Minnesota Marijuana Attorney, Thomas Gallagher, presented his Continuing Legal Education course: “Defending Marijuana Cases,” June 15, 2018. He spoke to 200 of the best defense lawyers in Minnesota; at the 33rd Annual Minnesota Society for Criminal Justice DWI Seminar.
Topics covered by Attorney Thomas Gallagher at “Defending Marijuana Cases” included:
- “Scheduling,” Minnesota & federal
- Medical marijuana issues
- Medical necessity defense
- Marijuana in a Motor Vehicle defenses
- Small amount “resinous form” technical loophole
- Prolonged detention abuses & remedies
- Auto searches based on odor of marijuana as probable cause
- Drug testing; screening vs. lab tests; false positives, proof of identity
- Weight issues in marijuana cases
- Conflicting definitions of marijuana vs. mixture vs. hemp
- Unconstitutional presumption: “intent to sell” based on possession
- Growing charged as sale even though no sale
- Circumstantial evidence & “construction possession“
- Circumstantial evidence not enough unless inconsistent with any rational hypothesis except guilt
- Passenger vs. driver; mere presence is not enough jury instruction
- Right to present a defense
- Jury nullification & rule of lenity, marijuana cases
- First Amendment religious freedom defense
- DWI-marijuana cases
- Short half-life of blood THC
- THC (psychoactive) vs THC-metabolites (non-psychoactive)

Attorney Thomas Gallagher: Defending Marijuana Cases
Attorney Thomas Gallagher is a frequent presenter of Continuing Legal Education courses on criminal law topics.
And many know him for his advocacy for the reform of marijuana laws, serving on the Board of Directors of the Minnesota chapter of NORML, as well as speaking marijuana law reform. Attorney Thomas Gallagher also writes often on existing marijuana laws as well as proposed legal reforms.
If you are a lawyer, or a person with a question about defending marijuana cases, call Attorney Thomas Gallagher: 612 333-1500.
Other articles of interest
Thomas Gallagher teaches DUI-marijuana & Hemp Defenses
Gallagher Gets Large Marijuana Grow Charges Dismissed; Search
Large Marijuana Case on I-94; Gallagher Wins Illegal Search