Minnesota is not one of the states that has legalized recreational use of marijuana. Therefore, it is important to be aware of state laws relating to marijuana possession and sale, and to have the assistance of an experienced Minnesota Drug Defense Attorney if you’ve been charged with violating the law.
Every drug/controlled substance case is unique, and no one can give you exact guidance without reviewing the specifics of your circumstances. This post is intended to provide an overview of Minnesota law as it pertains to marijuana cases generally, and answer some common questions people have about different aspects of the law.
What charge am I facing?
First, it is possible you have been charged with a federal crime, as marijuana is illegal under federal law as well as state law. This post focuses on state laws and penalties. However, please call the attorneys at Sieben Edmunds Miller to review your case if you have a federal marijuana charge. Our experienced attorneys can help you figure out your next steps.
There are several common types of drug charges. You may have a paraphernalia charge if it is alleged that you had any equipment used to prepare, conceal, or produce marijuana. In Minnesota, first offense possession of paraphernalia is a petty misdemeanor penalized with up to a $300 fine. Sale of paraphernalia is a misdemeanor and carries a maximum $1,000 fine. The other common charges of possession, sale, and manufacturing (cultivation) are covered below.
Minnesota has five levels of controlled substance crimes (first through fifth degree), with first degree being the most severe, and fifth degree the least. Generally, the amount in weight of marijuana in one’s possession, grown, or sold is what determines the degree of the charge. Please see our previous blog on drug possession and the chart below for more information.