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Cannabis Patio Rules in Minnesota.. Can we do it?
- Carpfish Creative
- Jun 27
- 3 min read
To allow people to smoke cannabis on your bar’s patio in Minnesota, you need to navigate both state and local regulations, which currently impose significant restrictions.
Key Requirements and Considerations
1. Indoor Smoking is Prohibited
State Law (Minnesota Clean Indoor Air Act): All indoor smoking, including cannabis, is banned in bars and restaurants[1][2][3].
Outdoor Smoking: The Minnesota Clean Indoor Air Act does not prohibit outdoor smoking or vaping, regardless of distance from building openings like doors or windows[2][3]. However, local ordinances may be more restrictive.
2. Local Ordinances May Restrict Outdoor Smoking
City and County Authority: Cities and counties can adopt stricter rules, such as prohibiting smoking on patios, near entrances, or in certain outdoor areas[3][4]. For example, some cities ban all smoking (including cannabis) in public places, which may include restaurant and bar patios if they are considered accessible to the public[5][6].
Check Local Rules: Before allowing cannabis smoking on your patio, you must verify whether your city or county has an ordinance that prohibits smoking in outdoor dining areas or patios[3][4].
3. Licensing for On-Site Consumption
State Licensing: The only way to legally allow cannabis consumption on your business premises is to obtain a state license for on-site consumption from the Minnesota Office of Cannabis Management (OCM)[5][7][4].
Current Status: As of now, no such licenses have been issued for on-site consumption at bars or restaurants. The OCM is still developing regulations and has not yet made these licenses available[1][8].
Future Possibility: When licenses do become available, your bar would need to apply and comply with all OCM requirements, which may include additional local zoning and registration steps[1][4].
4. General Public Use Rules
Private Property: Cannabis use is generally allowed on private property not accessible to the public, unless the owner prohibits it[5][7].
Public Spaces: If your patio is considered a public place or is generally accessible to the public, local ordinances may prohibit cannabis smoking[5][6][4].
Summary Table
Requirement | State Law/Regulation | Local Ordinance Possibility | Current Status |
Indoor smoking (cannabis/tobacco) | Prohibited | N/A | Not allowed |
Outdoor smoking (cannabis/tobacco) | Allowed unless local rules restrict | May be prohibited or restricted | Depends on city/county |
An on-site consumption license is needed | Yes (for cannabis) | Must comply with local zoning | Not yet available |
Steps to Allow Cannabis Smoking on Your Bar Patio
Check Local Ordinances: Confirm your city or county does not prohibit smoking (cannabis or tobacco) on bar patios or outdoor dining areas[3][4].
Wait for State Licensing: Monitor the Minnesota Office of Cannabis Management for updates on when on-site consumption licenses become available[1][7].
Apply for a License: When available, apply for an on-site consumption license through the OCM and ensure you meet all local zoning and registration requirements[1][4].
Post Required Signs: If allowed, post “No Smoking” signs indoors and, if applicable, “Smoke-Free Patio” signs as required by local health codes or ordinances[1][2].
Important Note
Until the OCM issues on-site consumption licenses and you have approval, you cannot legally allow cannabis smoking on your bar patio—even if your local ordinances would otherwise permit it[1][7][4]. Additionally, if your patio is considered a public place under local law, cannabis smoking may be prohibited regardless of state rules[5][6][4]. Always verify the latest local regulations and OCM guidance before proceeding.
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