Marijuana Laws in Minnesota

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What Are the Marijuana Laws in Minnesota?

Like most states, cultivation, sale, and possession of marijuana are illegal in Minnesota.

Cultivation

Sentencing for cultivation of marijuana is based on the aggregate weight of the marijuana grown.

Possession

In Minnesota, the penalty for marijuana possession is based on the quantity found on the defendant. Note that if the defendant has less than 42.5 grams, the charge will only be a petty misdemeanor. Any possession over 42.5 grams will be a felony under Minnesota law.

Quantity
Maximum Penalty
100 kilograms or more
30 years in prison and $1,000,000 in fines
50 kilograms – 100 kilograms
25 years in prison and $500,000 in fines
10 kilograms – 50 kilograms
20 years in prison and $250,000 in fines
42.5 grams-10 kilograms
5 years in prison and $10,000 in fines
Less than 42.5 grams
$200 fine, drug education

Possession of more than 1.4 grams inside one's vehicle, except the trunk, is a misdemeanor punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $1,000. If a sentencing court finds that a convicted defendant unlawfully sold or possessed marijuana while driving, the court can have the defendant’s driver’s license revoked for thirty days.
 
Sale
Like possession charges, the sale of marijuana in Minnesota is punished based on the amount of marijuana found on the defendant. Note that if the defendant sells less than 42.5 grams, the charge will only be a petty misdemeanor. Any sale over 42.5 grams will be a felony under Minnesota law.
 
Minnesota levies additional penalties if marijuana is sold to a minor or within a school zone. Selling or distributing marijuana within a school zone is a felony punishable by a maximum sentence of 15 years imprisonment. Sale to a minor is a felony punishable by a maximum sentence of 20 years imprisonment.

Quantity
Maximum Penalty
Importing 50 kilograms or more into the state
35 years in prison and $1,250,000 in fines
50 kilograms or more
30 years in prison and $1,000,000 in fines
25 kilograms - 50 kilograms
25 years in prison and $500,000 in fines
5 kilograms - 25 kilograms
20 years in prison and $250,000 in fines
42.5 grams - 5 kilograms
5 years in prison and $10,000 in fines
Less than 42.5 grams
$200 fine, drug education

What If I Have a Doctor's Permission to Possess Medical Marijuana?

At the end of May 2014, Minnesota enacted a medical marijuana program. Beginning in July of 2015, four state-approved dispensaries will begin supplying patients with marijuana. Qualified patients must register with the state and be certified by a state licensed physician. Only patients with certain conditions can register for the program.
 

The law lists the conditions for which marijuana may be prescribed as:

  • Cachexia
  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Tourette's Syndorme
  • ALS
  • Epilepsy
  • Multiple Sclerosis
  • Crohn's Disease
  • Terminal illness with a life expectancy of under one year

The Health Commissioner can recommend the addition of other conditions before July 1st, 2016. Minnesota patients should also be aware that they are not allowed to smoke marijuana. Patients will be sold marijuana as a pill, liquid, or as a vapor. New York is the only other state with a medical marijuana program which prohibits patients from smoking marijuana

How Does Federal Law Fit Into This?

It is very important to remember that Minnesota’s laws have no effect on the Federal Law banning all marijuana. This means that federal agents can still arrest you and sentence you to federal crimes, even if you are using marijuana under the guidance of a doctor.

Do I Need a Lawyer?

The interactions of state and federal law around medical marijuana can be very confusing, so you should contact a criminal defense attorney immediately to help understand exactly what rights you have in Minnesota, even if you haven't been arrested.

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Last Modified: 07-24-2014 04:10 PM PDT

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