Marijuana in a Motor Vehicle

Sometimes police write it up as “small amount of marijuana in a motor vehicle.”  Years ago, they’d write on the citation “open bottle – marijuana” – same idea.

Even though a “small amount of marijuana” (42.5 grams or less), it’s a misdemeanor crime if “in a motor vehicle.”

Here is the statute:

Cannabis_Cannabus-smMinnesota Statutes 152.027 (2018), Subd. 3.

“Possession of marijuana in a motor vehicle. A person is guilty of a misdemeanor if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.”

The desired outcome for most people accused of this crime is to prevent a public record of a marijuana conviction.

Gallagher's Minnesota Marijuana in a Motor Vehicle CLE
Gallagher’s Minnesota Marijuana in a Motor Vehicle CLE

Loss of Driver’s License & Driver’s License Record

Generally Minnesota Courts have made marijuana in a motor vehicle a “payable offense” meaning that the ticketed person can pay the fine without appearing in court.  This, however, will both result in a conviction as well as a driver’s license record notation and 30 day or more license revocation.

Why Retain a Defense Lawyer?

We have a high rate of success in these cases.  It’s worth the cost of hiring a good defense lawyer to avoid a public marijuana criminal conviction record, as well as the driver’s license record and revocation.

Question?  You can make a phone call to Thomas Gallagher, Minneapolis Marijuana Lawyer at 612 333-1500