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Is Marijuana Possession A Crime In Minnesota?


In this article, you will learn:

  • Important information about marijuana charges and conviction in Minnesota
  • How marijuana convictions are charged
  • Possible penalties and alternatives for marijuana convictions

Marijuana possession can be a crime in Minnesota, the level of charge depends on the amount that a person has. If someone is in possession of a small amount of marijuana, in Minnesota that’s 42.5 grams, then it’s a petty misdemeanor offense which is not a crime under Minnesota law. If the small amount is found in a car, it becomes a misdemeanor offense. If it’s any more than a than 42 and a half grams, it’s a felony offense under Minnesota law.

Marijuana As A Controlled Substance In Minnesota

Marijuana is considered a controlled substance in Minnesota. Minnesota follows the Federal Controlled Substance Act when defining what is and is not a controlled substance. Anything that is federally prohibited or on the schedule of controlled substances is prohibited in Minnesota.

When Offenses Involving The Sale Or Possession Of Marijuana Are Felony Offenses In Minnesota

Under Minnesota law, the possession of a small amount of marijuana, which is less than 42.5 grams, is not a felony offense. Any sale of marijuana or possession of more than 42.5 grams is a felony offense.

Penalties For Marijuana Sale Or Possession Convictions In Minnesota

In Minnesota, the penalties for a marijuana-related conviction depend on the level of charge or conviction that a person receives, but it could range from probation up to prison. If someone is charged with having a very large amount of marijuana (50 kilograms or more), they could be facing a first-degree drug possession, or drug sale (25 kilograms or more) which carries a maximum of 40 years in prison.

Facing jail Time When Arrested For Marijuana Possession In St. Paul On A First Offense

If you were arrested or charged with marijuana possession for having a small amount of marijuana, that’s a petty misdemeanor offense and that will not carry any jail time. If you were charged with a felony level offense, there is the possibility that you could face jail time, but most of these cases will resolve with probation.

Possible Ways To Clear Your Record If Convicted Of Marijuana Possession In Hennepin County

If you have been convicted of marijuana possession, after you complete any probationary sentence, there is a way to expunge your record depending on the level of charge you were facing, and it will determine how long you have to wait after probation completes before you can apply for an expungement. It could be only a couple of years or it could be up to seven years that you would have to wait after probation expires.

The Possibility Of Drug Court In Hennepin County For A Marijuana Related Charge Or Conviction

Drug court is a program offered by many counties that allows someone to receive the benefit of being required to go to treatment, to have regular check-ins, and increase supervision with probation. Upon completion of a drug court program, in some cases, the charges are dismissed. However, in other cases, instead of going to prison, a person is placed on probation instead. But convictions related to marijuana are eligible for drug court in many places.

For more information on Marijuana Possession Defense Attorney In MN, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651)-964-4512 today.

Jennifer Congdon, Esq.

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