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
Self-defense and The Other: Self-defense is a legal defense to certain criminal charges in Minnesota. A defendant can plead self-defense when facing charges of: assault, murder, and disorderly conduct, among others. It is not a bright-line sort of law. If it were, the law would be easier to apply; but justice and fairness would suffer. Instead, the… Read More »Self-defense and The Other
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
What are the most important underage drinking laws in Minnesota? Can police force a minor consumption suspect to blow into a breath test machine? The three biggest legal problems for those underage are: (1) underage consumption; (2) minor in possession of alcohol; and, (3) underage drinking and driving (“not a drop”) Underage drinking laws and driving The most… Read More »Underage Consumption > Can a Minor Refuse a Breath Test in Minnesota?
Another year, another truckload of laws – the usual, right? How does that affect you, and traffic stops? For the most part, hopefully it doesn’t. But when you consider the fact that most criminal law problems – large and small – start as vehicle traffic stops; it pays to be aware of laws allowing police to stop you. Here… Read More »Avoiding Traffic Stops – Minnesota Laws
The use of force in self-defense is a defense to many criminal charges, from felony to misdemeanor level. But when it comes to self-defense law, courts look to the totality of circumstances. There is no bright line test. But one important factor is disparity of force. Yes, disparity of force means what it sounds like. … Read More »Disparity of Force and Self-Defense