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What is in the Proposed Marijuana Legalization Bill?

by Jan 5, 2023Criminal Defense Attorney, Kevin Sieben, Minnesota Criminal Expungement

Minnesota state legislators just released their proposal to legalize marijuana in the State of Minnesota.  With DFL control of the House, Senate and Governor’s office, legalized marijuana is likely to become the law in some form.  It still has hurdles to get through, but this very well could be the first sign of what the law could look like regarding marijuana use and possession in Minnesota.

According to this new proposal, it would be legal for people 21 years of age or older to:

  • Use, possess, or transport cannabis (marijuana) paraphernalia
  • Possess or transport up to two ounces of cannabis flower in a public place
  • Possess up to five pounds of cannabis flower in their private residence
  • Possess or transport up to eight grams of cannabis concentrate
  • Possess or transport edible cannabinoid products with a combined total of 800 milligrams or less of tetrahydrocannabinol (THC)
  • Give, up to two ounces of cannabis flower, eight grams of cannabis concentrate, or an edible cannabinoid product with 800 milligrams or less of THC to another individual who is at least 21 years old
  • Use cannabis flower and cannabinoid products in private residences, on private property not generally accessible to the public, or on the premises of a licensed establishment or event

There still would be some things that would not be allowed as well.  According to the bill, It would be illegal for individuals to:

  • Use, possess, or transport cannabis flower or cannabinoid products if they are under 21 years old
  • Use cannabis flower or cannabinoid products in a motor vehicle
  • Use cannabis flower or cannabinoid products at locations where smoking is prohibited
  • Use or possess cannabis flower or cannabinoid products in a public school or on the premises of a state correctional facility
  • Operate a motor vehicle while under the influence of cannabis flower or cannabinoid products
  • Give cannabis flower or cannabinoid products, for no remuneration, to individuals who are under 21 years old
  • Give cannabis flower or cannabinoid products as a sample or promotional gift if they are in the business of selling goods or services

What about people with a current marijuana prescription?

If you have a current prescription, no need to worry.  The new bill allows for exceptions to the prohibited uses for patients, registered caregivers, and the family members of patients.  The new bill is complex and there may be some changes, but current legal users wouldn’t see much of a change under this proposal.

What about old criminal convictions?

This bill allows for the possible expungement or reduction of certain prior cannabis offenses. It specifies that individuals may be eligible for expungement or reduction if they have had proceedings dismissed or resolved in their favor in cases involving possession of marijuana or THC, or if they have been convicted or received a stayed sentence for a certain type of marijuana offenses. A new Cannabis Expungement Board will be created that will be responsible for identifying records that qualify for expungement and for recommending expungement for each qualifying individual whose records it possesses. The cases would then be referred to the local courts for determination

If you have a prior marijuana case, contact the lawyers at Sieben Edmunds Miller to determine whether you might be eligible to have your conviction or case expunged or reduced!

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