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Dakota County, MN Public Conduct: Public Marijuana Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Dakota County Ordinance No. 107, § 3.2
State carve-out
Allowed only as permitted by state statute
Prescription exception
Lawful prescription drugs excepted
Enforcement
Park staff and local law enforcement
Penalty basis
Minn. Stat. § 398.34

Summary

Dakota County's park ordinance bars using, possessing, or transferring any controlled substance on park property, including cannabis, except as allowed by Minnesota statute, and bans being intoxicated to the point of losing motor skills.

These county ordinances apply to unincorporated areas of Dakota County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

1. Use, possess, consume, or sell any Alcoholic Beverages or Controlled Substances in violation of Minnesota Statutes... 5. Use, manufacture, possess, sell, give away, barter, exchange, distribute, or otherwise transfer any Controlled Substance, except on a lawful prescription by a person licensed by law to prescribe and administer Controlled Substances, or as allowed by state statutes. 6. Be under the influence of a hazardous substance or drugs or alcohol to the point of intoxication, or loss of motor skills or consciousness, or other factors that may injure the party or adversely affect other park visitors.

Full Breakdown

Ordinance No. 2 makes it unlawful in a County Park to use, possess, consume, or sell any Controlled Substance in violation of Minnesota Statutes, and separately bars anyone from using, manufacturing, possessing, selling, giving away, bartering, exchanging, distributing, or otherwise transferring a Controlled Substance, except under a lawful prescription from a licensed provider or as allowed by state statute. Because Minnesota's adult-use cannabis law (Minn. ch. 342) permits limited private possession and use for adults 21 and older, the ordinance's 'as allowed by state statutes' carve-out is what actually governs whether cannabis use is lawful in a given park setting; conduct the state statute does not authorize remains prohibited on county park land.

The ordinance also separately bars being under the influence of a hazardous substance or drugs to the point of intoxication, loss of motor skills or consciousness, or in a condition that could injure the person or adversely affect other park visitors. 1 rests with designated Park employees, who may direct a violator to leave, and with local law enforcement agencies with jurisdiction over the park, who may also enforce any state law violation occurring on the property.

Violations & Fines

A Section 3.2 controlled-substance violation is punishable under Minn. Stat. § 398.34 per Ordinance 107 Section 8.2. Park staff may eject a violator from the park for at least 24 hours under Section 8.1, and the county may issue a formal trespass order barring repeat or serious offenders from all county park property.

Frequently Asked Questions

Is marijuana use allowed in Dakota County parks?
Section 3.2 of Ordinance 107 prohibits controlled-substance use in county parks except as allowed by state statute. Minnesota's adult-use cannabis law permits limited private possession for adults 21+, but conduct that falls outside that state authorization remains unlawful on park property.
Can park rangers remove someone for drug use?
Yes. Under Section 8.1, designated Park employees can direct a violator to leave, and local law enforcement with jurisdiction over the park can enforce both the ordinance and any state drug law violation occurring on county park property.
What is the penalty for violating the controlled substance rule?
Violations of Section 3.2 are punishable under Minn. Stat. § 398.34, as set out in Ordinance 107 Section 8.2, and can also result in ejection from the park for at least 24 hours or a trespass order for repeat offenders.

Sources & Official References

Other rules in Dakota County

All Dakota County rules

Compare Dakota County to another location·View the Minnesota public conduct overview

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