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If I Am In Possession of Legalized Marijuana Can I Still Be Charged?

Legalized Marijuana

So… can the police charge you with possession of “legalized” marijuana?  In Minnesota, the answer is still yes.  If you live in a state where medical marijuana has been fully legalized, such as California, and you bring it to Minnesota, the police can charge you with possession.

How much marijuana classifies possession?  As the law currently stands, possession of more than 42.5 grams of marijuana is classified as a felony in the state of Minnesota, and anything under this is considered a misdemeanor punishable by a maximum fine of $200.

“But I thought Minnesota legalized medical marijuana?”  The truth is tricky, since the proposal that Dayton signed into law specifically states, “There are no provisions to protect patients from the other 21 medical cannabis states or D.C. while they are traveling to Minnesota” under the Patient Protections section of the proposal, and that’s what this question specifically asked.  This also does not come into affect until 2015.

It is important to note that Minnesota will still be a “no grow” state, meaning that even after the law goes into effect, Minnesota residents and those visiting Minnesota, cannot grow marijuana in Minnesota, even for medicinal purposes.

The law is very specific as to the “type” of marijuana that will be medically “legal”, and only this extracted form would be allowed, which means that bringing legalized marijuana from another state into Minnesota is against the law, medial or otherwise and will likely always be against the law unless additional legislation is passed.

In short, there exists no law or future proposal that would allow for someone out of state to bring medical marijuana into the state of Minnesota, and doing so would constitute a crime of possession, and be subject to prosecution under Minnesota law.