Eagan, MN Public Conduct: Public Marijuana Use (2026)

Eagan City Code Sec. 10.61, adopted by Ord. No. 621, 2nd series, effective October 6, 2023, prohibits using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products within public property or in a public place anywhere in the City of Eagan. Subd. 1 defines those substances by reference to Minn. Stats. § 342.01, the state law enacted in 2023 that legalized adult-use cannabis statewide, and the ordinance narrows where consumption can lawfully occur. "Public property" is defined broadly to include city buildings and the land under them, parking lots, parks, pathways and trails, city rights-of-way including the traveled roadway and abutting boulevard, sidewalks and trails, and city personal property such as vehicles and equipment.

"Public place" means any property generally open to or accessible by the public, with a carved-out exception for premises licensed by the State of Minnesota to permit on-site consumption, such as a cannabis event venue or licensed lounge. Subd. 2 states the operative prohibition in a single sentence: no person shall use the listed products within public property or in a public place. Subd. 3 sets the penalty at a petty misdemeanor, Minnesota's lowest criminal classification, which carries no jail time but can bring a fine up to $300.

The Eagan Police Department enforces the section as part of routine patrol of parks, trails and downtown areas, and a citation can be issued on the spot when an officer observes consumption in a covered location. The ordinance sits in Chapter 10, Public Protection, Crimes and Offenses, alongside the city's other nuisance and public-order provisions, and its general penalty backstop at Sec. 10.99 punishes chapter violations as misdemeanors except where a section states its own penalty, which Sec. 10.61 does.