Can I Be Arrested for Cannabis Possession in Minnesota Even Though it is Legal?

As of August 2023, Minnesota has fully legalized cannabis throughout the state, which allows possession, use, and home cultivation for anyone who is 21 or older. However, it’s still possible to be arrested for marijuana-related charges, as the state did not legalize all cannabis-related activity for everyone. 

Too many people underestimate cannabis-related charges, given the relaxed approach to personal use in MN. However, if you face charges for a cannabis offense, you need a strong defense to minimize the potential consequences. A Minnesota drug crimes lawyer at Capitol City Law Group can help you better understand your rights when it comes to marijuana offenses and build a strong case in your favor.

Contact us online or call (651) 705-6311 to set up a free consultation with a skilled attorney at Capitol City Law Group today.

How Can I Be Arrested for Marijuana Possession in Minnesota?

While it’s now legal for adults to properly possess, transport, and use certain amounts of marijuana and cannabis paraphernalia for personal use within the state of Minnesota, you can still face criminal charges related to cannabis possession. 

For starters, it’s still illegal for non-licensed individuals to: 

• Possess in public more than two ounces of cannabis flower, 800 milligrams of cannabis edibles, or eight grams of THC concentrate
• Sell marijuana or marijuana products without fulfilling the proper requirements
• Sell cannabis to a minor under any circumstances or distribute marijuana in restricted areas, such as school zones

Minors can be arrested for possessing marijuana because it’s only legal for those age 21 and older. There are other situations involving cannabis that may result in criminal charges, so be sure you understand what you can and cannot do.

Driving-Related Marijuana Charges in Minnesota

It also remains strictly illegal to drive while impaired (DWI) by marijuana. Legalizing personal use of marijuana in no way legalizes driving while  impaired by any substance. If police officers suspect you are impaired, they can arrest you. “Stoned” drivers can be charged with DWI involving a controlled substance, and law enforcement is strict on drugged driving in Minnesota.

Further, driving is not the only vehicle-related offense involving cannabis. Keep in mind that Minnesota law still prohibits any of the following:

• Using any cannabis product or even opening marijuana packaging in a vehicle
• Having unsealed containers of cannabis in a vehicle that are accessible to a driver or passengers (i.e., not in the trunk)

Some people might have an open container of edibles in a purse or bag, not thinking much about it, since it was lawful to purchase and possess. However, once you bring that bag into a car and place it on a passenger seat while driving, you can be in violation of the law. 

Can I Be Arrested for Drugs That Aren’t Mine?

If you’re dealing with a drug possession arrest, but the recovered drugs weren’t yours, it’s critical to get in touch with a defense attorney. Generally speaking, you can be charged with possession if drugs are found anywhere on your person or your property, even if someone else placed them there. 

Your defense lawyer can conduct their own investigation and present evidence showing that you were unaware of the drugs, which can be a solid defense against possession allegations.

Penalties for Marijuana Possession over Two Ounces in Minnesota

If you are accused of possessing unlawful amounts of marijuana in Minnesota, you could be charged with anywhere from a petty misdemeanor to a felony. Possessing just two to four ounces, for example, is a petty misdemeanor, which can mean a fine of up to $300. More than four ounces can mean up to 90 days in jail and a $1,000 fine. 

Possession of over two pounds of cannabis is a felony charge, leading to a possible five years in prison and $10,000 in fines. Additionally, any criminal conviction can have long-lasting consequences on your future, possibly affecting employment opportunities and other aspects of your life.

Reach Out to a Minnesota Drug Crime Defense Lawyer Today

You may be wondering whether a lawyer can help fight cannabis possession charges in St. Paul. The short answer is yes. If you are facing a marijuana charge in Minnesota, Capitol City Law Group is here to help.

Our team has over 50 years of combined experience handling complex cases, and we’re ready to put our skills to use for you. Contact our office to set up your free consultation today.