1. What is Cannabis Possession?

In 2023, Minnesota legalized recreational marijuana. But Minnesota did not create a blank check to possess an unlimited amount of cannabis products. It is still a crime to possess more than the statutorily defined weights of cannabis. There are also laws limiting possession in motor vehicles.

If you possess a weight of more than 10Kg of cannabis flower, 2Kg of cannabis concentrate or 200g of cannabis edibles, the legislature incorporated this as being a crime under the old 1st degree, 2nd degree, and 3rd degree controlled substance possession crimes. Visit those page for more information if that is what you are charged with. This page is devoted to people charged with the new Cannabis crimes the statute created in 2023. Minn. Stat. 152.0263.

 1st degree – Cannabis possession – Minn. Stat. § 152.0263 Subd. 1

The newly created 1st degree cannabis possession statute is a felony level offense. The possession of 2 pounds of cannabis flower, 160 grams of cannabis concentrate, or 16 grams of cannabis edibles falls into this category.

2nd degree – Cannabis possession – Minn. Stat. § 152.0263 Subd. 2

The newly created 2nd degree cannabis possession statute is a gross misdemeanor level offense. The possession of 1 pounds of cannabis flower, 80 grams of cannabis concentrate, or 8 grams of cannabis edibles falls into this category.

 3rd degree – Cannabis possession – Minn. Stat. § 152.0263 Subd. 3

The newly created 3rd degree cannabis possession statute is a misdemeanor level offense. The possession of 4 ounces of cannabis flower, 16 grams of cannabis concentrate, or 8 grams of cannabis edibles falls into this category.

4th degree – Cannabis possession – Minn. Stat. § 152.0263 Subd. 4

The newly created 4th degree cannabis possession statute is a petty misdemeanor level offense. The possession of 2 ounces of cannabis flower, 8 grams of cannabis concentrate, or 800 milligrams of cannabis edibles falls into this category.

2. What’s at Stake?

There are many negative consequences that can come from a conviction for a controlled substance offense:

  1. ​Prison or Jail Sentence
  2. Forfeiture of Cars and Cash
  3. Court Fines
  4. Loss of Gun Rights
  5. Impact on Career
  6. Probation Violations

3. What are you up against?

If you look at the caption of the case, it says the “State of Minnesota v. [Your name]”. It’s not a fair fight. It’s one person versus the government. Learn about the various forces you are going against:

  1. ​​Prosecutors
  2. Police
  3. The Legislature

4. What’s going for you?

You don’t need to take your charges sitting down. ​Hire a skilled criminal defense attorney. Peter Lindstrom has been trained at the nation’s best seminar in defending drug crimes in Las Vegas, NV. Just an example of a few defenses in drug cases are:

  1. ​​​Proximity is not possession
  2. Not a sufficient weight
  3. Costco defense
  4. Entrapment
  5. 4th amendment violations
    1. warrantless car search​
    2. Defective search warrant
    3. Illegal stop of your car

Contact Subzero Criminal Defense and we can start working on your case as soon as today. (651-248-5142)