Minnesota laws and info

Minnesota has decriminalized limited flower possession (petty misdemeanor tickets), but concentrates in any quantity are still felonies.

Please be advised prosecutors, especially rural, will try to prosecute any quantity of hashish, hash oil, dabs, even crystals collected in grinders as felonies, especially when found in motor vehicles.
You do not have to consent to a vehicle search without probable cause (e.g. "plain smell" or "plain sight" [in view] doctrine). Warrants are required except under seven conditions. Declining an unlawful search may help you win in court.

"Fifth degree" felony: Any amount of "resinous form of marijuana" is not a "small amount"

According to MN Statute 152.01 Subdivision 16:

"Small amount" as applied to marijuana means 42.5 grams or less. This provision shall not apply to the resinous form of marijuana. The weight of fluid used in a water pipe may not be considered in determining a small amount except in cases where the marijuana is mixed with four or more fluid ounces of fluid.

Note that Minnesota does not (yet) have a medical necessity defense. Even if you are a medical patient from another state, this will not spare you from felony prosecution for trivial amounts of concentrate.

See MN Statute 152.025 CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE, Subdivision 2:

(a) A person is guilty of controlled substance crime in the fifth degree and if convicted may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; [....]
(b) Except as provided in paragraph (c), if a person is guilty of a controlled substance crime in the fifth degree and the conviction is a subsequent controlled substance conviction, the person convicted shall be committed to the commissioner of corrections or to a local correctional authority for not less than six months nor more than ten years and, in addition, may be sentenced to payment of a fine of not more than $20,000 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; [.....]
(c) Prior to the time of sentencing, the prosecutor may file a motion to have the person sentenced without regard to the mandatory minimum sentence established by paragraph (b). The motion must be accompanied by a statement on the record of the reasons for it. When presented with the motion, or on its own motion, the court may sentence the person without regard to the mandatory minimum sentence if the court finds, on the record, substantial and compelling reasons to do so.

Pro tip: Sometimes a confused officer can be assured concentrate is actually flower. Yes this has actually worked before!

Motor vehicle rules: Know the difference between trunk and cabin

According to MN Statute 152.07 Subdivision 3:

Possession of marijuana in a motor vehicle. A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.

Vehicle searches without warrants

These are the seven reasons a vehicle can be searched without a warrant according to St. Paul attorneys Arechigo & Stokka. If you decline a search and the state cannot meet one of these seven conditions, you may get your charge thrown out in court.

• Search Incident to Arrest
• Plain View Seizure of Evidence
• Probable Cause to Search for Evidence
• Inventory Search (getting towed allows search)
• Protective Weapons Search
• Consent Search (don't consent!)
• Medical Emergency Search

Beware international border searches & 100-mile "border area"

The Federal Department of Homeland Security controls Minnesota's border stations. 200 Border Patrol officers patrol the 800-mile Grand Forks Sector spanning North Dakota, Minnesota and Wisconsin. Baudette, International Falls, Grand Portage, Lancaster, Pinecreek, Roseau and Warroad are crossing points.

Year-round it is permissible to cross the border in the Boundary Waters Canoe Area with a special CANPASS/RABC permit, but permit availability varies during the year. Expect confused Customs & Border Protection feds from out of state to be cruising around on snowmobiles without adequate winter gear or training. Also, US Coast Guard units are stationed along Lake Superior, with the USCG/CBP base in Grand Marais out near the lighthouse.

If the Border Patrol finds, for example, a joint, a hefty federal ticket with a large fee on top ($250-$400) can be expected, but usually no arrest or visit to a federal court. Larger catches can easily result in arrest.

The northern half of Minnesota is part of a federal 100-mile "border zone" permitting far broader searches by federal agents. Yes, this extends 100 miles from Duluth! See the ACLU map and summary:

Border Patrol agents routinely ignore or misunderstand the limits of their legal authority in the course of individual stops, resulting in violations of the constitutional rights of innocent people. [...] Federal border agents are stopping, interrogating, and searching Americans on an everyday basis with absolutely no suspicion of wrongdoing, and often in ways that our Constitution does not permit.

Additional details

The penalty for possession of a small amount (less than 42.5 grams) of marijuana is a fine of up to $200 and possible requirement of drug education. Possession of 42.5 grams or more of marijuana is punishable by up to five years in prison and a fine up to $10,000. Possession of 10 kilograms or more of marijuana increases the penalty to a fine up to $250,000 and up to 20 years in prison. Possession of 50 kilograms or more is punishable by up to 25 years in prison and a fine up to $500,000. For any possession of 100 kilograms or more, the penalty is up to 30 years in prison and a fine up to $1,000,000.

Possession of greater than 1.4 grams in a motor vehicle (except in the trunk) is punishable by up to one year in prison.

Conditional discharge is a possibility for first time offenders.

For distribution of a small amount of marijuana (42.5 grams or less) for no remuneration, the penalty is a fine of up to $200 and possible requirement of drug education. For sale of any amount less than 5 kilograms the punishment is up to 5 years in prison and a fine of up to $10,000. Sale of 5 kilograms or more is punishable by up to 20 years in prison and a fine up to $250,000. For sale of 25 kilograms or more, the penalties increase to a possible 25 years in prison and a fine up to $500,000. Sale of 50 kilograms or more is punishable by up to 30 years in prison and a fine up to $1,000,000.

The penalty for sale to a minor is up to 20 years in prison and a fine up to $250,000. Sale within a school zone, park zone, public housing area or near a drug treatment facility increases the penalty to up to 15 years in prison and a fine up to $100,000.

The importing of 50 kilograms or more into the state is punishable by up to 35 years in prison and a fine up to $1,250,000.

Driver's licenses can be suspended for 30 days if the offense was committed while driving a motor vehicle.

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Hemp: This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids. For more information, see NORML's Drugged Driving (DUID) report.

Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties .

Also see Federal Laws