Minnesota Marijuana Laws

Marijuana is illegal for recreational use in Minnesota, but it is explicitly allowed for a variety of medical conditions.

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 $10,000 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 in 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 $250,000 in fines. Selling within a school zone carries a penalty of as many as 15 years in prison and $100,000 in fines. The school-zone penalty increases to a possible 25 years imprisonment and $500,000 for amounts of between 5 and 25 kilograms.

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 500 kilograms or more of marijuana for sale, or using a minor in the import process, can draw a penalty of 35 years in prison and fines of up to $1.25 million.

Cultivation

Cultivation of marijuana is treated the same as possession in Minnesota, based on the aggregate weight of the plants seized.

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

Offense Penalty Incarceration   Max. Fine

Possession

42.5 g or less* Misdemeanor N/A $ 200
More than 42.5 g – less than 10 kg Felony 5 years $ 10,000
10 – less than 50 kg Felony 20 years $ 250,000
50 – less than 100 kg Felony 25 years $ 500,000
100 kg or more 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

42.5 g or less* without remuneration Misdemeanor N/A $ 200
More than 42.5 g – less than 5 kg Felony 5 years $ 10,000
5 – less than 25 kg Felony 20 years $ 250,000
25 – less than 50 kg Felony 25 years $ 500,000
50 kg or more Felony 30 years $ 1,000,000
Importing 100 kg or more or using a minor to import 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
5 – less than 25 kg in a school zone Felony 25 years $ 500,000
25 kg or more in a school zone Felony 30 years $ 1,000,000
* There is a possible drug education course requirement.

Cultivation

See Possession section for details.

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law.

Paraphernalia

Possession of paraphernalia Misdemeanor N/A $ 300
Sale/Advertise Misdemeanor N/A $ 1,000
Sale to a minor Misdemeanor 1 year $ 3,000

Miscellaneous

Conviction for possession or sale while driving may result in a 30 day driver’s license suspension.