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): 1^st Degree

• 10 kilos or more: mixtures of ten kilograms or more containing marijuana or THC: 2^nd Degree
• 5 kilos or more: mixtures of five kilograms or more containing marijuana or THC: 3^rd Degree
• Any measurable amount: mixtures containing marijuana or THC, except a small amount of marijuana for no remuneration: 5^th degree

     Under Age 18

• Any measurable amount: sales with someone under 18, of mixtures containing a Schedule I, II, or III drug; other than a Schedule I or II narcotic: 3^rd 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: 2^nd 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: 4^th degree.

Possession – Felony Amount Thresholds

• 50 kilos or more: mixture of 50 kilograms or more marijuana or THC is a felony amount = 1^st Degree
• 25 kilos or more: mixture of 25 kilograms or more marijuana or THC is a felony amount= 2^nd Degree
• 10 kilos or more: mixture of ten kilograms or more marijuana or THC is a felony amount= 3^rd degree
• Any measurable amount: mixture containing a controlled substance classified in Schedule I, II, III, or IV; other than a small amount of marijuana = 5^th degree felony amount, with two exceptions.  One exception is a “small amount of marijuana” (42.5 grams or less, other than “the resinous form”); 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 is a misdemeanor. But beware: does not include “the resinous form.” And, a “vehicle 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.”
• 42.5 grams or less “marijuana:” petty misdemeanor.  Does not include “the resinous form of marijuana”
• See our: Minnesota’s Incomplete Marijuana Decriminalization – Resinous Form Exception

Plants – possession

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

Mixture – Bong Water Exception

1^st Degree, 2^nd Degree, 3^rd 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.

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-and-a-day or more prison time, that is a felony level sentence.  Anything less is not.

• 1^st Degree: not more than 30 years
• 2^nd Degree: not more than 25 years
• 3^rd degree: to imprisonment for not more than 20 years
• 4^th degree: imprisonment for not more than 15 years

• 5^th degree: imprisonment for not more than five years, with one exception.  A prosecutor can charge a Gross Misdemeanor possession charge if (1) no previous drug conviction; (2) the amount of the controlled substance in possession, other than heroin, is less than 0.25 grams or one dosage unit or less.

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