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Marijuana Law in Minnesota.
In Minnesota, marijuana is subject to various Prohibition laws of the state and federal governments. Since, other large criminal prosecutions, a relatively small proportion of criminal cases involving marijuana are prosecuted in federal court, this page will focus on Minnesota state laws. The information presented here is not intended to be complete, but to provide a starting point for understanding Minnesota's current Marijiana laws.
Minnesota's Marijuana laws can be summarized in just a few words:
"In Minnesota, marijuana is either not a crime, or is felony - unless it is in a car."
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The dividing line: For possession "crimes," 42.5 grams or less (about 1.5 ounces or less) is a "petty misdemeanor," which is not a "crime" but a civil infraction. Possession over that amount is a felony "crime."
Unless it is in a car: Possesison of more than 1.4 grams of marijuana, unless in the trunk of the motor vehicle or similar area of a vehicle not equipped with a trunk,misdemeanor "crime."
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| Marijuana grown at University of Mississippi for US government. |
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Sale of any amount is a crime in Minnesota.
Minnesota does not yet have a medical marijuana statute. That means we do not have a statutory medical mrijuana defense to a criminal charge. As a result, we must rely on the old common law defense of medical necessity - a lesser of two evils defense - as best we can. That, and jury nullification (the absolute legal right of a jury to deliver a verdict of "not guilty" regardless of the facts and the law.)
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