, such as weaving, inconsistent speed, or slow reaction times. After the stop, the officer will observe your physical condition—looking for bloodshot eyes, dilated pupils, or the odor of marijuana. You will likely be asked to perform Standardized Field Sobriety Tests (SFSTs), the same tests used in alcohol-related stops. If the officer suspects drug impairment, they may call in an officer, specially trained in Drug Recognition, to conduct a more detailed 12-step evaluation.
Here is where a knowledgeable defense becomes crucial. Unlike alcohol, which metabolizes relatively quickly, THC can be detected in a person's blood or urine for days, weeks, or even longer after consumption, especially for regular users. This means a chemical test that comes back positive for THC does not, by itself, prove you were impaired *at the time you were driving*. It may only prove that you consumed cannabis at some point in the recent past. An experienced DWI attorney can challenge the prosecution's narrative by highlighting the lack of a scientific link between the mere presence of THC metabolites and actual driving impairment.
The new, regulated market adds another layer of complexity. The rise of sophisticated testing labs, as reported by MPR News, is focused on ensuring product safety and potency for consumers. This means products with varying and often high concentrations of THC are legally available. A person might consume an edible and not feel the full effects for hours, getting behind the wheel without realizing they are, or are about to become, impaired. This lack of understanding is not a defense in court.
As Minnesota's cannabis market matures through state and tribal agreements, law enforcement will undoubtedly increase its focus on cannabis-related DWI enforcement. It is more important than ever for drivers to be responsible and educated. The excitement of legalization should not cloud your judgment. If you choose to consume cannabis, do not drive. The legal and personal consequences are simply too high.
By the way – it is illegal to transport opened containers of THC in your car, so like a bottle of alcohol, you should keep it sealed and out of reach if you are transporting it preferably in your trunk, or some place you cannot reach from the driver’s seat.
If you find yourself facing a cannabis DWI charge, do not assume the evidence against you is unbeatable. These cases are scientifically complex and highly defensible. You need an advocate who understands the nuances of impairment evidence, the limitations of chemical testing, and how to protect your rights.
Sources:
https://www.mprnews.org/story/2025/10/20/state-signs-cannabis-agreement-with-third-tribal-nation
The information presented in this article is not considered legal advice. Please contact our law office to speak to an attorney about your case.