MN MJ: A Primer on Minnesota’s New Marijuana Laws – Part II

Recently, we went over the limitations on Minnesota’s New Marijuana Laws, including age, amount, and location in Part I. In this installment, we evaluate possession and sales offenses. What evolved are new crimes called “Possession of Cannabis” and “Sale of Cannabis”. The traditional controlled substance crime still includes cannabis flower, products, and plants but at larger quantities than the new cannabis law. The idea and process of the new law is quite simple the more a person possesses over the legal amount allowed by the law the more severe the criminal punishment. Here is a handy-dandy breakdown:

Level of Crime and Max Consequence Amount of cannabis plants cultivated Amount of Cannabis Flower Amount of Cannabis Concentrate Amount of cannabis products, lower-potency hemp edibles, or hemp-derived products infused with tetrahydrocannabinol Use of Cannabis in a Public Place Sale of cannabis flower, concentrate, cannabis products, lower-potency hemp edibles, or hem-derived products
1st Degree Felony – Max 5 Year Prison 23+ plants 2+ pounds of flower but less than 10kg 160+ grams but less than 2kg 16+ grams but less than 200 grams of infused tetrahydrocannabinol N/A 2+ ounces of flower, 8+ grams of concentrate, and/or 800+ milligrams of tetrahydrocannabinol products to a minor (36 months younger) or with qualified priors
2nd Degree Gross Misdemeanor – Max of 364 days jail 16+ plants but less than 23 plants 1+ pound but less than 2 pounds in a person’s residence 80+ grams but less than 160 grams 8+ grams but less than 16 grams of infused tetrahydrocannabinol N/A 2+ ounces of flower, 8+ grams of concentrate, and/or800+ milligrams of tetrahydrocannabinol products to any minor, in a school zone/park zone/treatment facility, or qualified prior
3rd Degree Misdemeanor – Max 90 days jail N/A 4+ ounces but less than 1 pound in a person’s residence 16+ grams but less than 80 grams 1,600+ milligrams but less than 8 grams of infused tetrahydrocannabinol N/A 2+ ounces of flower, 8+ grams of concentrate, and/or800+ milligrams of tetrahydrocannabinol
4th Degree Petty Misdemeanor – Non-criminal Fine N/A 2+ ounces but less than 4 ounces 8+ grams but less than 16 grams 800+ milligrams but less than 1,600 milligrams of infused tetrahydrocannabinol N/A Under 2 ounces of flower, 8 grams of concentrate, and/or 800+ milligrams of tetrahydrocannabinol
Misdemeanor – Max 90 days jail N/A N/A N/A N/A N/A As a minor you sell 2+ ounces of flower, 8+ grams of concentrate, and/or800+ milligrams of tetrahydrocannabinol
Petty Misdemeanor – Non-criminal Fine N/A N/A N/A N/A Applies As a minor you sell under 2 ounces of flower, 8 grams of concentrate, and/or 800+ milligrams of tetrahydrocannabinol

 

The new controlled substance and cannabis laws did remove some drug offenses. Specifically, possession of drug paraphernalia has been removed meaning people cannot be charged for solely having drug paraphernalia on them. Additionally, drug residue (small trace amounts) is not illegal unless it is located inside of drug paraphernalia. If someone has a plastic bag with trace amounts of a controlled substance, then it should not be charged, but the same person could be charged if the trace amount of a controlled substance was located inside drug paraphernalia like a syringe or pipe.

Part III of this series will look at expungement for marijuana offenses as a new cannabis expungement board was created to handle this issue.

Benjamin Koll is a criminal defense lawyer and DWI attorney in the Twin Cities. Minnesota. Super Lawyers named him a Rising Star this year. He is an adjunct professor at Mitchell Hamline School of Law. Drug Crimes Lawyer Minnesota; Criminal Defense Attorney Woodbury MN; and DWI Attorney Minnesota.