1. What is Cannabis – Sales?

In 2023, Minnesota legalized recreational marijuana. But Minnesota did not create a blank check for anyone to sell or give away cannabis products. It is still a crime to sell cannabis products under the terms created by the legislature.

1st degree – Cannabis sales – Minn. Stat. § 152.0264 Subd. 1

The newly created 1st degree cannabis sales statute is a felony level offense. The sale of 2 ounces of cannabis flower, 8 grams of cannabis concentrate, or 800 milligrams of cannabis edibles falls into this category if there are also certain aggravating factors in your case. One example of an aggravating factor is having two prior convictions in the last 10 years of a cannabis sales crime.

 2nd degree – Cannabis sales – Minn. Stat. § 152.0264 Subd. 2

The newly created 2nd degree cannabis sales statute is a gross misdemeanor level offense. The sale of 2 ounces of cannabis flower, 8 grams of cannabis concentrate, or 800 milligrams of cannabis edibles falls into this category if there are also certain aggravating factors in your case. The weight thresholds for 2nd degree cannabis sales are exactly the same as 1st degree. But the aggravating factors for 2nd degree are slightly different than 1st degree. One example of an aggravating factor is having one prior convictions in the last 10 years of a cannabis sales crime.

 3rd degree – Cannabis sales – Minn. Stat. § 152.0264 Subd. 3

The newly created 3rd degree cannabis sales statute is a misdemeanor level offense. The sale of 2 ounces of cannabis flower, 8 grams of cannabis concentrate, or 800 milligrams of cannabis edibles falls into this category. The weight thresholds for 3rd degree cannabis sales are exactly the same as 1st degree and 2nd degree. But 3rd degree does not include any aggravating factors.

 4th degree – Cannabis sales – Minn. Stat. § 152.0264 Subd. 4

The newly created 4th degree cannabis sales statute is a petty misdemeanor level offense. The sale of less than 2 ounces of cannabis flower, less than 8 grams of cannabis concentrate, or less than 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)