FAIRMONT– By now it’s well-known that this past summer Governor Tim Walz signed legislation to legalize adult cannabis use in the state of Minnesota, making it the 23rd state in the country to legalize recreational cannabis use for adults. Fairmont Police Chief Mike Hunter explained how the department is trying to educate its officers–and the public– on what’s legal and what’s not before legally licensed sales start in 2025.

Looking at relevant state history, Hunter said that back in 2014 state legislature reviewed medicinal marijuana use in Minnesota, which passed and became legal in 2015. This allowed people with prescriptions to use cannabis related products.

In July 2022, the state legalized THC-based edibles. Those products need to have a THC content of less than .3 percent.

“That was the state opening up the doors for some other products that we’ve started to see throughout the state and right here in our community,” Hunter said.

When THC edibles became legal for those over age 21, the city of Fairmont passed an ordinance that regulated the sale and registration for businesses that would be selling them. Several businesses are established in Fairmont and selling these products.

Hunter said that a lot of the laws in the cannabis bill that came into effect on Aug. 1 are consistent with a lot of alcohol related laws already established in the state.

“That has to do with possession, where you can and can’t use it, how old you have to be to purchase it,” Hunter said.

For law enforcement, he said there are some parallels between the enforcement of driving under the influence of a controlled substance and driving under the influence of alcohol. The same standard field sobriety test they use to see if a person is impaired will also be used to see if a person has been driving under the influence of a controlled substance, such as cannabis.

“Our current field sobriety tests have been validated by the Minnesota Department of Transportation to show that that impairment will hold in court. We also utilize video evidence and officer observation to show that the person is impaired,” Hunter said.

He noted that a difference between the two substances is that THC will remain in a person’s system much longer than alcohol. While traces of alcohol are typically gone by the next day, traces of THC can remain in a person’s system for about 30 days.

“That’s one thing that our officers have to articulate in their contact with people, is that the person is impaired by what’s in their system, and not just have it in their system, because it will come back on a blood test,” Hunter explained.

While breathalyzers will not work for detecting THC products, Hunter said the state of Minnesota has partnered with the Minnesota State Patrol on a project to utilize a saliva-based test for THC presence in a person’s system.

Rght now in Minnesota, there can be no legal sales of cannabis. However, there are two locations in the state, both on reservations, that sell recreational cannabis as they’re able to set and regulate their own businesses.

“Over the next year and a half, Minnesota is setting up what’s called the Office of Cannabis Management. They’ll be the ones to license and regulate the sale of cannabis in Minnesota. They’re planning 100 to 125 people to organize and implement cannabis sales in the state,” Hunter said.

With that, local cities cannot prohibit cannabis sales in their jurisdiction, but they can prohibit where some of the products are used, similar to what’s been decided for alcohol consumption.

“In Fairmont, you can’t walk down the city street or sidewalk drinking a beer. Our city will begin the process to review a local ordinance in the near future that will address open space and where cannabis-related products can be used,” Hunter said.

He said a lot of cities have been considering restricting the use of cannabis related products in city parks or on city property. However, there are already places it can’t be used, such as federal property as it’s considered a violation of federal law. The products also can’t be used at public schools, charter schools or school buses or at state correctional facilities or in a location where smoke containing cannabis can be inhaled by a minor.

“We’re expecting to see sales throughout the start of Minnesota start in early 2025. You’ll start to see dispensaries, which are licensed by the state to sell cannabis related products, open,” Hunter said.

In the meantime, he said under state law a person is allowed to buy seeds and grow their own under the direction of the Minnesota State Department of Agriculture. However, each person can grow just up to eight plants and have up to two ounces of cannabis on their person outside of their residence and up to two pounds of cannabis at their residence.

Overall, Hunter said the new law which went into effect Aug. 1 is the most significant law changes he’s seen during his nearly 30 year career in law enforcement. However, he acknowledged that once changes were seen in other states, and doors started opening in Minnesota, he expected to see before he retired that recreational use for adults would be legalized.

“We’re trying to help people understand what’s legal and what’s not,” Hunter said.