Can You Gift Cannabis in Minnesota? What Minn. Stat. 342.09 Allows

The short answer

Yes, you can gift cannabis in Minnesota, but only under narrow terms. The giver and the receiver must both be 21 or older, nothing of value can change hands, and the amount cannot go past the ceilings in Minn. Stat. 342.09. Giving cannabis to anyone under 21 is not allowed in any amount.

The question tends to come up around the holidays. So we read the statute text itself, not a summary of it. Where the Office of Cannabis Management (OCM) words something differently, we say so. This is general information for adults 21 and older, not legal advice.

What an adult may give another adult

The three ceilings

Subdivision 1, paragraph (a), clause (6) of Minn. Stat. 342.09 says an individual 21 or older may "give for no remuneration" to another individual who is at least 21:

• two ounces or less of adult-use cannabis flower;
• eight grams or less of adult-use cannabis concentrate; or
• an edible cannabis product or lower-potency hemp edible infused with 800 milligrams or less of tetrahydrocannabinol (THC).

Those are the same figures that apply to what an adult may carry in a public place. OCM puts the allowance in terms of that public limit. Its adult-use cannabis page lists as permitted: "Give away cannabis flower and products to a person 21 or older in an amount legal for a person to possess in public." If you want a refresher on how flower, concentrates, and edibles differ, we cover that separately.

What "for no remuneration" means

Remuneration means payment. The statute allows a transfer only when nothing is paid. We won't guess how the phrase applies to a trade, a shared grocery bill, a "donation" or a favor returned later, because the statute doesn't spell those out. The safe reading is the plain one: if anything of value comes back to the giver, the transfer is no longer the gift the statute describes.

How the gift ceiling relates to possession limits

The gift allowance sits next to the possession limits in the same paragraph of the statute. For an adult 21 or older, subdivision 1(a) lists these limits:

• two ounces or less of adult-use flower, carried or transported in a public place;
• two pounds or less of flower in the individual's private residence;
• eight grams or less of adult-use concentrate, possessed or transported;
• edibles or lower-potency hemp edibles with a combined total of 800 milligrams or less of THC.

Notice that the gift clause uses the public figure for flower, two ounces, not the two-pound home figure. Keeping two pounds at home doesn't mean you may hand over two pounds. A single gift to another adult stops at two ounces of flower, eight grams of concentrate, or 800 milligrams of THC in an edible.

The statute lists the gift allowance and the possession limits as separate permissions. It doesn't say how they add up when someone receives several gifts, so we won't offer a rule for that. If you are close to a limit, check the current text on revisor.mn.gov first.

Who may not receive a gift

The age line is firm, with no exceptions listed. Minn. Stat. 342.09, subd. 1(b), clause (7) says an individual may not "give for no remuneration cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products to an individual under 21 years of age." Clause (1) separately bars anyone under 21 from using, possessing or transporting those products.

Two details stand out:

• The ban covers more than cannabis flower. It names cannabis products, lower-potency hemp edibles and hemp-derived consumer products as well.
• It applies to a free transfer. The words "for no remuneration" appear in the prohibition too, so a no-cost handoff to someone under 21 is exactly what it addresses.

Everything on this site assumes an adult audience. If the person you have in mind is under 21, the answer is no, whatever the occasion and whatever the relationship.

Businesses and promotional gifts

Clause (8) of the same subdivision adds a separate rule. An individual may not "give for no remuneration cannabis flower or cannabis products as a sample or promotional gift" if the giver "is in the business of selling goods or services."

In practice, a gift is a personal act between adults, not a business perk. A company can't hand out cannabis as a sample, a thank-you or a promotion, and the clause is not limited to cannabis businesses. It reaches any giver in the business of selling goods or services.

Advertising has its own section. Minn. Stat. 342.64 covers what cannabis and hemp ads may say and show, and it does not mention gifts or free samples. The gifting rules sit in 342.09, so that is the section to read.

Carrying a gift and where it can be used

A legal gift does not change the rules on use. Under subdivision 1(b), an individual may not use cannabis flower, cannabis products, lower-potency hemp edibles or hemp-derived consumer products in a motor vehicle. Smoking or vaping is also barred anywhere smoking is prohibited under section 144.414, in public and charter schools and their vehicles, and in state correctional facilities. The statute also bars smoking or vaporizing where the smoke, aerosol or vapor would be inhaled by a minor, and it bars driving while under the influence.

If you are bringing a gift to someone by car, our articles on Minnesota's open package rule and on sealed packaging on the way home walk through how to transport it. Do not operate a vehicle or machinery after use.

The bottom line

Four points cover it: Both people are 21 or older. Nothing is paid or returned. The amount stays within two ounces of flower, eight grams of concentrate or 800 milligrams of THC in an edible. And nothing goes to anyone under 21, ever. The law can change, and Minn. Stat. 342.09 was amended as recently as 2024, so confirm the current text on revisor.mn.gov before you rely on a number. For store policies and ID questions, see our FAQs.

Frequently Asked Questions

Can I give cannabis to a friend in Minnesota?

Yes, if the friend is 21 or older, you give it for no remuneration, and the amount is within the ceilings in Minn. Stat. 342.09, subd. 1(a)(6): two ounces of flower, eight grams of concentrate, or an edible with 800 milligrams of THC or less.

Can I give cannabis to someone under 21?

No. Minn. Stat. 342.09, subd. 1(b)(7) bars giving cannabis flower, cannabis products, lower-potency hemp edibles or hemp-derived consumer products to anyone under 21, and subd. 1(b)(1) bars under-21 possession.

Can I accept money or a trade for a gift?

The statute allows giving "for no remuneration." Payment of any kind takes the transfer outside that allowance, so this article does not treat swaps or "donations" as gifts.

Can a business give cannabis away as a promotional gift?

No. Subd. 1(b)(8) bars giving cannabis flower or products as a sample or promotional gift if the giver is in the business of selling goods or services.

For adults 21 and older only. Cannabis products have not been analyzed or approved by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. Keep out of reach of children. Do not operate a vehicle or machinery after use. This article is general information about products sold in Minnesota, not medical advice; talk to a licensed clinician about your health.