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
The Governor is the head of the executive branch of government; but is not a King. So, the Governor only has the powers delegated to him by law, and limited by law. Now that the Minnesota Governor “ordered” a mask mandate, with enforcement penalties, we may ask: “Is that ‘order’ lawful? Is it enforceable?” As… Read More »Why Gov’s Minnesota Mask Mandate Order Is Illegal, Unenforceable
A Minnesota felony doesn’t always impair gun rights. But many still believe that “any Minnesota felony conviction will mean a lifetime loss of gun rights.” That’s wrong. When felony probation ends, Minnesota law automatically restores gun rights, with other civil rights. At least, this is the general rule of Minnesota law. We discuss exceptions to that general rule below. The Right to Firearms The right… Read More »Felony doesn’t always impair Minnesota gun rights
“Can my rights to firearms be restored after a conviction for a misdemeanor crime of domestic violence?” Yes, you can restore gun rights after a misdemeanor domestic. But it’s complex. Once upon a time, the law stripped a person’s civil rights for a felony; but not a misdemeanor. A nice bright line. Well, not any more.… Read More »Restoring Gun Rights After a Domestic Misdemeanor in Minnesota
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
One quarter gram marijuana oil threshold Quarter gram marijuana oil: The Minnesota Legislature made some changes to Minnesota “Controlled Substance” laws, effective August 1, 2016. One change created a Gross Misdemeanor for some “controlled substance” possession, for less than 0.25 grams or one dosage unit. Limitations Limited to first-timers: This law only applies to a person “not …… Read More »Less Than One-Quarter Gram Possession Gross Misdemeanor Crime
