Effective August 1, 2023, we have a new marijuana reform law in Minnesota. The new law changes the felony amount thresholds. Here are a few headlines about the new law:
- Reschedules to “Schedule 3” (instead of full legalization which would require descheduling);
- Possession by adults still a Prohibition crime, but at a higher felony weight threshold: two pounds;
- Legalizing home grow of up to four mature (flowering) plants).
Weight Thresholds for Marijuana Crimes; Felony Amount
Under the laws effective August 1, 2023 marijuana criminal laws, possession of more than two ounces in public, or two pounds at home, of cannabis flower (plant-form marijuana) is an illegal amount. Possession of more than eight grams of cannabis concentrate is illegal. Sale of any amount of either is illegal.
Sale
The 2023 reform law removed marijuana sale crimes from their previous location in Controlled Substance Crimes, Frist through Fifth Degrees in Chapter 152, to a new Section called Cannabis Sale Crimes, Minnesota Statutes Section 152.0264. A summary of the new Prohibition weight thresholds follows.
Cannabis Flower (plant-form marijuana) Sale
- Two ounces or more cannabis flower (marijuana): 1st Degree, felony (Sale plus enhancing factors); 2nd Degree, gross misdemeanor (Sale plus enhancing factors); 3rd Degree, misdemeanor Cannabis Sale Crime
- Any measurable amount: except a small amount of marijuana for no remuneration: 4th Degree, petty misdemeanor, Cannabis Sale Crimes
Cannabis Concentrate (wax, hash, carts, etc.) Sale
- Eight grams or more cannabis concentrate (wax, hash, carts, etc.): 1st Degree, felony (Sale plus enhancing factors); 2nd Degree, gross misdemeanor (Sale plus enhancing factors); 3rd Degree, misdemeanor Cannabis Sale Crime
- Any measurable amount except a sale for no remuneration: 4th Degree, petty misdemeanor, Cannabis Sales Crimes
Edible Cannabis Products Sale
- 800 milligrams or more tetrahydrocannabinol (THC) in edibles: 1st Degree, felony (Sale plus enhancing factors); 2nd Degree, gross misdemeanor (Sale plus enhancing factors); 3rd Degree, misdemeanor Cannabis Sale Crime
- Any measurable amount except a sale for no remuneration: 4th Degree, petty misdemeanor, Cannabis Sales Crimes
Under Age 21 – Sale
- Aggravating factor increasing criminal liability for weight thresholds above.
- Any measurable amount: sales to someone under 21, even “for no remuneration” 1st, 2nd, 3rd, 4th Degree, depending upon form and weight (see above).
Special locations – Sale
- Include school zone, park zone, treatment facility
- Aggravating factor increasing criminal liability for weight thresholds: 2nd Degree.
Possession Crime Thresholds
The 2023 reform law kept Prohibition Possession Crimes in Controlled Substance Crimes, Frist through Fifth Degrees in Chapter 152. And it added a new Section called Cannabis Possession Crimes, Minnesota Statutes Section 152.0263. A summary of the new Prohibition weight thresholds follows.
Cannabis Flower (plant-form marijuana) Possession Crimes
- 50 kilos or more: felony amount, 1st Degree Controlled Substance Crime
- 25 kilos or more: felony amount, 2nd Degree Controlled Substance Crime
- 10 kilos or more: felony amount, 3rd Degree Controlled Substance Crime
- Two pounds or more: felony amount, 1st Degree Cannabis Possession Crime
- One pound up to two pounds not at home: gross misdemeanor amount, 2nd Degree Cannabis Possession Crime
- Four ounces up to one pound not at home: misdemeanor amount, 3rd Degree Cannabis Possession Crime
- Two ounces up to four ounces not at home: petty misdemeanor amount, 4th Degree Cannabis Possession Crime
- Any amount in a motor vehicle is a misdemeanor, unless sealed in original, approved packaging. But, does not include the trunk if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if not equipped with a trunk. Open Package Law, Minn. Stat. 169A.36. (Note that any amount over a misdemeanor quantity could still be an additional charge.)
Possession of over two pounds of adult-use Cannabis Flower remains a felony amount.
Cannabis Concentrate (wax, hash, carts, etc.) Possession Crimes
- 10 kilos or more: felony amount, 1st Degree Controlled Substance Crime
- 5 kilos or more: felony amount, 2nd Degree Controlled Substance Crime
- 2 kilos or more: felony amount, 3rd Degree Controlled Substance Crime
- 160 grams or more: felony amount, 1st Degree Cannabis Possession Crime
- 80 grams up to 160 grams: gross misdemeanor amount, 2nd Degree Cannabis Possession Crime
- 16 grams up to 80 grams: misdemeanor amount, 3rd Degree Cannabis Possession Crime
- Eight grams up to 16 grams: petty misdemeanor amount, 4th Degree Cannabis Possession Crime
- Any amount in a motor vehicle is a misdemeanor, unless sealed in original, approved packaging. But, does not include the trunk if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if not equipped with a trunk. Open Package Law, Minn. Stat. 169A.36. (Note that any amount over a misdemeanor quantity could still be an additional charge.)
Possession of over 16 grams of adult-use Cannabis Concentrate remains a felony amount.
Edible Cannabis Products Possession Crimes
- One kilo or more tetrahydrocannabinols (THC): felony amount, 1st Degree Controlled Substance Crime
- 500 grams or more tetrahydrocannabinols (THC): felony amount, 2nd Degree Controlled Substance Crime
- 200 grams or more tetrahydrocannabinols (THC): felony amount, 3rd Degree Controlled Substance Crime
- 16 grams up to 200 grams tetrahydrocannabinols (THC): felony amount, 1st Degree Cannabis Possession Crime
- 8 grams up to 16 grams tetrahydrocannabinols (THC): gross misdemeanor amount, 2nd Degree Cannabis Possession Crime
- 1,600 milligrams up to 8 grams tetrahydrocannabinols (THC): misdemeanor amount, 3rd Degree Cannabis Possession Crime
- 800 milligrams up to 1,600 milligrams tetrahydrocannabinols (THC): petty misdemeanor amount, 4th Degree Cannabis Possession Crime
- Any amount in a motor vehicle is a misdemeanor, unless sealed in original, approved packaging. But, does not include the trunk if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if not equipped with a trunk. Open Package Law, Minn. Stat. 169A.36. (Note that any amount over a misdemeanor quantity could still be an additional charge.)
Possession of over 16 grams of adult-use Edible Cannabis Products remains a felony amount.
Growing Cannabis Crimes
The Minnesota 2023 reform law sets up a regulatory structure for a legal cannabis market, with licensing. But it also recognizes citizen’s rights to grow limited amounts at home. Other than that, Prohibition crimes linger for growing marijuana, in a new Cannabis Cultivation Crimes section, Minn. Stat. 152.0264. Criminal limits are defined by plant number and weight. A summary follows.
- 23 or more cannabis plants: felony, 1st Degree Cannabis Cultivation Crime
- 16 up to 23 cannabis plants: gross misdemeanor, 2nd Degree Cannabis Cultivation Crime
- Nine or more cannabis plants total or more than four mature,
flowering plants, without a license to cultivate: civil penalty of $500 per plant. Minn. Stat. 342.09, Subds. 2 & 6 (e). - Eight or fewer cannabis plants total including up to four mature,
flowering plants, without a license, at home: Recognized as lawful. Minn. Stat. 342.09, Subds. 2
General Maximum Penalties
Regardless of felony amount, judges rarely sentence convicted defendants to the maximum penalty. But the maximum prison term is the upper limit on the length of probation. And if a judge imposes a year or more prison time, that is a felony level sentence. Anything less is not.
- 1st Degree Controlled Substance Crime: not more than 30 years
- 2nd Degree Controlled Substance Crime: not more than 25 years
- 3rd degree Controlled Substance Crime: to imprisonment for not more than 20 years
- 1st Degree Cannabis Sale & Possession Crimes: not more than 5 years
- 2nd Degree Cannabis Sale & Possession Crimes: not more than one year
- 3rd Degree Cannabis Sale & Possession Crimes: not more than 90 days
- 4th Degree Cannabis Sale & Possession Crimes: $300 fine.
- 1st Degree Cannabis Cultivation Crime: not more than 5 years
- 2nd Degree Cannabis Cultivation Crime: not more than one year
- Open Package in a Motor Vehicle: not more than 90 days
Defense Implications of Felony Amount Weight Thresholds
Minnesota’s criminal Prohibition law weight thresholds continue the state’s policy of setting criminal penalties commensurate with quantity of contraband.
And in certain cases, these thresholds can help criminal defense attorneys like Thomas Gallagher to reduce penalties where the state’s evidence is either close to a weight threshold or is uncertain.
In the case of the new cannabis cultivation crimes, rather than weight, Minnesota laws measure criminality by number of cannabis plants.
Have a question about a felony amount or a Minnesota marijuana case? You can call Thomas Gallagher, Minnesota Marijuana Lawyer, at 612 333-1500
See our articles:
Is Odor of Marijuana Probable Cause to Suspect a Crime?
Identity – Marijuana, Resin, THC, Plants
How to Avoid a Marijuana Arrest in a Car: Nine Tips