Marijuana Laws in Minnesota

Is possession of marijuana a felony in Minnesota?

It can be, but not in every case, and it depends on how much marijuana is possessed.

First of all, there’s a difference between possessing marijuana and selling marijuana. Generally speaking, the consequences for selling are more serious.

Possession of less than 42.5 grams of marijuana is only a petty misdemeanor, with a maximum fine of $300.00. Anything more than that is a felony. The degree of the crime or severity of the felony can increase with the amount of marijuana possessed.

Under Minnesota law, marijuana includes all parts of the cannabis plant in non-resinous form, excluding hemp. Hemp is defined as marijuana with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. So, marijuana must have a THC concentration over 0.3 percent. Possession of marijuana in resinous form, such as oil or wax, that is less than 0.25 grams or one dosage unit or less is a gross misdemeanor, with a maximum penalty of 365 days in jail and/or a $3,000 fine. Possession of resinous marijuana that is 0.25 grams or more than one dosage unit is a felony, which could carry a maximum penalty of five years imprisonment and/or a $10,000 fine. However, for first-time offenders, most will qualify for a statutory stay of adjudication. In 2022, Minnesota legalized some edible products that contain hemp-derived THC.

If you have further questions about marijuana laws in Minnesota, call Bain Law at 612-206-3767 or submit an email here.