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    • Michael Brandt
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      Legislature Watch: Marijuana Legalization

      Legislature Watch: Marijuana Legalization

      The debate over legalizing recreational marijuana is coming to Minnesota. The Minnesota House of Representatives indicated they may take up the issue of marijuana this year, focusing on: broadening the medical marijuana program, reforming criminal justice to lessen penalties for nonviolent drug offenders, and “highly regulated” legalization of recreational use marijuana, in that order of priority. There is also potential...

      I Got Another DWI – Will I Do Jail Time?

      I Got Another DWI – Will I Do Jail Time?

      Upon an arrest for a subsequent DWI within ten years of the first DWI, the driver almost always is jailed and held for a bail hearing before a judge in court. If the case resolves with a conviction (meaning either the driver pleads guilty or is found guilty by a jury), then the mandatory minimum amount of jail time required...

      I Got Kicked Out of My Own House – Can They Do That?

      I Got Kicked Out of My Own House – Can They Do That?

      Can the courts really kick someone out of his or her own house? Yes, in certain situations. The most common we see is where the person who solely owns or rents the residence is accused of domestic assault. The accuser, who is in a domestic relationship with the accused, may not be on the title or lease, but lives primarily...

      Is Marijuana Wax Legally Different than Weed?

      Is Marijuana Wax Legally Different than Weed?

      Yes! Wax is a concentrated version of marijuana made from a butane extraction. The higher levels of Tetrahydrocannabinols (THC) content make it more potent than traditional marijuana and lead to intense highs, all without creating an odor. Possession of weed or marijuana (the dried green, leafy buds) up to 42.5 grams is only a petty misdemeanor in Minnesota. However, possession...

      He Lied! But is it Perjury?

      He Lied! But is it Perjury?

      There is an adage that says “There are three sides to every story: yours, mine, and the truth. And all three are right.” The sentiment behind this saying is that everyone can recall a particular event or circumstance differently, without any one of them being wrong. Differing memories, opinions, or impressions about the same event do not necessarily mean that...

      I’ve been harassed! Can I get a harassment restraining order?

      I’ve been harassed! Can I get a harassment restraining order?

      Unfortunately, harassment of all types has been in the news recently. These behaviors range from childish and immature to dangerous and criminal. While protecting yourself from harassing or unwanted behavior is certainly important, understanding the difference between the common knowledge and legal definitions of harassment is important before determining an appropriate course of action. The common knowledge definition of harassment,...

      Can I get a DWI if I take prescription drugs?

      Can I get a DWI if I take prescription drugs?

      Under Minnesota law, it is a crime to drive, operate, or be in physical control of any motor vehicle if your body contains any amount of a Schedule I or II controlled substance other than marijuana or its derivatives. Schedule I or II substances not only include illicit substances such as heroin, LSD, and Ecstasy, but also common prescription medications...

      Apparently Huffing Dust-Off and Driving is Not Illegal in Minnesota

      Apparently Huffing Dust-Off and Driving is Not Illegal in Minnesota

      The Minnesota Supreme Court ruled that DFE is not a hazardous substance for DWIs. State v. Carson, A15-1678 (Minn. Oct. 11, 2017) (read the case here). In Minnesota, one can get a DWI without consuming alcohol, but can if under the influence of a controlled substance, with any amount of a Schedule I or II controlled substance (except marijuana), or...

      Disorderly Conduct Statute Ruled Partially Unconstitutional

      Disorderly Conduct Statute Ruled Partially Unconstitutional

      The Minnesota Supreme Court held as unconstitutional a portion of the disorderly conduct statute related to disturbing lawful assemblies or meetings, but did not rule on other portions of the statute. The Court ruled in the case of Robin Hensel, who was charged with disorderly conduct under Minn. Stat. § 609.72, Subd. 1(2). Ms. Hensel attended a Little Falls City...

      Driving While High

      Driving While High

      “I’m just smoking weed tonight, I’ll be your designated driver.” Perhaps you or a friend has said this before. The problem is that one can still get a DWI if he or she is smoking weed, even without drinking a drop of alcohol. In Minnesota, marijuana is an illegal controlled substance without a medical prescription. But in order to be...

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