Weight Thresholds Marijuana

Weight Thresholds for Marijuana Criminal Prosecutions in Minnesota

Sale

  • mj-chicken25 kilos or more: mixtures of 25 kilograms or more containing marijuana or Tetrahydrocannabinols (THC): 1st Degree
  • 10 kilos or more: mixtures of ten kilograms or more containing marijuana or THC: 2nd Degree
  • 5 kilos or more: mixtures of a total weight of five kilograms or more containing marijuana or THC: 3rd Degree
  • Any measurable amount: mixtures containing marijuana or THC, except a small amount of marijuana for no remuneration: 5th degree

Under Age 18

  • Any measurable amount: sells to a person under age 18 or conspires with a person under the age of 18 to sell, mixtures containing a controlled substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug: 3rd Degree

Special locations

  • 5 kilos or more: in a school zone, a park zone, a public housing zone, or a drug treatment facility: (iii) one or more mixtures of five kilograms or more containing marijuana or THC: 2nd Degree.
  • Any measurable amount: any amount of marijuana or THC in a school zone, a park zone, a public housing zone, or a drug treatment facility, except a small amount for no remuneration: 4th degree.

Possession

  • 50 kilos or more: mixtures of a total weight of 50 kilograms or more containing marijuana or THC = 1st Degree
  • 25 kilos or more: mixtures of a total weight of 25 kilograms or more containing marijuana or THC = 2nd Degree
  • 10 kilos or more: mixtures of a total weight of ten kilograms or more containing marijuana or THC = 3rd degree
  • Any measurable amount: mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana = 5th degree, except a “small amount of marijuana” (42.5 grams or less, other than “the resinous form of marijuana”)
  • 42.5 grams or less but more than 1.4 grams of “marijuana” in a motor vehicle but “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” is a misdemeanor. Does not include “the resinous form of marijuana”
  • 42.5 grams or less “marijuana:” petty misdemeanor.  Does not include “the resinous form of marijuana”

Plants – possession

  • 500 or more plants: possesses 500 or more “marijuana plants:” 1st Degree
  • 100 or more plants: possesses 100 or more “marijuana plants:” 2nd Degree

Mixture – Bong Water Exception

1st Degree, 2nd Degree, 3rd degree: the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid

General Maximum Penalties

  • 1st Degree: not more than 30 years
  • 2nd Degree: not more than 25 years
  • 3rd degree: to imprisonment for not more than 20 years
  • 4th degree: imprisonment for not more than 15 years
  • 5th degree: imprisonment for not more than five years, except not more than one year if not been previously convicted of a violation of this chapter or a similar offense in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units
Question about a Minnesota marijuana case?  You can make a phone call to Thomas Gallagher, Minneapolis Marijuana Lawyer, at 612 333-1500