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Defense of Minnesota Marijuana Crime Charges

Minneapolis marijuana defense lawyer David Balmer zealously defends individuals charged with Minnesota marijuana crimes. If you have been charged with a marijuana crime, contact the Balmer Law Office for a free and confidential case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175 — or simply fill out the online form for a free case evaluation.

Based in the southwest metro, the Balmer Law Office successfully defends clients in Minneapolis and throughout Minnesota.

Minnesota Marijuana Controlled Substance Laws

Both Minnesota and the federal government classify marijuana as a Schedule I controlled substance. As such, its possession and sale is highly regulated. Under federal law, both possession and sale of marijuana is strictly prohibited. Possession, Sale and Manufacturing / Cultivating are all felony level offenses. Minnesota state law is slightly more tolerant of marijuana possession.

Minnesota Felony Marijuana Laws: Sale of Marijuana

Minnesota law criminalizes and severely punishes the sale of marijuana. The word “sale” is defined very broadly to include: “sell, give away, barter, deliver, exchange, distribute, dispose of to another, manufacture or to possess with intent to sell.” With the exception of gifting (you can’t receive any benefit in exchange for the gift) a small amount, the sale of marijuana is a felony-level offense. The severity of the consequences vary depending on the amount of marijuana sold, to whom it was sold, and where it was sold.

Fifth Degree Sale of Marijuana

Fifth Degree sale of a controlled substance includes the sale of up to 5 kilograms of marijuana.

Fourth Degree Sale of Marijuana

Fourth Degree sale of a controlled substance includes the sale of any amount marijuana in a school zone, park zone, or drug treatment facility.

Third Degree Sale of Marijuana

Third Degree sale of a controlled substance includes the sale of up to 25 kilograms of marijuana.

Second Degree Sale of Marijuana

Second Degree sale of a controlled substance includes the sale of up to 50 kilograms of marijuana, or the sale of up to 5 kilograms in a school, park, or drug treatment facility.

First Degree Sale of Marijuana

First Degree sale of a controlled substance includes the sale of 50 or more kilograms of marijuana, or the sale of 25 kilograms of marijuana in a school, park or drug treatment facility.

Minnesota Felony Marijuana Laws: Possession of Marijuana

Possession in excess of a “small amount” of marijuana is a felony-level offense in Minnesota.  Just as with sale charges, the severity varies based on the amount possessed.

Fifth Degree Marijuana Possession

Fifth Degree possession of a controlled substance includes possession of up to 10 kilograms of marijuana, but excludes possession of only a “small amount” (i.e. less than 42.5 grams).

Fourth Degree Marijuana Possession

There is no Fourth Degree controlled substance possession offense for marijuana.

Third Degree Marijuana Possession

Third Degree possession of a controlled substance includes the possession of up to 50 kilograms of marijuana.

Second Degree Marijuana Possession

Second Degree possession of a controlled substance includes the possession of up to 100 kilograms of marijuana.

First Degree Marijuana Possession

First Degree possession of a controlled substance includes the possession of 100 or more kilograms of marijuana.

Minnesota’s “Small Amount” of Marijuana Possession Law

Minnesota law still generally prohibits marijuana possession and sale, but the state has decriminalized personal possession of a “small amount” of marijuana. Minnesota Statute § 152.027 makes it a petty misdemeanor to possess less than 42.5 grams of marijuana. This means that if you are caught with a small amount of marijuana it will be seized by police and you’ll likely receive only a ticket. Your penalty is limited to the payment of a fine.

But keep in mind that petty misdemeanor citations are public records and will show up on employer background checks.

If you’ve received a ticket for a small amount of marijuana you should contact marijuana defense attorney David Balmer to discuss strategies to keep the offense off of your record.

Marijuana in a Motor Vehicle

One exception to the small amount of marijuana law is that possession of more than 1.4 grams of marijuana in a motor vehicle is a misdemeanor offense. This means that the maximum fine is $1,000 and a jail sentence of up to 90 day can be imposed on anyone found guilty of this offense.

And while a jail sentence would be uncommon for a first time offense, anyone convicted of this misdemeanor offense will have their driver's license revoked for 30 days.

If you’ve been charged with possessing marijuana in a motor vehicle contact marijuana defense lawyer David Balmer for a free case evaluation. You may have a legal defense to the charge or there may be other ways to resolve the ticket without pleading guilty and losing your license.

Minnesota Medical Marijuana

In 2015 Minnesota enacted a medical marijuana law that permits the possession of a 30 day supply of marijuana under very strict conditions. In order to legally possess marijuana under the Minnesota medical marijuana law you must:

  • have been certified by a doctor as suffering from a qualifying condition,
  • annually register with the state as a recipient of medical marijuana,
  • pay an annual registration fee of $200,
  • access non-smokable marijuana from a licensed cannabis center, and
  • possess no more than a 30-day personal supply of marijuana.

Other Minnesota Marijuana Crimes

Minnesota Marijuana DWI

Minnesota DWI law doesn’t just apply to alcohol; the offense punishes any form of driving while impaired.  And while Minnesota law makes it illegal to drive while having any amount of an unprescribed schedule I or II controlled substance in your system, marijuana is treated differently. There is no exact amount of marijuana metabolites that make you automatically guilty of DWI. An example may help illustrate the law:

Tommy consumes an oxycontin pill and later that day is stopped for a broken taillight. The officer suspects that Tommy may be impaired and gets a warrant to test Tommy’s blood. Tests confirm the presence of the oxycontin. Tommy is charged with DWI because he had any amount of oxycontin in his system.

Johnny smokes marijuana and later that day is pulled over for speeding. The officer smells marijuana and suspects that Johnny may be impaired. The officer gets a warrant to test Johnny’s blood. Tests confirm the presence of marijuana metabolites. While Johnny may be charged with DWI, he has an excellent defense because, without other evidence of impairment, the presence of marijuana in one’s body does not automatically equate to impairment.

Learn more about Minnesota’s DWI law here.

If you have been charged or arrested for a Minnesota marijuana DWI you need to consult with an experienced marijuana defense lawyer.  The Balmer Law Office is pleased to provide free and confidential case evaluations via its 24-hour hotline: 612-326-4175.

Possession or Sale of Synthetic Marijuana

Synthetic cannabinoids are man-made chemical compounds that attempt to mimic the effect of natural cannabinoids (i.e. provide an hallucinogenic effect). Early in their development and use, people possessing or selling synthetic cannabinoids were able to avoid prosecution because the substance did not fit within the definitions of Minnesota’s controlled substance law. The law now does a better job defining and prosecuting synthetic cannabinoids.

If you have been arrested for possessing or selling synthetic marijuana you need serious legal help.

Most commonly used synthetic cannabinoids are now classified as Schedule I controlled substances. So their possession, sale, and manufacturing are strictly prohibited. Possession of a Schedule I controlled substance is a serious felony-level offense.

Marijuana defense lawyer David Balmer helps people facing Minnesota’s harsh drug laws. Contact him for a free and confidential case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.

Possession, Sale or Manufacture of Marijuana Wax

Marijuana wax is a super-concentrated, resinous form of Tetrahydrocannabinol (THC), the hallucinogenic  compound found in marijuana. Under Minnesota law marijuana wax is still marijuana, so its possession, sale and manufacture is prohibited. But unlike possession of the leafy variety — where possession under 42.5 grams is a petty misdemeanor — possession of more than .25 grams of marijuana wax is a felony!

If you’ve been accused of possessing or selling marijuana wax contact the Balmer law office for a free and confidential case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.

Possession of Drug Paraphernalia

Possession of drug paraphernalia is a petty misdemeanor under Minnesota law. While not technically a crime under Minnesota law, a guilty plea (i.e. payment of the fine) will result in a record and will be subject to background checks. Criminal defense attorney David Balmer helps people charged with possessing drug paraphernalia. Contact the Balmer Law Office for a free case evaluation. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.

Consequences of a Marijuana Conviction in Minnesota

If you have been charged with a marijuana offense, there’s more on the line than just jail or prison. Minnesota laws create a whole host of other severe consequences for a marijuana conviction. Learn more about some of the more common consequences of drug offense convictions in Minnesota.

Contact an Experienced Minnesota Marijuana Defense Attorney

If you have been charged, arrested, or even just questioned regarding a Minnesota marijuana offense, you need to speak with an experienced marijuana defense attorney. The government is preparing its case against you — it’s time to start preparing your defense. The Balmer Law Office is available via its 24-hour hotline: 612-326-4175.

David Balmer

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David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More

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