As many folks may be aware, April 20 (4/20) is a day to celebrate/honor/recognize marijuana. Just so you’re aware, in some states, it’s legal to possess marijuana for recreational use. These states include Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Montana, New Jersey, New Mexico, New York, Nevada, Oregon, Vermont, Virginia, and Washington. However, even though it may be legal to possess marijuana for recreational use under the laws of some states, it’s still illegal to possess marijuana under federal law. In general, the federal government isn’t prosecuting people for recreational marijuana possessions, but it is still important to be aware that possession of marijuana remains illegal under federal law, and Minnesota has only legalized some forms of THC-infused products.
In Minnesota, the amount, form, and location of the marijuana are all considered in charging decisions in marijuana possession cases:
- 42.5 grams or less not in the passenger compartment of a car is a petty misdemeanor
- More than 1.4 grams in the passenger compartment of a car is a misdemeanor
- More than 42.5 grams is a felony
- Any amount of wax is a felony, as well as any THC-infused edible that is outside the regulations set forth by the Minnesota legislature in 2022.
What do those amounts look like? Here’s Attorney Mike Brandt demonstrating 42.5 grams (left) and 1.4 grams (right):
As with all criminal cases, there are many nuances to marijuana charges. If you are charged with a criminal drug offense or concerned charges may be coming, reach out to one of our attorneys to discuss your options.