Wide acclaim met Minnesota’s decrim law in 1976. It “decriminalized” possession of a small amount of marijuana, by making it a petty misdemeanor, so it would no longer be a criminal offense. Or did it? Not really. And that’s the bad news. But the good news is that we can clean up the law with… Read More »Why Minnesota’s Marijuana Decrim Law Is Broken; How To Fix It
Once upon a time in Minnesota, an expungement restored a person convicted of a crime to full rights of citizenship. But today, for example, a typical Minnesota Expungement does not restore civil rights to: Firearms, Privacy, or Minnesota Department of Human Services records. So Minnesota expungement is broken. What can we do to fix it?… Read More »Civil Rights, Guns & Marijuana: Why Expungement is Broken in Minnesota
Is it time for marijuana legalization in Minnesota? Opposing legalization is now political suicide Opposing marijuana legalization for responsible adult use is now political suicide. That might surprise some. But much has changed. Recently Gallup reported its polling on the issue: “Sixty-six percent of Americans now support legalizing marijuana.” Democracy? Bipartisan Majorities And support is bipartisan. More Democrats… Read More »Marijuana Legalization in Minnesota: the Right Way
The other day I was talking to a prosecutor. And I told him that we needed to keep my client’s public record clean. “We don’t want words like ‘marijuana,’ ‘drug paraphernalia,’ and ‘criminal conviction’ there.” And he mischievously said, “You know how he could avoid all that, don’t you? Don’t get caught.” He was joking, but like many jokes there… Read More »How to Avoid a Marijuana Arrest in a Car in Minnesota: Nine Tips
Driving under the influence of marijuana is already a crime in Minnesota. And that will not change when Minnesota legalizes marijuana. marijuana DUI will still be a crime. Unfortunately, some opponents of legalization use false beliefs, disproven by law-enforcement funded scientific research, to argue against legalization. So some promote fear that legalization will equate to more marijuana DUI cases. And their unstated… Read More »The Myth of Marijuana DUI vs. Science
1970s partial decriminalization of marijuana; the loophole In 1976, Minnesota decriminalized possession of a “small amount” of marijuana. Or did it? Minnesota has only partially decriminalized a small amount of marijuana. Why partially? Minnesota’s decrim law applies to plant-form only. But the law left a loophole for “the resinous form of marijuana,” still a felony. And the “resinous form” comes in many forms, under many names. These… Read More »Minnesota’s Incomplete Marijuana Decriminalization – Resinous Form Exception