Legal Cannabis, Illegal Drive: The ‘Open Package’ Trap
BY MN CRIME STAFF
Recreational cannabis is now legal in Minnesota, but the rules change the moment you step into a vehicle.
Just like alcohol, there is a strict "Open Package Law" for cannabis in cars, and violating it is one of the easiest ways to turn a routine traffic stop into a criminal misdemeanor.
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Under MN Statute 169A.36, it is illegal to have cannabis flower, edibles or vape products in a motor vehicle on a street or highway if the packaging is open, the seal is broken or some of the contents have been removed.
The "Glove Box" Mistake
Many drivers mistakenly believe that putting an opened bag of gummies or a vape pen in the glove compartment or center console is safe. It is not.
The law specifically states that these areas are considered within the "area normally occupied by the driver and passengers." If an officer sees an open cannabis product in your cupholder during a traffic stop, you can be cited for a misdemeanor, even if you are completely sober.
Where Can You Legally Store It?
If the seal on your cannabis product is broken, the only legal place to store it in a sedan or coupe is in the trunk.
For SUVs, hatchbacks, or trucks without a separate trunk, the law requires opened products to be stored in the area of the vehicle "least accessible to the driver or passengers." This typically means the very back cargo area, as far from the driver's seat as possible.
The Impairment Issue
An "Open Package" citation is often just the beginning. The odor of burnt cannabis or the presence of open products gives police probable cause to investigate you for Driving While Impaired (DWI).
Unlike alcohol, Minnesota has no legal "limit" for THC concentration in the blood. Instead, law enforcement relies on specialized officers called Drug Recognition Evaluators (DREs).
A DRE will conduct a 12-step evaluation, checking your pulse, eye movements, and muscle tone to determine if you are impaired. Their expert testimony can be enough to secure a DWI conviction, even without a blood test result.
The Bottom Line: Treat cannabis exactly like an open bottle of whiskey. If the seal is cracked, put it in the trunk before you turn the key.
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