Minnesota’s Marijuana Laws

Marijuana is illegal for recreational use in Minnesota, but it is explicitly allowed for limited medical uses. Medical marijuana will take effect July 1, 2015.

Minnesota Marijuana Attorneys

The following Minnesota lawyers are actively involved in the practice of cannabis law:

Minn_jamesblumberglaw
Minn_jux

LAW BREAKDOWN

Marijuana is illegal for recreational use in Minnesota, but it is explicitly allowed for limited medical uses. Medical marijuana will take effect July 1, 2015.

Possession

Cannabis is decriminalized in Minnesota, so possession of up to 1.5 ounces for personal use will result in no more than a $200 civil fine. Since the offense is a non-criminal petty misdemeanor, there is no permanent legal record and no probation, though some repeat offenders may be directed to drug education classes.

It is also a petty misdemeanor to carry up to 1.4 grams of marijuana inside a vehicle (except the trunk), while transporting more than that amount is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.

Carrying larger amounts of cannabis is a felony. Possession of between 1.5 ounces and 10 kilograms is punishable by a $5,000 fine and up to 5 years in prison. Possession of between 10 and 50 kilograms is punishable by up to 20 years in prison and $250,000 fin fines.

The maximum sentence for possession of between 50 and 100 kilograms is a 25-year prison term and $500,000 in fines. And getting caught with more than 100 kilograms can result in a maximum 30-year term and $1 million in fines.

Sale

Sale of marijuana is also illegal under any circumstances. Once medical cannabis takes effect, only licensed dispensaries will be allowed to sell the drug.

It is a petty misdemeanor to gift up to 1.5 ounces without remuneration (meaning nothing else of value changes hands). As with simple possession, the top penalty is a $200 ticket.

But sale of anything more than 1.5 ounces is a felony. If the weight is between 1.5 ounces and 5 kilograms, the crime comes with a maximum penalty of 5 years in prison and $10,000 in fines.

Sale of between 5 and 25 kilograms is punishable by 20 years in prison and $250,000 in fines, while sale of 25 to 50 kilograms carries a maximum sentence of 25 years and $500,000. Sale of any weight greater than 50 kilograms can be punished with 35 years in prison and $1 million in fines.

Selling any amount of marijuana to a minor is a felony with a maximum penalty of 20 years in prison and $1.25 million in fines. Selling within a school zone carries a penalty of as many as 15 years in prison and $100,000 in fines.

Offenders who sell more than 25 kilograms of cannabis in a school zone can be sent to prison for 30 years and fined $1 million. Finally, importing marijuana for sale can draw a penalty of 35 years in prison and fines of up to $1.25 million.

Paraphernalia

Use, possession and sale of marijuana paraphernalia are misdemeanors in Minnesota. Paraphernalia includes any items intended for use with the cultivation, growing, harvesting, processing, storing, analysis, testing, or use of marijuana.

Possession and use. It is a petty misdemeanor to use or possess marijuana paraphernalia in Minnesota, subject to a maximum $300 fine. However, a third and any subsequent offenses are punishable by up to 90 days imprisonment, a fine up to $1,000, or both.

Sale and distribution. The sale or advertisement of paraphernalia is a misdemeanor, punishable by a fine not to exceed $1,000.

Sale to a minor. Delivery of paraphernalia to a minor is a gross misdemeanor punishable by a fine not to exceed $3,000 and a maximum sentence of imprisonment of up to 1 year.

MEDICAL MARIJUANA

Minnesota’s medical marijuana law was signed into law by Gov. Mark Dayton in May, 2014. The law removes criminal penalties for the medicinal use of marijuana by qualifying patients.

Qualifying conditions – Amyotrophic Lateral Sclerosis (ALS), Cachexia, Cancer, Crohn’s disease, Glaucoma, HIV/AIDS, Seizures, Severe and persistent muscle spasms, Tourette’s Syndrome and terminal illness.

Patient possession limits – 30-day supply. Only non-smokable forms of marijuana are permitted.

Home cultivation – No

State-licensed dispensaries – Yes

Caregivers – No

Reciprocity – No

Contact informationMinnesota Department of Health

PENALTIES

Minnesota Marijuana Laws
Offense Penalty Incarceration   Max. Fine  
Possession
Less than 42.5 g* misdmeanor N/A $200
42.5 g - 10 kg felony 5 years $5,000
10 - 50 kg felony 20 years $250,000
50 - 100 kg felony 25 years $500,000
More than 100 kg felony 30 years $1,000,000
More than 1.4 grams inside one's vehicle (except the trunk) misdemeanor 90 days $1,000
* A conditional discharge is possible for first time offenders.
* There is a possible drug education course requirement.
Sale
Less than 42.5 g* without remuneration misdmeanor N/A $200
42.5 g - 5 kg felony 5 years $10,000
5 - 25 kg felony 20 years $250,000
25 - 50 kg felony 25 years $500,000
More than 50 kg felony 30 years $1,000,000
Importing 50 kilograms or more felony 35 years $1,250,000
To a minor felony 20 years $250,000
Within a school zone or other specified areas felony 15 years $100,000
More than 25 kg in a school zone felony 30 years $1,000,000
* There is a possible drug education course requirement.
Hash & Concentrates
Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.
Paraphernalia
Possession of paraphernalia misdemeanor N/A $300
Miscellaneous
Conviction for possession or sale while driving may result in a 30 day driver's license suspension.