Minnesota Marijuana Defense Attorneys
Crimes involving marijuana are the most commonly charged drug crime in Minnesota. The amount in your possession or sold is what determines the charges and potential consequences. Due to changing attitudes towards marijuana, Minnesota has become significantly more relaxed when it comes to prosecuting and punishing possession of the drug. Most people found with marijuana will only be charged with a petty misdemeanor or misdemeanor under Minnesota Statute 152.027. With this said, the state has still not caught up when it comes to the sale of marijuana, as any sale of the drug is a felony crime. Our team of Minnesota marijuana defense attorneys has written the following guide to help you understand the charges against you.
Marijuana Possession Crimes
Possession of any amount of marijuana under 42.5 grams is charged as a petty misdemeanor for a first time offense. Subsequent charges in a two year period or failure to adhere to the imposed sentence may lead to misdemeanor charges. Part of the sentence for a petty misdemeanor drug crime in Minnesota includes participation in a drug education program. This program must be approved by an area mental health board with a curriculum approved by the state alcohol and drug abuse authority. In addition to the sentence, you will most certainly face a $200 fine. Possession over 42.5 grams is typically a gross misdemeanor offense. Possession of more than 50 kilograms could equate to 1st degree drug crime charges and 30 years in prison and/or fines up to of $1 million.
Marijuana Possession in a Motor Vehicle
Possession of over 1.4 grams of marijuana in a motor vehicle is charged as a misdemeanor for a first time offense. In this case the owner of the vehicle or the driver, if the owner is not present, is the one who is charged. The law explains that the trunk is not included in this scope but the glove box is. The fine for this is $1,000 and you may face up to 90 days of jail time. Possession of marijuana in a motor vehicle can be charged along with other possession charges as well.
Finding marijuana often goes hand in hand with paraphernalia. Paraphernalia is anything that may assist someone in the use or sale of drugs. The state will often charge this out even if the paraphernalia was discovered without any drugs nearby. Possession of drug paraphernalia is a petty misdemeanor offense which comes with a maximum fine of $300. If an individual is charged with drug paraphernalia possession on three or more occasions, the crime may become a misdemeanor with a fine of $1,000 and/or a 90 day jail sentence.
Possession Crime Guide
|Possession Offense||Level||Max. Incarceration||Max. Fine|
|Less than 42.5 grams||Petty Misdemeanor||None||$200|
|Between 42.5 g and 10 kilograms||5th Degree Felony||5 Years||$10,000|
|Between 10 kg and 25 kg||3rd Degree Felony||20 Years||$250,000|
|Between 25 kg and 50 kg||2nd Degree Felony||25 Years||$500,000|
|More than 50 kg||1st Degree Felony||30 Years||$1,000,000|
|More than 1.4 g in a vehicle||Misdemeanor||90 Days||$1,000|
Marijuana Sales Crimes
The state differentiates between sale of marijuana for compensation verses sale without compensation. The term for this is ‘without remuneration’. As unlikely as a sale is without remuneration, the crime could be charged for simply giving someone marijuana or compensation that cannot be measured by traditional methods. A sale without remuneration crime will most likely lead to participation in a drug education program. Any marijuana sale with compensation is charged as a felony drug crime. The degree charged can be up to 1st degree for sales of 25 kilograms or more.
Marijuana Sales to Minors or in a School Zone
The state takes sales to minors or any sales of marijuana in a school zone very seriously. Selling marijuana to a minor is a 3rd degree drug crime and you may be facing 15 years imprisonment and/or a fine of $100,000.
Selling marijuana in a school zone is a 4th degree offense and comes with a potential penalty up to 15 years imprisonment and/or a $100,000 fine. If it’s a much greater amount sold, the crime becomes a 2nd degree drug crime.
Sales Crime Guide
|Sales Offense||Level||Max. Incarceration||Max. Fine|
|Less than 42.5 grams without remuneration||Petty Misdemeanor||None||$200|
|Under 5 kilograms||5th Degree Felony||5 Years||$10,000|
|Between 5 kg and 10 kg||3rd Degree Felony||20 Years||$250,000|
|Between 10 kg and 25 kg||2nd Degree Felony||25 Years||$500,000|
|More than 25 kg||1st Degree Felony||30 Years||$1,000,000|
|In a school zone||4th Degree Felony||15 Years||$100,000|
|To a minor||3rd Degree Felony||20 Years||$250,000|
North Star Criminal Defense – Proven Marijuana Defense Attorneys
The Minnesota marijuana defense attorneys at North Star Criminal Defense have over 30 combined years of successfully defending drug charges of all degrees and throughout multiple jurisdictions, including federal courts in multiple states. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of any type of marijuana crimes, you need to contact us right away.