The Resident Solution · Directive 07

Cannabis Market
& Economic
Fairness

They sold residents legalization. They delivered a corporate takeover dressed up as progress.

Minnesota residents voted for a market that worked for them. What they got was a licensing process designed for out-of-state money, a regulatory structure that only corporations can survive, and bills moving right now in the legislature that would make it worse. While the state was collecting a 15% tax on every sale, the communities most harmed by cannabis criminalization were being locked out of the market that was supposed to make them whole. That is not legalization. This directive ends the takeover and takes the market back for Minnesota.
Read the directive

Nine Reforms.
One Market.

Cannabis legalization in Minnesota was built on a promise — economic opportunity for residents, closure for communities that bore the cost of criminalization, and a tax base that worked for the public good. That promise was broken in the implementation. The licensing structure, the capital requirements, the regulatory burden — all of it was calibrated for large operators with deep pockets and connections. This directive recalibrates the entire system for Minnesota residents and the small operators who live here.

01
Small Operator Protection
OCM is directed to reform licensing fees, capital requirements, and regulatory burdens that lock out small Minnesota operators and favor large out-of-state corporations. The playing field gets leveled — starting day one.
02
Social Equity Mandate
Meaningful social equity licensing tracks with priority and reduced barriers for applicants from communities most harmed by cannabis criminalization. Not a program. A mandate. With metrics, timelines, and public reporting.
03
Ownership Transparency
Every license holder publicly discloses ownership structure and the percentage of Minnesota-based versus out-of-state ownership. Published quarterly. No more anonymous holding companies controlling a Minnesota market.
04
Tax Revenue Accountability
The 15% cannabis excise tax is allocated through a transparent framework — social equity reinvestment, the Resident Solution Fund, and public health infrastructure. Not a general fund where it disappears.
05
Legislative Watchdog
The Governor's office monitors all cannabis legislation and issues public statements on any bill that harms small operators, reduces social equity, or maintains criminal exposure. What is moving in the legislature — and who is moving it — becomes public information.
06
Local Ownership Preference
OCM creates a preferential licensing track for Minnesota-resident-owned businesses with majority Minnesota ownership. Profits from a Minnesota market stay in Minnesota communities.
07
Minnesota Lab Independence
The state builds in-state testing infrastructure so Minnesota operators are not held hostage to out-of-state lab backlogs. HF 3615's March 2027 testing extension is honored as a bridge — not a permanent condition.
08
Expungement — Finished. For Real.
The 2023 Cannabis Act promised automatic expungement. Most of it never happened. This directive sets a hard BCA deadline, creates a three-tier review framework, and launches a self-identification portal so no one who qualifies falls through the cracks of a bureaucratic backlog.
09
Consumption Lounges — Clear the Path
Consumption lounges are legal in Minnesota. In practice they are nearly impossible to open. OCM is directed to streamline the licensing pathway and push back on local moratoriums that contradict state law — so small resident operators can access a market that has been sitting untapped.
The Structure

Three Bills.
One Verdict.

Right now — while most people are not paying attention — the Minnesota legislature has bills on the floor that will decide who actually owns the cannabis market. Two of them are threats to residents and small operators. One of them is a tactical bridge this administration will support while we build the infrastructure to make it unnecessary. Here is where this Governor stands on each one.

01
HF 4397 — The Macrobusiness Monopoly

HF 4397 introduces a new "Cannabis Macrobusiness" license. On paper it replaces the medical combination business framework. In practice it clears the runway for the large medical entities that already control the top of the market to pivot instantly into adult-use — with infrastructure, capital, and regulatory relationships that no startup microbusiness can match. The "Macro" license is not a licensing category. It is a consolidation vehicle. It allows established corporate players to absorb market share before resident-owned microbusinesses are even established. Once that consolidation happens, it does not reverse.

HF 4397 — Veto Target

This bill clears the runway for corporate consolidation before local owners can plant roots. It creates a Macrobusiness advantage that squeezes out veteran-owned, minority-owned, and resident-owned microbusinesses before they have a chance to grow. This Governor will veto the Macrobusiness Monopoly. We maintain the decoupled supply chain. No Macros until the Micros are established.

Position: Will Veto · Reason: Protects Out-of-State Corporate Consolidation
02
HF 4398 — The Intent-to-Sell Trap

HF 4398 expands civil penalties for individuals found in possession with an "intent to sell" without a license. This is prohibition-era policing with a new label. The bill targets the small-scale resident grower — the person growing a few plants in their garage — while the state's own licensing portal remains a bottleneck that makes going legal nearly impossible for that same person. It is not about public safety. It is about revenue capture and maintaining enforcement pressure on the residents that legalization was supposed to free. The criminal exposure does not go away. It just gets reclassified as "civil."

HF 4398 — Veto Target

This bill brings back Civil Prohibition. It targets the individual resident while the licensing system remains inaccessible. We do not expand "intent-to-sell" penalties that bypass due process or return us to failed war-on-drugs tactics. We focus on license accessibility, not penalty escalation. This Governor will veto the Intent-to-Sell Trap.

Position: Will Veto · Reason: Returns Criminal Exposure to Legalized Residents
03
HF 3615 — The Lab Independence Bridge

HF 3615 extends the authorization for out-of-state cannabis testing through March 2027. This bill exists because the current administration failed to build Minnesota's own testing infrastructure before the market launched. That failure created a bottleneck — resident microbusiness operators cannot move product because there are not enough in-state labs to test it. HF 3615 is not a permanent solution. It is a holding measure that keeps small shops open while we build what should have been built before legalization launched.

HF 3615 — Tactical Bridge

This Governor will honor the March 2027 out-of-state testing extension — specifically to protect the Resident Microbusiness from being choked out by lab backlogs the current administration created. The extension is a bridge, not a destination. Directive 07 builds the Minnesota Lab Infrastructure that makes this extension unnecessary before it expires. Local testing. Local accountability. Local ownership of the supply chain.

Position: Support as Bridge · Timeline: March 2027 · Next Step: MN Lab Infrastructure Build
The operational reality: A resident who gets a microbusiness license cannot legally sell product they cannot test. An out-of-state lab backlog is not a regulatory inconvenience — it is a business killer. HF 3615 buys the time this state needs to build its own infrastructure. Opposing it without building the alternative is not principled. It is abandonment.

This Is
For You.

The people who voted for legalization. The people who were told this market would be for them. The people who are sitting on the outside of a market that was built with their tax dollars and sold to them as a new beginning.

The Aspiring Dispensary Owner
You live here. You want to open a shop in your community. You are being priced out by capital requirements built for corporations and buried by a licensing process calibrated for operators with full legal departments. This directive levels the field.
The Minnesota Farmer
You want to grow hemp or cannabis on your land. You are competing against industrial operations that can absorb regulatory costs you cannot. The supply chain should run through Minnesota farms, not around them.
Black and Native Minnesotans
Your communities absorbed the worst of cannabis criminalization — arrests, convictions, lost jobs, lost housing, lost opportunity. The legal market was supposed to be a correction. Instead you are the least-represented group in the licensed market. That is not an accident. It is a structural failure this directive is built to fix.
Every Minnesota Community
When cannabis profits stay in Minnesota — in the hands of local owners, taxed here, spent here — they recirculate through local economies. When out-of-state corporations run the market, the profits leave. Local ownership is economic policy.
The Person Who Got Arrested and Still Can't Get a License
You were convicted for cannabis conduct that is now completely legal. The state promised automatic expungement. It never happened. And now the market that was built partly as remedy for that harm is still locked to you — because a conviction the state was supposed to clear is still on your record. That is not justice. This directive fixes it. The expungement that was promised gets done. And a pending expungement does not block you from the social equity licensing track while you wait for the bureaucracy to catch up.
The Resident Who Wants to Open a Lounge
You saw the gap. You did the research. You found out consumption lounges are technically legal in Minnesota and nearly impossible to actually open — OCM slow-walking licenses, cities imposing moratoriums that contradict state law, a process designed to discourage anyone without significant legal resources. Your instinct was right. The market is untapped. This directive opens the door.
The Workforce Pipeline Graduate — D03 Connection
Directive 03 builds a cosmetology and barbering ownership track that gives pipeline graduates a startup grant to open their own shop. The cannabis market runs the same play — cannabis tax revenue funds the Resident Solution Small Business Startup Grant that backs resident operators trying to open their first licensed operation. The pipeline produces trained, licensed owners. This directive funds the launch. Same framework. Different market. Same commitment to resident ownership.

They Called It
Legalization.

Minnesota residents were told cannabis legalization would create jobs, generate tax revenue, reduce criminal exposure for everyday people, and open a new economic market for their communities. What actually happened was that the market was structured — quietly, deliberately — to benefit large, well-connected, often out-of-state operators. That is the bait and switch.
$27M
Cannabis tax revenue collected by Minnesota in 2025
That is money collected from a market Minnesota residents built with their votes. Where it actually went — and who got the licenses to generate it — is the question this directive forces into the open.
Source: Minnesota Department of Revenue, 2025
$430M
Projected Minnesota cannabis market size as the full adult-use market matures
That is not a small market. That is an economy. The question is whether that economy builds wealth for Minnesota residents or funnels it to out-of-state holding companies.
Source: Market projections, MN Office of Cannabis Management
15%
Excise tax on every cannabis sale in Minnesota
Every resident who buys cannabis pays 15 cents on the dollar to the state. This directive makes sure those 15 cents go back to work for the residents who paid them — not into a general fund with no accountability.
Source: MN Stat. 297D (Cannabis Tax)
65%
Local ownership protection written into Minnesota cannabis law — already under threat from HF 4397
Minnesota law already includes a 65% local ownership requirement. HF 4397's Macrobusiness license creates a mechanism to route around it before most resident operators are even established.
Source: MN Stat. 342, OCM licensing rules
LOW
Representation of Black and Native Minnesotans in the licensed cannabis market — despite bearing the highest arrest rates under prohibition
The communities most criminalized are the least represented in the legal market. That is not a gap. That is a structural outcome of how the licensing process was designed.
Source: MN Department of Human Rights, OCM licensing data
NOW
The window to stop HF 4397 and HF 4398 before they pass and lock in the corporate structure permanently
Market consolidation is not easily undone once it happens. The time to act is before the Macrobusiness licenses are issued. That time is right now.
Source: MN Legislature, 2026 session

The communities most harmed by cannabis criminalization — Black, Native, and low-income Minnesotans — are the least represented in the licensed market. That is not a coincidence. That is the result of licensing costs, capital requirements, and regulatory burdens specifically calibrated to exclude them. Social equity in cannabis licensing is not a political program. It is a debt. A market built on their criminalization owes them a seat at the table.

The Market.
Who Gets It.

A $430 million market is being built in Minnesota. These numbers show who is positioned to own it under the current structure — and what this directive changes.

$430M
Projected MN Cannabis Market
This is the Resident Wealth figure — the total economic value this market could generate for Minnesota. Under the current licensing structure, a significant portion of this flows to out-of-state ownership. Directive 07 changes who captures it.
Source: OCM Market Projections
$27M
Tax Revenue Collected in 2025
The first full year of adult-use sales generated $27 million in state tax revenue. That number grows as the market matures. This directive builds the accountability structure that makes sure it flows back to residents.
Source: MN Department of Revenue, 2025
15%
Excise Tax on Every Sale
Minnesota residents pay 15 cents on every dollar spent on cannabis. The Resident Solution Fund allocation in this directive maps exactly where those cents go — community reinvestment, rural health, and legal protection.
Source: MN Stat. 297D
65%
Local Ownership Floor — Already Under Attack
Minnesota law requires cannabis businesses to be 65% Minnesota-resident owned. HF 4397's Macrobusiness license creates a mechanism to route around this before the microbusiness market is even established. We protect the 65% rule.
Source: MN Stat. 342.22, OCM Rules
Mar '27
HF 3615 Testing Extension Deadline
HF 3615 buys time — specifically to March 2027 — for out-of-state lab testing while Minnesota builds its own infrastructure. This administration honors the extension and uses the time to build what should have existed before the market launched.
Source: HF 3615, MN Legislature 2026
The Corporate Siphon — Current Trajectory
Out-of-State Money In. Out-of-State Profits Out.
Under HF 4397, Macrobusiness licenses are issued to existing large medical operators — many with out-of-state ownership structures — before the microbusiness market is established. Those operators capture market share, set price dynamics, and build supply chain control that resident-owned businesses cannot compete against. The 65% local ownership rule faces immediate pressure. Tax revenue flows into a general fund with no accountability. Profits generated in Minnesota leave Minnesota.
The Resident Market — Directive 07
Minnesota Money. Minnesota Owners. Minnesota Communities.
Microbusinesses get established before any Macrobusiness expansion. Local ownership is protected and enforced. The 15% excise tax is allocated transparently across three defined channels — community reinvestment, rural health through Directive 05, and legal protection through Directive 02. Ownership transparency data is published quarterly so every resident can see who actually owns the market. Profits stay in the communities that built it.

Six Actions.
Day One.

Every step in this directive is tied to existing authority. None of it requires the legislature to act first. The Governor supervises the Office of Cannabis Management. That supervision starts the moment this order is signed.

1
OCM Licensing Review — 90 Days
The Office of Cannabis Management is directed to conduct a comprehensive review of all existing licensing fee structures, capital requirements, and regulatory burdens. The review specifically identifies every element that disproportionately excludes small Minnesota operators and favors large out-of-state corporations. The review produces a public report with specific reform recommendations within 90 days of signing. This is not a study. It is an order that produces binding changes.
2
Social Equity Licensing Track — Established with Metrics
OCM establishes a formal social equity licensing track with priority processing, reduced fee structures, and technical assistance for applicants from communities disproportionately impacted by cannabis criminalization. Vague social equity programs do not work. This one has metrics. Number of social equity licenses issued. Processing time. Approval rate. Business survival rate at 12 months. All of it published quarterly and publicly reported to the Governor's office.
3
Ownership Transparency — Quarterly Disclosure
All current and prospective cannabis license holders are required to publicly disclose complete ownership structure — including beneficial ownership, parent companies, and the percentage breakdown of Minnesota-resident versus out-of-state ownership. OCM publishes this data in a searchable public database updated quarterly. Every Minnesota resident can look up any licensed cannabis business and see exactly who owns it and where those owners are from. The era of anonymous out-of-state holding companies running a Minnesota market ends with this order.
4
Tax Revenue Allocation — Transparent Framework
The 15% cannabis excise tax is directed through a defined allocation framework established by this order. Revenue flows to three channels: community reinvestment in areas most harmed by cannabis criminalization, rural health infrastructure under Directive 05, and the legal representation pipeline under Directive 02. The specific split between channels will be set after fiscal analysis of actual program costs. What is locked in now is that the channels are named, the allocation is published, disbursements are tracked, and outcomes are publicly reported. It does not disappear into a general fund. That accountability structure is what this step establishes.
5
Local Ownership Preferential Track — OCM Rule
OCM establishes a preferential licensing track for businesses that are majority-owned by Minnesota residents, with an additional preference for owners residing in the community where the business will operate. When two otherwise equivalent applications compete for a license, Minnesota ownership wins. This is not a quota. It is a preference built into the scoring and selection criteria. Keeping profits in Minnesota is explicit policy.
6
Minnesota Lab Infrastructure — HF 3615 Bridge Activated
The Governor honors HF 3615's March 2027 out-of-state testing extension as a tactical bridge. Simultaneously, the Department of Agriculture and OCM are directed to develop a Minnesota Cannabis Testing Infrastructure Plan within 120 days. The plan identifies sites, funding mechanisms, certification pathways, and a build timeline that makes the HF 3615 extension unnecessary before it expires. We use the bridge. We build the road. We do not let the bridge become permanent.

What the Law
Already Allows.

The Governor supervises the Office of Cannabis Management. That authority exists in statute right now. Every action in this directive is within the executive authority granted by the Minnesota Constitution and the Minnesota Cannabis Act. The legal team will verify each citation prior to signing.

MN Stat. 342Minnesota Cannabis Act
The foundational statute governing cannabis legalization, licensing, and the Office of Cannabis Management. Establishes OCM's regulatory authority and the licensing framework this directive directs OCM to reform. The Governor's supervisory authority over OCM is rooted here.
MN Stat. 342.02OCM Structure & Supervision
Establishes the Office of Cannabis Management as a state agency under the executive branch, subject to the Governor's supervisory and administrative authority. This is the direct statutory hook for every directive in this order relating to OCM operations, licensing, and rulemaking.
MN Stat. 342.22Licensing Requirements
Governs the licensing framework for cannabis operators including local ownership requirements, applicant qualifications, and licensing fee structures. The 65% local ownership provision this directive protects is codified here. The Governor directs OCM to enforce these provisions and reform administrative rules that undermine them.
MN Stat. 342.25Social Equity Licensing
Existing social equity licensing provisions under the Minnesota Cannabis Act. This statute already establishes the framework for priority licensing from impacted communities. This directive does not create something new — it enforces what the legislature already required and has not been meaningfully implemented.
MN Stat. 297DCannabis Excise Tax
Imposes the 15% cannabis excise tax and establishes the framework for revenue collection. The allocation mechanism in this directive directs the Department of Revenue and Department of Finance to route cannabis tax revenues through the transparent framework established by EO 27-07.
MN Const. Art. V §3Executive Authority
The Governor's executive authority to direct state agencies, issue executive orders, and ensure that laws are faithfully executed. Every action in this order operates within the executive branch's existing constitutional authority. No new legislation required.

They Say.
My Answer.

The people who benefit from the current market structure will push back. Some of them will do it with legitimate-sounding arguments. Here is what they will say and the truth behind it.

They Say"Cannabis regulation needs to be strict to protect public safety."
My AnswerPublic safety and corporate consolidation are not the same thing. Strict regulations that protect consumers — product testing standards, labeling requirements, age verification — are not what this directive touches. What this directive challenges is the licensing cost structure, capital requirements, and regulatory burdens that were built to favor large operators. Those are not public safety measures. They are market control measures. This directive fixes the second. It does not weaken the first.
They Say"Social equity programs are unfair to other applicants."
My AnswerThe communities this directive prioritizes were the most prosecuted under cannabis prohibition. They lost jobs, housing, and opportunities because of cannabis arrests that are now considered outdated policy. The legal market was built on their arrests. A preference in licensing is not unfair. It is a correction for documented, measurable harm. Calling it unfair requires you to pretend the harm never happened. I am not pretending.
They Say"You can't just change licensing rules mid-stream."
My AnswerThe legislature changed the rules mid-stream when HF 4397 was introduced. That bill would hand Macrobusiness licenses to large medical operators before the microbusiness market is established — that is mid-stream rule changing that benefits corporations. When I direct OCM to reform fee structures and capital requirements, that is mid-stream rule changing that benefits residents. The question is not whether rules can change. They already are. The question is who the changes benefit.
They Say"Expungement is already available. Residents just have to apply."
My AnswerThat is exactly the problem. "Just apply" requires knowing you qualify. It requires knowing how to file. It requires paying fees or finding free legal help. It requires showing up to a hearing. For the people most likely to have qualifying cannabis records — people who already lost jobs and opportunities from those convictions — those are not small barriers. They are the whole obstacle course. Automatic expungement means the system does its job without requiring residents to navigate it. That is the difference.
They Say"The tax revenue is already allocated."
My AnswerGeneral fund allocation with no accountability is not the same as a transparent, publicly reported framework with defined channels and outcome tracking. "Already allocated" means it goes into a pool and residents never see a line item showing what it did. This directive creates the accountability structure that makes the allocation real. If the money is going to good uses, a transparent framework proves it. If it is not, a transparent framework exposes it. The only reason to oppose transparency is if you prefer the current opacity.
They Say"HF 4397's Macrobusiness license just modernizes the medical framework. It's not about consolidation."
My AnswerRead the bill. The Macrobusiness license replaces the medical combination framework and allows the largest existing operators to pivot directly into adult-use with advantages — infrastructure, supply chain, regulatory relationships — that no startup microbusiness can match. You do not need to call it consolidation for it to consolidate the market. The outcome is the same regardless of the label. I will veto HF 4397. The Micros get established before the Macros expand. That is the order of operations.
The Resident Solution Fund · Directive 07

This Directive
Pays For Others

Most directives draw from the Resident Solution Fund. This one feeds it. The 15% cannabis excise tax is one of the largest recurring revenue sources this campaign controls. For the first time, residents will see exactly where every dollar of that tax goes — and why.

Minnesota collected $27 million in cannabis tax revenue in 2025. As the market matures toward its $430 million projection, that figure grows significantly. This directive hard-codes a transparent allocation framework so that growth benefits residents, not just the general fund ledger.

01
Community Reinvestment
A defined portion directed to county-level reinvestment in communities most impacted by cannabis criminalization — Black, Native, and low-income communities that absorbed the highest arrest rates under prohibition. Education, workforce development, and direct community investment. The market that was built on their criminalization pays them back first. Exact allocation set after fiscal analysis.
02
Directive 05 — Rural Health & Recovery
A defined portion directed to the rural health infrastructure and addiction recovery hubs established under Directive 05. Cannabis tax revenue funding rural health access is not a contradiction — it is a recognition that legal, regulated cannabis and accessible recovery infrastructure must be built together. Exact allocation set after cross-directive cost analysis.
03
Directive 02 — Legal Representation
A defined portion directed to fund legal representation at point of removal and the parental rights infrastructure established under Directive 02. Revenue from one reform funds protection in another. A resident who needs a lawyer in family court should not be at a disadvantage because they cannot afford one. Exact allocation set after cross-directive cost analysis.
The Success Tax: Every 15 cents paid by a cannabis customer in Minnesota goes through this framework. The three channels are locked in. The specific split between them will be set after fiscal analysis of actual program costs across Directives 02 and 05 — because hard-coding numbers before doing the math is exactly the kind of thing this campaign does not do. The allocation is published. The disbursements are tracked quarterly. The outcomes are reported publicly. That visibility is the accountability.
Executive Order 27-07 — Cannabis Market & Economic Fairness Ready for Signature · Day One
STATE OF MINNESOTA Executive Department
Executive Order 27-07
Cannabis Market & Economic Fairness — Directing Reform of Cannabis Licensing, Social Equity Implementation, Automatic Expungement, Ownership Transparency, Tax Revenue Accountability, and Protection of Minnesota Resident Operators
GovernorTom Berhane
DateJanuary 4, 2027
StatusDraft — Legal Review Pending
Directive07 of 13
Whereas
The Governor of Minnesota is vested with executive authority pursuant to Article V, Section 3 of the Minnesota Constitution, and with supervisory authority over the Office of Cannabis Management pursuant to Minnesota Statutes chapter 342, and is charged with ensuring that the laws of this state are faithfully executed;
Whereas
Minnesota Statutes chapter 342, the Minnesota Cannabis Act, legalized adult-use cannabis with the stated purposes of creating economic opportunity for Minnesota residents, remedying the harms of cannabis criminalization, and establishing a regulatory framework that serves the public interest — purposes this administration affirms and intends to enforce;
Whereas
The implementation of cannabis legalization has produced a licensing structure with capital requirements, application fees, and regulatory burdens calibrated to large multi-state operators, which has disproportionately excluded small Minnesota entrepreneurs, minority-owned businesses, and resident operators from the legal market — an outcome inconsistent with the stated purposes of the Minnesota Cannabis Act;
Whereas
Minnesota Statutes section 342.25 establishes social equity licensing provisions intended to provide priority and reduced barriers to applicants from communities disproportionately impacted by cannabis criminalization — provisions that have not been implemented with the specificity, metrics, or accountability required to produce meaningful outcomes;
Whereas
Black Minnesotans and Native Minnesotans were arrested for cannabis offenses at rates far exceeding their share of the population, bore the greatest costs of prohibition in the form of lost employment, housing, and opportunity, and are currently the least represented groups among licensed cannabis operators — a structural outcome that demands a structural correction;
Whereas
House File 4397, introduced in the 2026 legislative session, would create a "Cannabis Macrobusiness" license that allows the largest existing medical cannabis operators to pivot into adult-use ahead of the established microbusiness market, conferring structural advantages — infrastructure, supply chain control, regulatory relationships — that cannot be matched by resident-owned startups, and would effectively consolidate market control before local ownership can take root;
Whereas
House File 4398, introduced in the 2026 legislative session, would expand civil penalties for cannabis possession with intent to sell without a license — a provision that reintroduces prohibition-era enforcement pressure on small-scale resident growers while the state's own licensing portal remains a documented bottleneck, and that targets the individual resident rather than addressing the market access failures that make unlicensed activity more accessible than legal alternatives;
Whereas
In contrast, House File 3615 extends authorization for out-of-state cannabis testing through March 2027 — a necessary operational measure that addresses a laboratory bottleneck created by the failure to build in-state testing infrastructure prior to market launch, and that protects resident microbusiness operators from being unable to sell legally tested product through no fault of their own;
Whereas
The 15% cannabis excise tax established under Minnesota Statutes section 297D generates significant and growing revenue from a market built on residents' votes, and that revenue has been directed to the general fund without a transparent allocation framework that demonstrates measurable benefit to the communities that voted for legalization and bore the costs of prohibition;
Whereas
Minnesota Statutes section 342.22 establishes a 65% local ownership requirement for cannabis license holders, and any legislative or administrative action that allows Macrobusiness consolidation before the microbusiness market is established would undermine the intent and effect of this existing local ownership protection;
Now Therefore, I, Tom Berhane, Governor of the State of Minnesota, by virtue of the authority vested in me by the Minnesota Constitution and applicable statutes, and in order to restore the cannabis market to its intended purpose — economic opportunity for Minnesota residents, remedy for the harm of criminalization, and transparent public benefit from tax revenue — do hereby order:
Small Operator Licensing Reform

The Director of the Office of Cannabis Management is directed to conduct a comprehensive review of all cannabis licensing fee structures, capital requirements, financial sufficiency standards, and administrative compliance burdens within 90 days of the effective date of this order. The review shall specifically identify every element that disproportionately excludes small Minnesota operators and individuals without access to significant outside capital, and shall produce binding administrative rule changes that reduce or remove such barriers. A public report of findings and adopted rule changes shall be published within 120 days. The 65% local ownership requirement under Minnesota Statutes section 342.22 shall be enforced without exception and strengthened through rulemaking where administrative interpretation has eroded its application.

Social Equity Licensing — Mandate with Metrics

OCM is directed to establish and enforce a social equity licensing track that provides priority processing, reduced application fees, technical assistance, and access to capital connection services for applicants from communities disproportionately impacted by cannabis criminalization, as defined pursuant to Minnesota Statutes section 342.25. This track shall include:

  • Defined numerical targets for social equity licenses issued in each calendar year
  • A maximum processing timeline for social equity applications not to exceed 60 days from complete submission
  • Quarterly public reporting of applications received, approved, denied, and business status at 12 months
  • A dedicated OCM staff position responsible for social equity applicant navigation and technical assistance

Vague social equity commitments without measurable outcomes are not compliance with this order. OCM shall report to the Governor's office quarterly on progress against defined targets.

Ownership Transparency — Public Quarterly Disclosure

All current cannabis license holders shall submit complete ownership disclosure to OCM within 60 days of the effective date of this order. All prospective license holders shall submit ownership disclosure as a condition of licensure. Disclosure shall include complete ownership structure, beneficial ownership, parent and affiliated company relationships, and the percentage breakdown of Minnesota-resident versus out-of-state ownership. OCM shall publish this data in a free, publicly searchable database updated on a quarterly basis. Any license holder that fails to provide accurate and timely disclosure, or that materially misrepresents ownership structure, shall be subject to license suspension and referral to the Attorney General.

Cannabis Tax Revenue Allocation — Transparent Framework

The Commissioner of Revenue and the Commissioner of Finance are directed to implement a transparent allocation framework for cannabis excise tax revenue collected pursuant to Minnesota Statutes section 297D. Beginning with the first full fiscal quarter following the effective date of this order, cannabis excise tax revenue shall be allocated across three defined channels:

  • Community reinvestment directed to communities most impacted by cannabis criminalization, distributed by county with priority weighting based on documented historical arrest disparities
  • Rural health and addiction recovery infrastructure established under Executive Order 27-05 (Directive 05)
  • Legal representation and parental rights infrastructure established under Executive Order 27-02 (Directive 02)

The specific percentage allocation between channels shall be established by the Commissioners of Revenue and Finance in consultation with the Governor's Office, based on fiscal analysis of actual program costs across the receiving directives, and published for public comment prior to implementation. The Departments of Revenue and Finance shall publish quarterly disbursement reports showing actual dollar amounts received, allocated, and disbursed to each channel within 30 days of each quarter's close. This allocation framework supersedes general fund routing until modified by statute.

Legislative Monitoring — Public Statements Required

The Governor's Office is directed to monitor all pending and introduced cannabis-related legislation during each legislative session and to issue public statements within 14 days of introduction on any bill that would: harm small or resident-owned cannabis operators; reduce or weaken social equity licensing provisions; expand criminal or civil penalties for cannabis conduct that is legal or should be legal under existing law; or reduce the transparency and accountability requirements established by this order. Public statements shall identify the bill by number, describe its effect on residents and small operators in plain language, and state the Governor's position. Minnesota residents have a right to know what is moving in the legislature and where this Governor stands on it before it becomes law.

Local Ownership Preferential Licensing Track

OCM is directed to establish a preferential licensing track for cannabis businesses that are majority-owned by Minnesota residents, with an additional scoring preference for business owners residing in the community where the licensed operation will be located. Where two or more otherwise qualified applications compete for a limited license, Minnesota-resident ownership shall be a determinative scoring factor. OCM shall adopt administrative rules implementing this track within 90 days. This preference operates in addition to — and does not replace — the social equity licensing track established elsewhere in this order.

Minnesota Lab Independence — HF 3615 Bridge Honored

This administration shall honor the out-of-state cannabis testing extension established by HF 3615 through March 2027 as a tactical operational measure to protect resident microbusiness operators from laboratory backlogs created by the failure to build in-state testing infrastructure prior to market launch. Simultaneously, the Department of Agriculture and OCM are directed to produce a Minnesota Cannabis Testing Infrastructure Plan within 120 days, identifying: candidate facility sites and counties; funding mechanisms including grants, bonding, and public-private partnership structures; state certification pathways for Minnesota testing laboratories; and a build and certification timeline designed to make the HF 3615 extension unnecessary before its March 2027 expiration. The extension is a bridge. This order builds the road.

Cannabis Expungement — Completed

The 2023 Cannabis Act required automatic expungement of qualifying convictions. That process was ordered but not completed. This administration finishes it through three tiers:

  • Tier 1 — Automatic completion. The Bureau of Criminal Apprehension is directed to complete all expungements for convictions solely involving conduct now legal under Minnesota law within 180 days of signing. No individual action required. Hard deadline. No extensions.
  • Tier 2 — Expedited review board. Convictions in the gray zone — amounts slightly over the legal threshold, intent-to-sell charges for small quantities, circumstances suggesting personal use that were charged higher — are reviewed by an administrative review board with a 90-day turnaround requirement. The burden of proof shifts to the state to justify why expungement should not occur, not to the individual to prove they deserve it.
  • Tier 3 — Standard petition process. Convictions that do not qualify for Tier 1 or Tier 2 may still be petitioned through existing court processes. No new resources are added to this tier — the standard process remains available.

The OCM/BCA Expungement Self-Identification Portal is hereby established. Any individual who believes they qualify for Tier 1 expungement but whose record has not been cleared may submit their conviction documentation through the portal. The portal conducts a preliminary eligibility screen and routes qualifying submissions to a BCA reviewer with a mandatory 30-day response requirement. Submissions that do not qualify for Tier 1 are automatically flagged for Tier 2 review with notification to the applicant. No lawyer is required to submit. No fees are charged.

Licensing bridge: Any individual whose Tier 1 expungement is identified as qualifying but not yet processed due to BCA backlog is eligible for the social equity licensing track immediately — pending status is sufficient. Residents do not wait for bureaucratic processing to access the market that was built partly as remedy for the harm they experienced.

Consumption Lounge Licensing — Clear the Path

Consumption lounges are authorized under Minnesota law. In practice, the licensing pathway has been slow-walked by OCM and blocked by local moratoriums that contradict state law. This administration corrects both failures:

  • OCM is directed to establish a streamlined consumption lounge licensing track with a maximum 90-day processing timeline from complete application submission
  • OCM shall publish clear, plain-language guidance on consumption lounge requirements within 60 days of signing — eliminating the ambiguity that has been used to slow-walk approvals
  • The Governor's Office of Legal Counsel is directed to review any municipal moratorium on consumption lounge licensing for consistency with state law and preemption — local governments may regulate but may not nullify a license category the state has authorized
  • Consumption lounge licenses shall be included in the preferential licensing track for Minnesota-resident-owned businesses established by this order

The consumption lounge market is the most underdeveloped segment of Minnesota's legal cannabis framework. It is also the segment most accessible to small resident operators — a lounge requires a venue and a license, not an industrial grow operation or a multi-million dollar dispensary buildout. This directive opens that door. The residents who identified this gap first should be the ones who walk through it.

Effective Date & Implementation

This Executive Order is effective immediately upon signing and shall remain in effect for the duration of this administration, or until superseded by statute establishing equivalent or greater protections for resident operators, social equity applicants, and the accountability mechanisms established herein. Agency heads shall submit implementation plans to the Governor's Office within 30 days of signing. Nothing in this order shall be construed to weaken consumer safety standards, product testing requirements, or age-verification requirements applicable to licensed cannabis operators.

A determination that any provision of this Executive Order is invalid will not affect the enforceability of any other provision of this Executive Order. Rather, the invalid provision will be modified to the extent necessary so that it is enforceable.
______________________________
Tom Berhane
Governor, State of Minnesota
Signed January 4, 2027
______________________________
[Secretary of State]
Secretary of State, State of Minnesota
Filed According to Law
This Is
Directive 07

They told you legalization was for you. Then they built a market for everyone else. The receipts are public. The bills have numbers. This directive names them, vetoes the ones that hurt you, and builds the market that was promised. Day one.

Stand With The Resident Solution