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. Under Minnesota state laws, marijuana crimes are listed in Chapter 152 of the Minnesota Statutes. Marijuana is defined as a Schedule I Controlled Substance. 

Minnesota also has different laws between “sale crimes” and “possession crimes” and it is important to know the different between the two.  In fact, Minnesota Marijuana laws have been known to be very absurd and complex and it would be important to consult with an experienced knowledgeable criminal defense attorney who knows the ins and outs of Minnesota marijuana laws since it would mean the difference between a conviction and a dismissal.

What is Possession of Marijuana in Minnesota?

Under Minnesota law, possession of marijuana means either in the actual possession of a person or can be constructive possession in where the person would have control over the drug (e.g. car, house).  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 kg or more

30 years in prison and $1,000,000 in fines

50 kg to 100 kg

25 years in prison and $500,000 in fines

10 kg to 50 kg

20 years in prison and $250,000 in fines

42.5 g to 10 kg

5 years in prison and $10,000 in fines

Less than 42.5 g

$200 fine and 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.

What Are the Laws of Sale of Marijuana in Minnesota?

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 kg or more into the state

35 years in prison and $1,250,000 in fines

50 kg or more

30 years in prison and $1,000,000 in fines

25 kg to 50 kg

25 years in prison and $500,000 in fines

5 kg to 25 kg

20 years in prison and $250,000 in fines

42.5 g to 5 kg

5 years in prison and $10,000 in fines

Less than 42.5 g

$200 fine and drug education

What Are the Laws on Medical Marijuana in Minnesota?

At the end of May 2014, Minnesota enacted a medical marijuana program. Beginning in July 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:

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 that prohibits patients from smoking marijuana

Do I Need a Criminal Defense Lawyer?

Marijuana laws have been known to be very absurd and complex and it would be important to consult with a experienced, knowledgeable, and local criminal defense attorney who knows the ins and outs of Minnesota marijuana laws since it would mean the difference between a conviction and a dismissal.

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Last Modified: 06-06-2017 12:54 AM PDT

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