Last reviewed November 2023

Minnesota Issue Guide
Legal Age in Minnesota

This guide is compiled by staff at the Minnesota Legislative Reference Library on a topic of interest to state legislators. It introduces the topic and points to sources for further research. It is not intended to be exhaustive.

Getting Started on Legal Age Research

• Index: The Minnesota Statutes link directly to statutes that deal with AGE and MAJORITY (AGE). Minnesota Statutes, section 645.451 provides general definitions for the terms minor, adult, minority, majority, legal age, and full age.
• Definition: "Age of majority" is the legal age established under state law at which an individual is no longer a minor and, as an adult, has the right and responsibility to make certain legal choices. It is also the most common trigger for terminating child support payments. In most states, the age of majority is 18; however, it is commonly extended for youth still in high school.
• Publication: Youth and the Law: A Guide for Legislators, by the Minnesota Legislature's House Research Department.

Selected Age Provisions Relating to Youth

The following citations are from Minnesota Statutes unless otherwise noted.

Adult Prosecution (Juvenile Transfer to Criminal Court)

• Age limitations: 609.055

Boating and Water Recreation

• See Motor Vehicles (Licenses, Operation, & Registration)

Body Piercing

• Age limitations: 146B.07, subdivision 2

Cannabis

• Personal adult use of cannabis: 342.09. Effective August 1, 2023, Minnesotans 21 and older may possess and use certain amounts of cannabis and cannabis products. Cannabis is still illegal on federal property. 
• The legislation allows adults age 21 and older to possess or transport up to 2 ounces of cannabis flower, 8 grams of concentrate and 800 milligrams of edible product (including low-potency hemp-derived product). An adult may also possess up to two pounds of cannabis flower in a private residence.
• People 21 and older can grow a limited amount of cannabis at home.
• Additional information: Minnesota Office of Cannabis Management. See also the Legislative Reference Library's guide to Cannabis. 
• Additional information related to medical cannabis: Minnesota’s Medical Cannabis Program -- Minnesota House Research Department

Cigarettes (Including Electronic Cigarettes)

• See Tobacco Products

Curfew

• Age limitations: 145A.05, subdivision 7a, states that a county board may adopt an ordinance establishing a county wide curfew for unmarried persons under 18 years of age.
• Additional information: Minnesota County and Municipal Ordinances -- check your county or city curfew restrictions.

Drinking Age

• Persons under 21: 340A.503
• Misdemeanors: 340A.703
• Petty offenders: 260B.235
• Underage drinking and driving (Not a Drop Law): 169A.33
• Confections containing alcohol: 31.76
• History: Prior to 1973, the drinking age was the age of legal adulthood (age of majority), which was 21 (Minnesota Statutes 1971, section 645.45). In 1973, the age of majority was lowered from 21 to 18. This dropped the drinking age to 18 (Laws of Minnesota 1973, chapter 725, effective June 1, 1973). The legal drinking age was raised to 19 in 1976 (Laws of Minnesota 1976, chapter 66, effective September 1, 1976). The drinking age was raised to the current age of 21 in 1986 (Laws of Minnesota 1986, chapter 330). It included a grandfather clause: persons who were 19 years old by September 1, 1986 were treated as 21 year olds for liquor law purposes.

Driving

• See Motor Vehicles (Licenses, Operation, & Registration)

Education

• Age limitations: 120A.20
• Compulsory instruction: 120A.22

Elections

Candidates for public office

• Governor and Lieutenant Governor: Minnesota Constitution, article 5, section 2
• Other elective offices: Minnesota Constitution, article 7, section 6
• Filing for primary; affidavit of candidacy: 204B.06

Voting

• Eligibility to vote: 201.014
• Elective franchise: eligibility: Minnesota Constitution, article 7, section 1
• Voter registration: 201.054. An individual who is under the age of 18, but who is at least 16 years of age and otherwise eligible, may submit a voter registration application. 
• Preregistration: 201.061. As of June 1, 2023, 16- and 17-year-olds are eligible to pre-register to vote.
• Additional information: Election Administration and Campaigns (Minnesota Secretary of State)

Emancipation of a Minor

• Background: Emancipation means that a minor has the same legal rights and obligations as an 18-year-old adult. The Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal marriage or by parental consent. For additional information see, Youth and the Law: A Guide for Legislators, p. 59-61.

Employment

• Amusement parks, minimum age for safe amusement ride operation: 181A.04, subdivision 7
• Child labor: 181A.01-181A.12
• Lawn care equipment operation: 181A.116
• Additional information: Child Labor Laws -- Minnesota Department of Labor & Industry

Firearms

• Possession of firearms by persons under age 16: 97B.021
• Rifles and shotguns in public places: 624.7181, subdivision 2
• Pistols or semiautomatic military-style assault weapons: 624.713
• Additional information: Minnesota Firearms Law for Minors -- Minnesota House Research Department

• Recent news: "National Groups Intervene in Federal Suit Over Minnesota's Age Limit for Carrying Handguns." Star Tribune, September 4, 2022. 

Foster Care

• Foster care benefits past age 18: 260C.451; Definitions: 260C.452

Fishing and Hunting

Fishing

• License requirements: 97A.451
• Trout and salmon stamps: 97C.305
• Sale of leeches: 97C.501, subdivision 3
• Additional information: Minnesota Fishing Regulations -- Minnesota Department of Natural Resources

Hunting

• License requirements: 97A.451; License Fees: 97A.475
• Small game license: 97B.601, subdivision 4
• Youth deer license: 97B.301, subdivision 6
• Elk license: 97A.433, subdivision 2
• Moose license: 97A.431, subdivision 2
• Turkey license: 97A.435, subdivision 2
• Pheasant stamp: 97B.715
• Turkey stamp: 97B.721
• Migratory waterfowl stamp: 97B.801
• Canada goose license: 97B.802
• Firearms: 97B.015, subdivision 5 (safety course); 97B.021 (possession)
• Additional information: Minnesota Hunting and Trapping Regulations -- Minnesota Department of Natural Resources

Gambling

• Lawful gambling: 349.181
• Pari-mutuel betting: 240.13, subdivision 8, 240.25, subdivision 8
• State lottery: 349A.12
• Indian Compacts: 3.9221. See also section 4.3 of the Video Games of Chance Compact and the Blackjack Compact, which appears on page 41 of the publication Report to the Legislature on the Status of Indian Gambling in Minnesota (September 5, 1991).
• Additional information on Minnesota's gambling laws: Minnesota Gambling Control Board; Minnesota Racing Commission; Minnesota State Lottery

Health Care

• Consent for self when living apart from parents and managing financial affairs: 144.341
• Marriage or giving birth, consent for health service for self or child: 144.342
• Pregnancy, venereal disease, alcohol or drug abuse, abortion: 144.343
• Emergency treatment: 144.344
• Additional information: Minors' Consent for Health Care -- Minnesota House Research Department

Hemp Derived Products (THC)

• Sale of certain cannabinoid products: 151.72. As of July 1, 2022, Minnesotans 21 or older can buy edibles and beverages containing up to 5 milligrams of THC per serving and 50 milligrams per package. 

Homeless Youth

• Homeless Youth Act: 256K.45, subdivision 1a (definitions) 
• Identification card for homeless youth: 171.07, subdivision 3b

Marriage

• Age limitations: 517.02
• Governor Walz signed Laws of Minnesota, chapter 76 on May 12, 2020 eliminating any provisions for marriage by minors.The bill (HF745*/SF1393) prohibits marriage by those under 18 in all circumstances and requires Minnesotans to provide proof of age during the marriage application process (effective August 1, 2020). Previous law allowed 16- and 17-year-olds to obtain marriage licenses with permission from a parent, legal guardian, or judge.

Motor Vehicles (Licenses, Operation, & Registration)

On-Road & Farm Vehicles

• Auto insurance for minors: 65B.136
• Drivers license: 171.04
• Provisional license: 171.055
• Instructional permit: 171.05
• Ownership, registration by person under age 18: 168.101
• Motorcycle, motor scooter, motor bike, motorized bicycle: 169.974; 169.223
• Seat belts: 169.685 (passenger restraint system for children); 169.686 (seat belt requirements)
• Restricted license for farm work: 171.041

Off-Road & Recreational

• Off-road vehicles: 84.798, subdivision 9 (registration); 84.802 (operation).
• All-terrain (ATV): 84.922, subdivision 10 (registration); 84.925 (training); 84.9256 (operation).
• Off-highway motorcycles: 84.788, subdivision 10 (registration); 84.793 (operation)
• Snowmobiles: 84.82, subdivision 8 (registration); 84.862 (training); 84.872 (operation)
• Watercraft: 86B.101 (training); 86B.305 (operation)
• Personal watercraft: 86B.313, subdivisions 2 and 3

Additional information on Minnesota motor vehicle and watercraft laws

• Boating and Water Recreation Regulations -- Minnesota Department of Natural Resources
• Low-Power and Unconventional Vehicles -- Minnesota House Research Department
• Minnesota Drivers Manual -- Minnesota Department of Public Safety
• Motorcycle, Motorized Bicycle (Moped), and Electric-Assisted Bicycle Manual -- Minnesota Department of Public Safety
• Off-Highway Vehicle Regulations -- Minnesota Department of Natural Resources
• Snowmobile Regulations -- Minnesota Department of Natural Resources
• Teen Driver Laws -- Includes nighttime driving limitations, passenger limitations, cell phone and texting restrictions and more from the Minnesota Department of Public Safety

Restraining Orders (Petition by an Emancipated Minor)

• Harassment; Restraining Order: 609.748

Sexual Conduct (Criminal)

• First degree: 609.342
• Second degree: 609.343
• Third degree: 609.344
• Fourth degree: 609.345
• Fifth degree: 609.3451

Tanning Beds

• Tanning facility restrictions: 325H.085

Tattoos (Body Art)

• Age limitations: 146B.07

Tobacco Products

• Age limitations: 609.685
• On December 20, 2019, President Donald Trump signed legislation (H.R.1865) to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of the sale of tobacco products from 18 to 21 years. It is now illegal for a retailer to sell any tobacco product – including cigarettes, cigars and e-cigarettes – to anyone under 21.
• On May 16, 2020, Governor Tim Walz signed into law legislation known as Tobacco 21. Laws of Minnesota 2020, chapter 88 (HF331*/SF463) raises the age for residents to buy tobacco products from 18 to 21 as of August 1, 2020. The change to state law includes electronic delivery devices and other nicotine products. 
• Additional information: Regulation of Electronic Cigarettes -- Minnesota House Research Department