What are the penalties in Minnesota for
transporting marijuana in a motor vehicle? The answer depends on the weight of
the marijuana and its location. If the police find a "small amount of
marijuana" in the trunk of your car, the offense is only a petty
misdemeanor subject to a fine of up to $300.00 and no jail time. A small amount
of marijuana is defined as 42.5 grams or less. See https://www.revisor.mn.gov/statutes/?id=152.01.
A petty misdemeanor offense is not considered a crime in Minnesota.
What if the police find marijuana in the
passenger compartment of your car? The penalties will increase depending on the
weight. If the police find 1.4 grams or less of marijuana in the passenger
compartment, it's only a petty misdemeanor offense. See https://www.revisor.mn.gov/statutes/?id=152.027
If the weight of the marijuana is more than 1.4 grams but less than 42.6 grams,
you can be charged with a more serious misdemeanor offense for possessing
marijuana in a motor vehicle. The penalties for a misdemeanor conviction in
Minnesota are a jail sentence of 0 and 90 days and/or a fine of up to $1,000.00.
What are the penalties if the marijuana found by
the police weighs more than 42.5 grams? Again, the penalties increase because
of the weight. You can now be charged with the felony level offense of
controlled substance crime in the fifth degree. See https://www.revisor.mn.gov/statutes/?id=152.025.
If the weight of the marijuana found by police exceeds 42.5 grams, the location
of the marijuana in your car no longer matters.
The drug law in Minnesota does not punish you as
harshly when marijuana is transported in the trunk of your car and weights less
than 42.5 grams. In fact, it's not even a crime.
If the police find marijuana in your car, do you
still have a defense? Yes, depending on the circumstances of your case. The
stop of your car by the police may have been illegal. The search of your car by
the police may have been illegal. You may be eligible for a drug diversion
program. If you or someone you know has been charged with marijuana in a motor
vehicle, you will need the "Best Defense." Call Minneapolis criminal
defense attorney Robert J. Shane for a free phone consultation at (612)
339-1024 or read his blog for more tips and defenses at www.criminallawyerminnesota.com.
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