On August 3 in Albert Lea, Minnesota, The Smoking Tree opened to the public. Owned by 29-year-old Jacob Schlichter, it is the state’s first state-licensed cannabis retailer.
That “state-licensed” distinction is important. Nearly a dozen Tribal Nations in Minnesota have been selling cannabis under their own sovereign regulations for more than a year. Schlichter’s store is the first to open under the state’s new licensing program, which Governor Tim Walz signed into law in 2023 under HF 100. Schlichter was present at the signing ceremony.
A License Followed by a Local Roadblock
The Smoking Tree’s path to opening was not straightforward. On July 17, after a year-long application process with the Minnesota Office of Cannabis Management, Schlichter received his social equity microbusiness license and paid his city registration fee the same day.
On July 28, the Albert Lea City Council voted 4–3 against approving his registration. Schlichter says this decision violates Minnesota Statute 342.13(b), which prohibits local governments from banning state-licensed cannabis businesses. City officials who voted “no” cited a lack of local control in the state licensing process, disagreement with legalization itself, and concerns about potential loss of state local government aid and litigation risk. The city attorney told council members that blocking the license would likely lead to a lawsuit, and the city would have a “low likelihood” of winning.
“This has been no easy feat. I’ve spent years getting to this point. Nearly a whole decade of my life, and I’m not even 30 yet,” Schlichter told High Times. “To have my time, money, and good intentions cast aside because the City Council and my Mayor don’t like how my state handled legalization is a slap in the face. There’s plenty of modern research and education out there about cannabis. Either educate yourselves and your constituents or move aside for someone who will. All you are doing is hurting local business and preventing the creation of local jobs, all while putting the city in a position to have to use city taxes for what might be a frivolous legal defense.”
Despite the council’s opposition, Schlichter proceeded with his opening.
Operating in an Unfinished Market
Minnesota’s cannabis supply chain is still taking shape. Licensed cultivators and manufacturers are not yet fully operational, limiting the products available to retailers. Schlichter says The Smoking Tree may source from local Tribal Nations until the state-licensed supply is ready.
“I’m just trying to build something good for this community,” he said. “This is about creating jobs, keeping dollars local, and giving people safe, legal access.”
A Test for Minnesota Legalization
The Smoking Tree’s opening is a case study in the early challenges of implementing adult-use legalization. Similar disputes have surfaced in other states where local governments have pushed back against state cannabis laws, often over local control and policy disagreements.
Whether the shop thrives may depend on the pace of Minnesota’s licensing process, the state’s supply chain rollout, and the ability of local and state officials to work within the legal framework established under HF 100.
Photo courtesy of Jacob Schlichter
