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Penalties for Marijuana Possession in MN Criminal Defense, Drug Crimes, Drug Related Offenses

Penalties for Marijuana Possession in MN

2 years ago by Brian
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Although there is a nationwide campaign to legalize marijuana in various states and several states have already legalized the substance, possession of marijuana for recreational use is a crime in Minnesota. Those found guilty face varying maximum penalties and fines, including:


  1. 42.5 grams or less = Misdemeanor charge, $200 fine, no jail time
  2. Having more than 1.4 grams in a vehicle (outside the trunk) = Misdemeanor charge, $1,000 fine, 90 days in jail
  3. 42.5 grams to 10 kg = Felony charge, $10,000 fine, five years in prison
  4. 10 to 50 kg = Felony charge, $250,000 fine, 20 years in prison
  5. 50 to 100 kg = Felony charge, $500,000 fine, 25 years in prison
  6. More than 100 kg = Felony charge, $1,000,000 fine, 30 years in prison


These penalties are only for possession, and the penalties for the alleged sale of marijuana are much steeper. We go into greater detail regarding certain possession penalties below.

Minnesota’s “Small Amount” of Marijuana Possession Law

Although possession and sale of marijuana are still prohibited in Minnesota, the state has decriminalized personal possession of a “small amount” of marijuana. Under Minnesota Statute § 152.027, it is a petty misdemeanor to possess less than 42.5 grams.


This means that if you are caught in possession of a small amount of marijuana, the marijuana will be seized by police, and you’ll only likely receive a ticket. You will likely not be arrested or detained because your penalty for possession of that small amount is limited to paying a fine of not more than $200. However, it is important to note petty misdemeanor citations or tickets are public records, so they will show up on employer background checks.


If you have been ticketed for possession of a small amount of marijuana, you should call us at JS Defense to discuss strategies with our experienced Woodbury, MN drug possession lawyer on how to keep the offense off of your public record.

Marijuana in a Motor Vehicle

There is an exception to the small amount of marijuana law, and that is drug possession of more than 1.4 grams of marijuana in a vehicle is a misdemeanor offense. The maximum fine for the offense is $1,000, and the person convicted of the offense can face a jail sentence of up to 90 days. Also, a person found guilty of this misdemeanor offense will have his or her driver’s license revoked for 30 days.

Minnesota Medical Marijuana

In 2015, Minnesota enacted a medical marijuana program that allows possession of a 30-day supply of marijuana under narrow and strict conditions.

Discuss Your Case with a Woodbury, MN Drug Crimes Attorney

If you’ve been charged with possessing marijuana, contact our office today for a free evaluation and to discuss options you may have to avoid pleading guilty and losing your license.

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