The other day I was talking to a prosecutor. And I told him that we needed to keep my client’s public record clean. “We don’t want words like ‘marijuana,’ ‘drug paraphernalia,’ and ‘criminal conviction’ there.” And he mischievously said, “You know how he could avoid all that, don’t you? Don’t get caught.” He was joking, but like many jokes there… Read More »How to Avoid a Marijuana Arrest in a Car in Minnesota: Nine Tips
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Driving under the influence of marijuana is already a crime in Minnesota. And that will not change when Minnesota legalizes marijuana. marijuana DUI will still be a crime. Unfortunately, some opponents of legalization use false beliefs, disproven by law-enforcement funded scientific research, to argue against legalization. So some promote fear that legalization will equate to more marijuana DUI cases. And their unstated… Read More »The Myth of Marijuana DUI vs. Science
1970s partial decriminalization of marijuana; the loophole In 1976, Minnesota decriminalized possession of a “small amount” of marijuana. Or did it? Minnesota has only partially decriminalized a small amount of marijuana. Why partially? Minnesota’s decrim law applies to plant-form only. But the law left a loophole for “the resinous form of marijuana,” still a felony. And the “resinous form” comes in many forms, under many names. These… Read More »Minnesota’s Incomplete Marijuana Decriminalization – Resinous Form Exception
Has the time come to remove marijuana from Minnesota’s Schedule 1 of the Minnesota Controlled Substances Act? Here is an explanation of why; and how we can. The Minnesota Controlled Substances Act is Minnesota Statutes Chapter 152. And it is similar to the Federal Controlled Substances Ac, 21 United States Code Sections 801 et seq. After all, they both… Read More »Removing Marijuana from Minnesota’s Schedule 1 Law
Marijuana Grow Cases in Minnesota Prosecutors file marijuana grow charges in both federal and state courts. Marijuana grow defense attorney Thomas Gallagher provides an overview of Minnesota criminal marijuana grow laws. But most marijuana growing prosecutions are in State court, not federal. One reason? If harmful to health at all, marijuana is safer than other… Read More »Marijuana Grow
Identity of the material that the government is claiming is marijuana may be at issue in many cases. If the government is unable to prove that some material is marijuana, it’s resinous form, THC or a marijuana plant, then the accused is not guilty of a marijuana sale or possession crime.