| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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| 42.5 g or less* | Misdemeanor | N/A | $ 200 |
| More than 42.5 g - less than 10 kg | Felony | 5 years | $ 10,000 |
| 10 - less than 50 kg | Felony | 20 years | $ 250,000 |
| 50 - less than 100 kg | Felony | 25 years | $ 500,000 |
| 100 kg or more | Felony | 30 years | $ 1,000,000 |
| More than 1.4 grams inside one's vehicle (except the trunk) | Misdemeanor | 90 days | $ 1,000 |
| * A conditional discharge is possible for first time offenders. | |||
| * There is a possible drug education course requirement. | |||
Sale |
|||
| 42.5 g or less* without remuneration | Misdemeanor | N/A | $ 200 |
| More than 42.5 g - less than 5 kg | Felony | 5 years | $ 10,000 |
| 5 - less than 25 kg | Felony | 20 years | $ 250,000 |
| 25 - less than 50 kg | Felony | 25 years | $ 500,000 |
| 50 kg or more | Felony | 30 years | $ 1,000,000 |
| Importing 100 kg or more or using a minor to import | Felony | 35 years | $ 1,250,000 |
| To a minor | Felony | 20 years | $ 250,000 |
| Within a school zone or other specified areas | Felony | 15 years | $ 100,000 |
| 5 – less than 25 kg in a school zone | Felony | 25 years | $ 500,000 |
| 25 kg or more in a school zone | Felony | 30 years | $ 1,000,000 |
| * There is a possible drug education course requirement. | |||
Cultivation |
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| See Possession section for details. | |||
Hash & Concentrates |
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| Penalties for hashish and marijuana are generally treated equally under the law. Please see details below. | |||
Paraphernalia |
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| Possession of paraphernalia | Misdemeanor | N/A | $ 300 |
| Sale/Advertise | Misdemeanor | N/A | $ 1,000 |
| Sale to a minor | Misdemeanor | 1 year | $ 3,000 |
Miscellaneous |
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| Conviction for possession or sale while driving may result in a 30 day driver's license suspension. | |||
Penalty Details
Possession for Personal Use
The Minnesota statute lists Marijuana as a Schedule 1 controlled substances.
Possession of 42.5 grams or less is a misdmeanor punishable by a maximum fine of $200.*
* A conditional discharge is possible for first time offenders.
* There is a possible drug education course requirement.
Possession of more than 42.5 grams – less than 10 kilograms is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000. Subsequent convictions shall be committed to the commissioner of corrections for 6 mos – 10 years and a possible fine of not more than $20,000.
Possession of 10 – less than 50 kilograms is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000. Subsequent convictions shall be committed to the commissioner of corrections for 2 – 30 years and a possible fine of not more than $250,000.
Possession of 50 – less than 100 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. Subsequent convictions shall be committed to the commissioner of corrections for 3 – 40 years and a possible fine of not more than $500,000.
Possession of 100 kilograms or more is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000. Subsequent convictions shall be committed to the commissioner of corrections for 4 – 40 years and a possible fine of not more than $1,000,000.
Possession of more than 1.4 grams inside one’s vehicle (except the trunk) is a misdemeanor punishable by a maximum sentence of 90 days imprisonment and a maximum fine of $1,000.
- Section 152.02 of the Minnesota Statute Web Search
- Section 152.021 of the Minnesota Statutes Web Search
- Section 152.022 of the Minnesota Statute Web Search
- Section 152.023 of the Minnesota Statute Web Search
- Section 152.024 of the Minnesota Statute Web Search
- Section 152.025 of the Minnesota Statute Web Search
- Section 152.027 of the Minnesota Statute Web Search
Sale
The distribution of 42.5 grams or less without remuneration is a misdemeanor punishable by a maximum fine of $200.*
* There is a possible drug education course requirement.
The sale of more than 42.5 grams – less than 5 kilograms is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $10,000. Subsequent convictions shall be committed to the commissioner of corrections for 6 mos – 10 years and a possible fine of not more than $20,000.
The sale of 5 – less than 25 kilograms is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000. Subsequent convictions shall be committed to the commissioner of corrections for 2 – 30 years and a possible fine of not more than $250,000.
The sale of 25 – less than 50 kilograms is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000. Subsequent convictions shall be committed to the commissioner of corrections for 3 – 40 years and a possible fine of not more than $500,000.
The sale of 50 kilograms or more is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000. Subsequent convictions shall be committed to the commissioner of corrections for 4 – 40 years and a possible fine of not more than $1,000,000.
Importing 100 kilograms or more or using a minor to import into the state is a felony punishable by a maximum sentence of 35 years imprisonment and a maximum fine of $1,250,000.
Sale to a minor is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $250,000.
Distribution within a school zone or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $100,000. Subsequent convictions shall be committed to the commissioner of corrections for 1 – 30 years and a possible fine of not more than $100,000.
Distribution of 5 kg – less than 25kg within a school zone or other specified areas is a felony punishable by a maximum sentence of 25 years imprisonment and a maximum fine of $500,000.
Distribution of 25 kg or more within a school zone or other specified areas is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000. Subsequent convictions shall be committed to the commissioner of corrections for 4 – 40 years and a possible fine of not more than $1,000,000.
- Section 152.021 of the Minnesota Statutes Web Search
- Section 152.022 of the Minnesota Statute Web Search
- Section 152.023 of the Minnesota Statute Web Search
- Section 152.024 of the Minnesota Statute Web Search
- Section 152.025 of the Minnesota Statute Web Search
- Section 152.027 of the Minnesota Statute Web Search
- Section 152.0261 of the Minnesota Statute Web Search
Cultivation
Cultivation in Minnesota will be punished based upon the aggregate weight of the plants found. See the “Possession for Personal Use” section for further penalty details.
Hash & Concentrates
The Minnesota statute lists Marijuana and Tetrahydrocannabinol separately in Schedule 1 of the Minnesota controlled substances schedule. Tetrahydrocannabinols are defined as any mixture, compound, or preparation that contains the active THC component of the Cannabis plant or its resinous extractives. Case law refers to Hashish as the resinous form of Marijuana and generally holds that Marijuana and Hashish should be treated equally under the law.
The punishments enumerated in the statutes are equal for Marijuana and Tetrahydrocannabinols in all but one instance. The only difference is the decreased penalties for the possession of, or distribution without remuneration of, a small amount of plant-form Marijuana. This provision does not include Tetrahydrocannabinols. The statute specifically excludes the “resinous form” of Marijuana from inclusion in the definition.
Possession, distribution without remuneration, or sale of less than 5kg of Tetrahydrocannabinols is therefore subject to a term of incarceration not to exceed 5 years, and a fine not to exceed $10,000. For any of the above crimes, if a person has previously been convicted of a drug crime, the maximum period of incarceration and the maximum fine both double, and a mandatory minimum of 6 months imprisonment is imposed.
- § 152.02 of the Minnesota Statutes Web Search
- § 152.01 of the Minnesota Statutes Web Search
- § 152.027 of the Minnesota Statutes Web Search
- § 152.025 of the Minnesota Statutes Web Search
- Soutor v. State, 342 N.W.2d 175 (Ct. App. Min. 1984) Web Search
Paraphernalia
Possession of paraphernalia is a petty misdemeanor punishable by a maximum fine of $300.
Sale or advertising of paraphernalia is a misdemeanor punishable by a fine not to exceed $1,000.
Sale to a minor is a gross misdemeanor punishable by a fine not to exceed $3,000 and a maximum sentence of imprisonment of up to 1 year.
- Section 152.092 of the Minnesota Statutes Web Search
Miscellaneous
When a person is convicted of possession or sale of marijuana, the sentencing court shall determine whether the person unlawfully sold or possessed the controlled substance while driving a motor vehicle. If so, the court shall notify the commissioner of public safety of its determination and order the commissioner to revoke the person’s driver’s license for 30 days.
- Section 152.0271 of the Minnesota Statutes Web Search
More Information
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
DECRIMINALIZATION
The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
Tax Stamps
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.