The state of Minnesota currently criminalizes any amount of the drug marijuana for all users of the drug because the state has yet to legalize marijuana for medical purposes. In fact, persons arrested for the sale or possession of marijuana near a school or park face harsher penalties than those persons arrested for the same crimes at their own home or office building. On Minnesota’s list of top ten cash crops, the drug marijuana is billed as the sixth largest cash crop in the state. Between the years of 1995 and 2002 there have been over 82,300 marijuana related arrests in the state of Minnesota. A marijuana attorney should be hired prior to the arraignment to develop the best defense for the case possible.
Medical Marijuana Users
In the state of Minnesota, medical marijuana is not allowed, and therefore, possession of any amount will be treated as the applicable charges for criminal possession.
Non-Medical Users
All marijuana users in the state of Minnesota are currently considered non-medical, or recreational, marijuana users.
Penalties Use or Possession of Marijuana in Minnesota
|
Less than 42.5g (possible drug education requirement) |
Misdemeanor |
There is no incarceration but a fine of $200 |
|
42.5g to 10kg |
Felony |
Penalties include five years in prison and $10,000 in fines |
|
10 to 50 kg |
Felony |
Penalties include 20 years in prison and $250,000 in fines |
|
50 to 100 kg |
Felony |
Penalties include 25 years in prison and $500,000 in fines |
|
100 kg or more |
Felony |
Penalties include 30 years in prison and $1,000,000 in fines |
|
More than 1.4 g in a motor vehicle (except trunk) |
Misdemeanor |
Penalties include 90 days in prison and a fine of $1,000 |
Sale of Marijuana
|
Distribution of 42.5 g or less without remuneration |
Misdemeanor |
No incarceration but a possible drug education requirement and a fine of $200 |
|
Less than 5kg |
Felony |
Penalties include five years in prison and a fine of $10,000 |
|
5 to 25kg |
Felony |
Penalties include 25 years in prison and a fine of $250,000 |
|
25 to 50kg |
Felony |
Penalties include 25 years in prison and a fine of $500,000 |
|
50kg or more |
Felony |
Penalties include 30 years in prison and a fine of $1,000,000 |
|
50 kg or more imported into the state |
Felony |
Penalties include 35 years in prison and a fine of $1,250,000 |
|
To a minor |
Felony |
Penalties include 20 years in prison and a fine of $250,000 |
|
Within a school zone or other specified areas |
Felony |
Penalties include 15 years in prison and a $100,000 fine |
Penalties for Driving Under the Influence of Marijuana
The state of Minnesota enacts a zero tolerance policy for driving under the influence of marijuana. Anyone arrested for this offense will be subject to the fines and penalties of Minnesota’s laws on driving while intoxicated of an illegal substance.
Legal Help with a Marijuana Offense
Persons charged with a marijuana offense should consult a marijuana attorney prior to the arraignment. A marijuana lawyer will have the experience necessary to secure alternative sentencing for the offender via a proper plea bargain. Minnesota will sometimes sentence a first time possession offender to rehabilitation, not punitive punishments, which will require the help of an attorney.
