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Charges for Marijuana Possession in MN 2023 Criminal Defense, Drug Crimes

Charges for Marijuana Possession in MN 2023

1 year ago by Brian
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The Minnesota legislature is reviewing a bill proposal that could legalize recreational marijuana in the state. Even though some legislators have vowed to legalize marijuana in 2023, the law has not passed or taken effect yet.


Despite more and more states with legal recreational marijuana in the U.S., personal possession of the drug can still have consequences in Minnesota in 2023. 


If you are accused of possessing marijuana, you should discuss the situation with a defense attorney in your area immediately. 


Current Minnesota Laws


Many states without legal recreational marijuana have at least decriminalized possession charges.


Minnesota has only partially decriminalized certain charges – even though there is no jail time for the most minor possession allegations, it is still considered to be a criminal offense.


This means that a conviction will still go on a criminal record and have other potentially lasting consequences. 


The marijuana possession charges in Minnesota at the start of 2023 are as follows:


  1. Possession of 42.5 grams or less = Misdemeanor charge, a possible fine of $200
  2. Possession of 1.4 grams or more in a vehicle (aside from the truck) = Misdemeanor charge, possible 90 days in jail, and fines up to $1,000
  3. Possession of 42.5 grams to 10 kilograms = Felony charge, possible five years in prison, and fines up to $10,000
  4. Possession of 10 kilograms to 50 kilograms = Felony charge, possible 20 years in prison, and fines up to $250,000
  5. Possession of 50 kilograms to 100 kilograms = Felony charge, possible 25 years in prison, and fines up to $500,000
  6. Possession of more than 100 kilograms = Felony charge, possible 30 years in prison, and fines up to $1,000,000


Even though simple possession charges do not mean jail time, the charges and penalties escalate quickly if someone possesses larger amounts.


Further, if you are arrested for marijuana possession while driving, you can face a 30-day driver’s license suspension. 


For possession of 42.5 grams or less, there is a possibility of a defendant getting a conditional discharge if they attend a drug education course.


Your defense attorney can determine whether this is an option in your case or not. 


There are more serious charges and penalties when someone is accused of selling marijuana. An allegation of possessing more than five kilograms is a felony with a possible prison sentence of 20 years.


Moreover, possessing marijuana – in any amount – to allegedly sell to a minor or in a school zone is an automatic felony with a possible 15 to 20 years in prison (or more for larger amounts). 


Learn How a Woodbury, MN Drug Charge Defense Lawyer Can Help


Despite the legislation being considered, current Minnesota law in 2023 still takes marijuana possession for recreational use very seriously.

If you are arrested for any offense relating to marijuana or another drug in the Woodbury area, you should reach out to J.S. Defense, P.A., right away. Contact us to discuss your charges and how we can help. Call: 651-365-9426.


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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Justin M. Schiks who has more than 20 years of legal experience as a personal injury attorney.

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