Publisher’s Perspective

By Tim Douglass, Publisher of the Pope County Tribune

City councils and county boards all over the state are currecntly discussing the new law that legalized recreational use of cannibis in Minnesota and how they should react.  As of August 1, use and simple possession of the drug is no longer a crime for people 21 and over.

Cities and county boards should at least have those conversations, especially around retail sales of marijuana and if its use should be allowed in public parks and other public spaces. While retail sales are still well over a year away, those over 21 can now use cannabis and possess 2 ounces or less in public, 2 pounds or less at home and grow up to eight plants in their homes or yards.

But that doesn’t mean that criminal sanctions have been removed from state law regarding marijuana. As with alcohol, restrictions and regulations and penalties will exist for cannabis use, mostly in the areas of possession of illegal amounts and illegal sales.

The area where most Minnesotans might notice enforcement of still-illegal acts are on the highway or in a vehicle. State troopers and police officers are still charged with preventing driving while impaired, something that has already included drivers impaired by alcohol, drugs or a combination of both.

“We want to get word out to Minnesotans not to get behind the wheel if they choose to use cannabis or any other impairing substance,” said Col. Matt Langer, the chief of the Minnesota State Patrol. The state has launched a public awareness campaign with slogans such as “Driving high is a DWI,” “Driving high leads to serious lows,” and “Drive the highway, not the high way.”

According to a report by Minnpost.com, even before the Legislature signaled during the 2023 session that it would legalize use and possession of marijuana, there has been a steady increase in drugged driving cases including impairment from multiple substances, including alcohol, Langer said. Between 2012 and 2016, the state had more than 7,000 drugged driving incidents. Between 2017 and 2021, there were nearly 16,000 incidents.

And of the 197 highway deaths this year, 29 were alcohol impaired, 21 were drug impaired and 13 were impaired by a combination of both, it was stated in that report.

Here are some of the ways traffic enforcement will change when marijuana use and possession by adults becomes legal.

It’s still illegal to drive impaired by cannabis

“If you do choose to partake in cannabis consumption … our message is the same one we provide for alcohol for many, many years,” Langer said. “Plan ahead and never drive when impaired by any substance at all.”

A typical first-time offender found to be impaired faces license suspension, from 30 days and up to a year, possible jail time, fines and court costs. While alcohol-impaired drivers are presumed to be in violation with a blood-alcohol level of 0.08%, they can be found guilty at lower levels based on field sobriety tests by police.

When retail stores open, perhaps in the spring of 2025, they are required to post warnings about impaired driving. The law also makes it illegal to use cannabis in a motor vehicle and to possess cannabis in an open container in a motor vehicle.

Absent roadside testing like they have for alcohol, police will rely on field testing and experts trained to detect impairment from drugs.

Col. Rodmen Smith, director of the enforcement division of the state Department of Natural Resources, said all the same rules apply to motorized recreational vehicles and watercraft as apply to cars and trucks.

“It’s all the same. All the rules apply, whether it’s a motor vehicle or an ATV or a snowmobile or a watercraft,” Smith said.