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Minnesota Cannabis Law, Regulation, Penalties, Attornies & Congressman

Minnesota Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

42.5 g or less* Misdemeanor N/A $ 200
More than 42.5 g – less than 10 kg Felony 5 years $ 10,000
10 – less than 50 kg Felony 20 years $ 250,000
50 – less than 100 kg Felony 25 years $ 500,000
100 kg or more Felony 30 years $ 1,000,000
More than 1.4 grams inside one’s vehicle (except the trunk) Misdemeanor 90 days $ 1,000
* A conditional discharge is possible for first time offenders.
* There is a possible drug education course requirement.

Sale

42.5 g or less* without remuneration Misdemeanor N/A $ 200
More than 42.5 g – less than 5 kg Felony 5 years $ 10,000
5 – less than 25 kg Felony 20 years $ 250,000
25 – less than 50 kg Felony 25 years $ 500,000
50 kg or more Felony 30 years $ 1,000,000
Importing 100 kg or more or using a minor to import Felony 35 years $ 1,250,000
To a minor Felony 20 years $ 250,000
Within a school zone or other specified areas Felony 15 years $ 100,000
5 – less than 25 kg in a school zone Felony 25 years $ 500,000
25 kg or more in a school zone Felony 30 years $ 1,000,000
* There is a possible drug education course requirement.

Cultivation

See Possession section for details.

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.

Paraphernalia

Possession of paraphernalia Misdemeanor N/A $ 300
Sale/Advertise Misdemeanor N/A $ 1,000
Sale to a minor Misdemeanor 1 year $ 3,000

Miscellaneous

Conviction for possession or sale while driving may result in a 30 day driver’s license suspension.

Penalty Details

Possession for Personal Use

The Minnesota statute lists Marijuana as a Schedule 1 controlled substances.

Possession of 42.5 grams or less is a misdmeanor punishable by a maximum fine of $200.*

* A conditional discharge is possible for first time offenders.
* There is a possible drug education course requirement.

Possession of more than 42.5 grams – less than 10 kilograms is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000. Subsequent convictions shall be committed to the commissioner of corrections for 6 mos – 10 years and a possible fine of not more than $20,000.

Possession of 10 – less than 50 kilograms is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000. Subsequent convictions shall be committed to the commissioner of corrections for 2 – 30 years and a possible fine of not more than $250,000.

Possession of 50 – less than 100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. Subsequent convictions shall be committed to the commissioner of corrections for 3 – 40 years and a possible fine of not more than $500,000.

Possession of 100 kilograms or more is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000. Subsequent convictions shall be committed to the commissioner of corrections for 4 – 40 years and a possible fine of not more than $1,000,000.

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.

See

  • Section 152.02 of the Minnesota Statute 
  • Section 152.021 of the Minnesota Statutes 
  • Section 152.022 of the Minnesota Statute 
  • Section 152.023 of the Minnesota Statute 
  • Section 152.024 of the Minnesota Statute
  • Section 152.025 of the Minnesota Statute 
  • Section 152.027 of the Minnesota Statute 

The distribution of 42.5 grams or less without remuneration is a misdemeanor punishable by a maximum fine of $200.*

* There is a possible drug education course requirement.

The sale of more than 42.5 grams – less than 5 kilograms is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000. Subsequent convictions shall be committed to the commissioner of corrections for 6 mos – 10 years and a possible fine of not more than $20,000.

The sale of 5 – less than 25 kilograms is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000. Subsequent convictions shall be committed to the commissioner of corrections for 2 – 30 years and a possible fine of not more than $250,000.

The sale of 25 – less than 50 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. Subsequent convictions shall be committed to the commissioner of corrections for 3 – 40 years and a possible fine of not more than $500,000.

The sale of 50 kilograms or more is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000. Subsequent convictions shall be committed to the commissioner of corrections for 4 – 40 years and a possible fine of not more than $1,000,000.

Importing 100 kilograms or more or using a minor to import into the state is a felony punishable by a maximum sentence of 35 years imprisonment and a maximum fine of $1,250,000.

Sale to a minor is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000.

Distribution within a school zone or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $100,000. Subsequent convictions shall be committed to the commissioner of corrections for 1 – 30 years and a possible fine of not more than $100,000.

Distribution of 5 kg – less than 25kg within a school zone or other specified areas is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000.

Distribution of 25 kg or more within a school zone or other specified areas is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000. Subsequent convictions shall be committed to the commissioner of corrections for 4 – 40 years and a possible fine of not more than $1,000,000.

See

  • Section 152.021 of the Minnesota Statutes 
  • Section 152.022 of the Minnesota Statute
  • Section 152.023 of the Minnesota Statute 
  • Section 152.024 of the Minnesota Statute 
  • Section 152.025 of the Minnesota Statute 
  • Section 152.027 of the Minnesota Statute
  • Section 152.0261 of the Minnesota Statute 

Cultivation

Cultivation in Minnesota will be punished based upon the aggregate weight of the plants found. See the “Possession for Personal Use” section for further penalty details.

Hash & Concentrates

The Minnesota statute lists Marijuana and Tetrahydrocannabinol separately in Schedule 1 of the Minnesota controlled substances schedule. Tetrahydrocannabinols are defined as any mixture, compound, or preparation that contains the active THC component of the Cannabis plant or its resinous extractives. Case law refers to Hashish as the resinous form of Marijuana and generally holds that Marijuana and Hashish should be treated equally under the law.

The punishments enumerated in the statutes are equal for Marijuana and Tetrahydrocannabinols in all but one instance. The only difference is the decreased penalties for the possession of, or distribution without remuneration of, a small amount of plant-form Marijuana. This provision does not include Tetrahydrocannabinols. The statute specifically excludes the “resinous form” of Marijuana from inclusion in the definition.

Possession, distribution without remuneration, or sale of less than 5kg of Tetrahydrocannabinols is therefore subject to a term of incarceration not to exceed 5 years, and a fine not to exceed $10,000. For any of the above crimes, if a person has previously been convicted of a drug crime, the maximum period of incarceration and the maximum fine both double, and a mandatory minimum of 6 months imprisonment is imposed.

See

  • § 152.02 of the Minnesota Statutes 
  • § 152.01 of the Minnesota Statutes 
  • § 152.027 of the Minnesota Statutes 
  • § 152.025 of the Minnesota Statutes
  • Soutor v. State, 342 N.W.2d 175 (Ct. App. Min. 1984) 

Paraphernalia

Possession of paraphernalia is a petty misdemeanor punishable by a maximum fine of $300.

Sale or advertising of paraphernalia is a misdemeanor punishable by a fine not to exceed $1,000.
Sale to a minor is a gross misdemeanor punishable by a fine not to exceed $3,000 and a maximum sentence of imprisonment of up to 1 year.

See

  • Section 152.092 of the Minnesota Statutes 

Miscellaneous

When a person is convicted of possession or sale of marijuana, the sentencing court shall determine whether the person unlawfully sold or possessed the controlled substance while driving a motor vehicle. If so, the court shall notify the commissioner of public safety of its determination and order the commissioner to revoke the person’s driver’s license for 30 days.

See

  • Section 152.0271 of the Minnesota Statutes 
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. 

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Minnesota Drugged Driving

In Minnesota, a person is guilty of a DWI if he or she drives while under the influence of a controlled substance, or if the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles so as to substantially impair the person’s ability to drive. Minn. Stat. Ann. §§ 169A.20[1](2)-(3) (West 2010).

NOTE: Minnesota has a zero tolerance DUI offense if a person tests positive for schedule I & II controlled substances or associated metabolites other than marijuana and tetrahydrocannabinols. Actual impairment is not a necessary element of this offense. Id. § 169A.20[1](7).

Implied Consent

  • Any person who drives, operates, or is in physical control of a motor vehicle within Minnesota shall be subject to a chemical test of that person’s blood, breath, or urine for the purpose of determining the presence of alcohol, a controlled substance or its metabolite, or a hazardous substance. Id. § 169A.51[1](a).
  • Withholding right of accused to confer with counsel before making a decision about taking a chemical test renders the test results or evidence of a test refusal inadmissible. State v. Schmidt, 712 N.W.2d 530 (2006).
  • It is a crime for any person to refuse to submit to a chemical test of the person’s blood, breath, or urine. Id. § 169A.20
  • At the time the officer requests the test, the officer shall give the driver a set of warnings, known as an implied consent advisory. Id. § 169A.51[2].
  • The officer chooses whether the test is of blood, breath, or urine. Action may be taken against a person who refuses to take a blood or urine test only if an alternative test was offered. Id. § 169A.51[3]-[4].
  • If a person refuses to permit a test the driver’s license shall be immediately suspended. Id . § 169A.51[3](a).
  • Refusal of a test will result in additional license restrictions if defendant is convicted of DUI. Id.

Penalties

NOTE: for offenses occurring within ten (10) years.

3rd offense within 5 years; not less than 2 years (90 days or 180 days mandatory) revocation for 4th or subsequent offense.

  • First Offense misdemeanor Up to 90 days imprisonment; not more than a $1000 fine; up to 180 days of license suspension (180 days is a mandatory minimum if defendant refused a chemical test). Id. § 169A.27(2).
  • Second Offense – minimum of 30 days of incarceration, at least 48 hours must be served in a local correctional facility; OR, 8 hours of community work service for each day less than 30 days that the person is ordered to serve in a local correctional facility; up to 1 year of license suspension(180 days is a mandatory minimum if defendant refused a chemical test). Id. §§ 169A.275(1)(a)(1)-(2).
  • Third Offense – minimum of 90 days of incarceration; at least 30 days must be served consecutively in a local correctional facility; OR, mandatory participation in an intense supervision probation program for repeat DWI offenders, and consecutively serve at least 6 days in a local correctional facility; license suspension of up to 2 years. Id. §§ 169A.275(2)(a)(1)-(2).
  • Fourth Offense – minimum of 180 days of incarceration at least 30 days must be served consecutively in a local correctional facility; OR, mandatory participation in an intense supervision probation program for repeat DWI offenders, and consecutively serve at least 6 days in a local correctional facility; OR, program of staggered sentencing, with a minimum of 180 days of incarceration; at least 30 days that must be served consecutively in a local correctional facility; OR, mandatory participation in an intense supervision probation program for repeat DWI offenders, and consecutively serve at least 6 days in a local correctional facility; indefinite license revocation. Id. §§ 169A.275(3)(a)(1)-(3).
  • Fifth and Subsequent Offense – minimum of one year incarceration, at least 60 days which must be served consecutively in a local correctional facility; OR, mandatory participation in an intense supervision probation program for repeat DWI offenders, and consecutively serve at least 6 days in a local correctional facility; OR, program of staggered sentencing, with a minimum of one year of incarceration; at least 60 days that must be served consecutively in a local correctional facility; OR, mandatory participation in an intense supervision probation program for repeat DWI offenders, and consecutively serve at least 6 days in a local correctional facility; indefinite license revocation. Id. §§ 169A.275(4)(a)(1)-(3).

Sobriety Checkpoints

In Minnesota, sobriety checkpoints are illegal under the state constitution.

Police use of temporary roadblock to stop cars and investigate large number of drivers in the hope of discovering evidence of alcohol-impaired driving by some violates Minnesota state constitution, which requires that a driver is not arbitrarily subjected to an investigative stop without and office first having articulable suspicion of criminal wrongdoing.Ascher v. Comm. of Public Safety, 519 N.W.2d 183 (1994); Gray v. Comm. of Public Safety, 519 N.W.2d 187 (1994).

Case Law

State v. Prax, 686 N.W.2d 45(2004) — Law enforcement officer had probable cause to arrest defendant for DWI, even though defendant performed well on many field sobriety tests because officer saw defendant drift over lane dividers, weave within his lane, and make illegal left turn at stoplight. Defendant had dilated pupils, and anxious behavior. The well trained officer recognized defendant’s behavior as consistent with a person under the influence of marijuana.

Per Se Drugged Driving Laws

Minnesota has a zero tolerance per se drugged driving law enacted for controlled substances, not including cannabis or cannabis metabolites. 

The law states, “It is a crime for any person to drive, operate, or be in physical control of any motor vehicle … when the person’s body contains any amount of a controlled substance in schedule I or II other than marijuana or tetrahydrocannabinols.” (Minnesota Statutes Annotated Section 169A.20)

Minnesota Hemp Law

Year Passed: 2015

Summary: Provisions of Senate File 5 (Sections 38 to 46, entitled ‘The Industrial Hemp Development Act’) define hemp as an “agricultural crop” and authorize the Commission of Agriculture to establish a pilot program permitting “institutions of higher education to grow or cultivate industrial hemp … for the purpose of agricultural or academic research.”

Minnesota Medical Marijuana Law

Status

 

Operational

Law Signed:

 2014

QUALIFYING CONDITIONS

  • Amyotrophic Lateral Sclerosis
  • Autism*
  • Cancer/cachexia
  • Crohn’s disease
  • Glaucoma
  • HIV/AIDS
  • Intractable pain
  • Post-traumatic stress disorder
  • Seizures
  • Severe and persistent muscle spasms
  • Sleep apnea*
  • Terminal illness
  • Tourette’s Syndrome

    * (as of July 1, 2018)

PATIENT POSSESSION LIMITS

30 day supply but only non-smokable preparations allowed

HOME CULTIVATION

No

STATE-LICENSED DISPENSARIES

Yes

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes, no more than eight

CAREGIVERS

No

ESTIMATED NUMBER OF REGISTERED PATIENTS

RECIPROCITY

No

CONTACT INFORMATION

Minnesota Department of Health

Minnesota Tax Stamps

Stamp
State Code Stat. 297D
Tax Rate $3.50/gram
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and up to $14k or 7 years prison or both
Additional Information
Withstood a constitutional attack on the grounds of self-incrimination in Sisson v. Triplett, 428 NW 2d 565.

Minnesota Verified Marijuana / Cannabis Attorney / Lawyers

Kate Latimer Courtney

651-690-5529

Kate Latimer Courtney

 
6th 5th Street West Suite 700

Saint PaulMN 55102

Phone: 651-690-5529
 

James Kuettner

507-345-4545

James  Kuettner

Kuettner Legal, LLC
427 South Broad Street

MankatoMN 56001

www.kuettnerlegal.com

Phone: 507-345-4545 
 

Thomas C Gallagher

612-333-1500

Thomas C Gallagher

Gallagher Criminal Defense Minneapolis
310 Fourth Avenue South Suite 8000

MinneapolisMN 55415

www.liberty-lawyer.com

Phone: 612-333-1500 
‘ 

Charles M Schiff

320-259-0699

Charles M Schiff

 
925 1st Street S

Saint CloudMN56301

www.schifflegal.com

Phone: 320-259-0699

Brian McNee Marsden

651-291-5100

Brian McNee Marsden

 
34 North Wheeler St

Saint PaulMN55104

www.brianmarsden.com

Phone: 651-291-5100
 

Minnesota Congressman

Senators

 

Al Franken (D)

MINNESOTA

 

Grade: C

Votes

 

Cosponsor

S 134 Industrial Hemp Farming Act of 2015
S. 683 CARERS Act of 2015

 

Amy Klobuchar (D)

MINNESOTA

 

Grade: D

Votes

 

No sponsorships or comments

 

House of Representatives

Keith Ellison (D)

MINNESOTA

 

Grade: B

Votes

 

Cosponsor

*H.R. 525: Industrial Hemp Farming Act of 2015

 

Betty McCollum (D)

MINNESOTA

 

Grade: B

Votes

 

Cosponsor

*H.R. 525: Industrial Hemp Farming Act of 2015

 

Rick Nolan (D)

MINNESOTA

 

Grade: B

Votes

 

Cosponsor

H.R. 525: Industrial Hemp Farming Act of 2015

 

Collin Peterson (D)

MINNESOTA

 

Grade: B

Votes

 

Cosponsor

*H.R. 525: Industrial Hemp Farming Act of 2015

 

Tim Walz (D)

MINNESOTA

 

Grade: B

Votes

 

Cosponsor

*H.R. 525: Industrial Hemp Farming Act of 2015

 

Tom Emmer (R)

MINNESOTA

 

Grade: B-

Votes

 

No sponsorships or comments

 

John Kline (R)

MINNESOTA

 

Grade: D

Votes

 

No sponsorships or comments

 

Erik Paulsen (R)

MINNESOTA

 

Grade: D

Votes

 

No sponsorships or comments

Tags: Cannabis, Marijuana, Posts By Category, THC

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