Weight Thresholds Marijuana

Weight Thresholds for Marijuana Criminal Prosecutions in Minnesota

Under the current marijuana criminal laws, possession of more than 42.5 grams of plant form marijuana is a felony amount.  And possession of more than 0.25 grams of marijuana wax is a felony amount.  Sale of any amount of either is a felony.

Sale

  • 25 kilos or more: mixtures of 25 kilograms or more containing marijuana or Tetrahydrocannabinols (THC): 1st Degree
    Felony amount weight thresholds in Minnesota
    Felony amount weight thresholds in Minnesota
  • 10 kilos or more: mixtures of ten kilograms or more containing marijuana or THC: 2nd Degree
  • 5 kilos or more: mixtures 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: sales with someone under 18, of mixtures containing a Schedule I, II, or III drug, except a Schedule I or II narcotic: 3rd Degree

     Special locations

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

Possession – Felony Amount Thresholds

  • 50 kilos or more: mixture of 50 kilograms or more containing marijuana or THC is a felony amount = 1st Degree
  • 25 kilos or more: mixture of 25 kilograms or more containing marijuana or THC is a felony amount= 2nd Degree
  • 10 kilos or more: mixture of ten kilograms or more containing marijuana or THC is a felony amount= 3rd degree
  • Any measurable amount: mixture containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana = 5th degree felony amount, with two exceptions.  One exception is a “small amount of marijuana” (42.5 grams or less, other than “the resinous form of marijuana”), which is not a felony amount.  The other exception is 0.25 grams or less of the resinous form for a first-timer, also not a felony amount.
  • 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 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

Judges rarely sentence convicted defendants to the maximum penalty.  The maximum prison term is, however, the upper limit on the length of probation, if any.  If a judge imposes a year-and-a-day or more prison time, that is a felony level sentence.  Anything less is not.

  • 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
Right to an Attorney, Thomas Gallagher defends

Thomas Gallagher, Marijuana Attorney

Question about a Minnesota marijuana case?  You can call Thomas Gallagher, Minneapolis Marijuana Lawyer, at 612 333-1500