Marijuana laws have changed so much in the last several years, all over the country, and, naturally, there is confusion over what the actual laws are in each state. What is legal and what is not?
You can possess, buy, and even grow your own marijuana in some states while in others you may have to have a doctor’s prescription. Marijuana also remains completely illegal in several states.
So, what are Minnesota’s exact laws around marijuana at this time and what circumstances would you face if you broke one of these laws?
Is There A Legal Amount Of Marijuana You Can Possess In Minnesota?
The answer is both yes and no and the details can be confusing, especially with the promises of future changes. Remember, marijuana is always illegal federally, no matter the state you are in, and each state has different laws regarding the use of THC.
Recreational marijuana is illegal in Minnesota, but you can only be charged with an actual crime if you have more than 1.5 ounces in your possession. If you have more than the 1.5 ounces and less than 42.5 grams, then you may be charged a fine of up to $200. This is called a non-petty misdemeanor that will not result in an arrest or even show up on your arrest records.
You will still pass any criminal background checks conducted by your employer, for example.
It is also a petty misdemeanor if you are caught with less than 1.4 ounces of marijuana in your car due to issues surrounding the transportation of an illegal substance. In Minnesota, the penalties for growing marijuana mirror that of penalties for possession.
It is illegal to grow marijuana in Minnesota. In some states where medicinal marijuana is legal, they allow a patient to grow a certain amount of plants for their personal use. Minnesota does not allow you to do this as you are not allowed to possess marijuana in its original plant-form for medicinal use.
The consequences pertaining to the amount of marijuana that is on your plants, if you are caught growing, coincides with the amount, and consequences, of marijuana possession:
- Less than 42.5 grams is a misdemeanor with a $200 fine and no arrest or jail time
- Between 42.5 grams and less than 10 kg is a felony and you can spend up to five years in prison with a $10,000 fine
- 10-50 kg felony could put you in prison for up to twenty years with a fine of $250,000.
- 50-100 kg felony is twenty-five years in prison and a fine of up to $500,000
All of these consequences can increase if you are suspected of intending to sell what you possess. Though it is difficult to prove that you intended to sell the marijuana that you have, the consequences for doing so are not only based on how much you sell, but who you intend to sell it to and where you intend to sell it.
If you sell the drugs near a school or to a minor, for example, the consequences greatly increase and walking away from such charges is much more difficult, even if it is your first offense.
The best way to keep your THC use legal is to get a medical marijuana prescription from your doctor and apply for a card, if you are allowed.
Medical marijuana is legal in Minnesota as long as you follow certain rules and restrictions:
- have a marijuana license given with a doctor’s prescription
- suffer from one of the many qualifying conditions as described in Minnesota’s Medical Cannabis Therapeutic Research Act, recently amended in July of 2020
- possess no more than a one-month supply of non-smokeable preparation (liquid, pills, oils, vaporized, approved edibles, etc.)
- do not grow your own
- must be in patients possession and not caregivers possession unless the patient is a minor and the caregiver follows certain rules
- must be acquired by one of the state-licensed dispensaries
As long as you follow each of the rules, it is legal for you to obtain, carry, and use THC legally in specific places.
If you feel as if you have been denied a license unjustly, contact a knowledgeable attorney who can give you advice and guide you through an appeals process.
The future of marijuana in Minnesota may be changing soon. But until then, you are going to need our help if you are caught with more than 42.5 grams of THC.
Who Do We Call For Help?
There is a high chance that first-time offenders can walk away from a misdemeanor marijuana case and drug rehabilitation can be suggested over jail time. You will need an effective attorney with proven results by your side in the courtroom.
Contact us at Anderson Law Firm, PLLC if you have been caught with marijuana or any type of drug. We are knowledgeable and experienced in drug charges and will work our hardest to get you the best deal possible. Perhaps you can even walk away without consequences. We can help!
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.