Minnesota Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in Minnesota?

Marijuana is illegal for recreational use in Minnesota. Persons could be charged for marijuana possession if they are caught carrying or transporting cannabis products unlawfully, and they could face serious punishments if convicted. The penalties for marijuana possession under Minnesota law depend on the amount of cannabis recovered from offenders. Per Section 152.027 of the Minnesota Statutes, offenders convicted of carrying 42.5 grams or less of marijuana products are guilty of petty misdemeanors punishable by $200 maximum fines. They may also be required to participate in drug education programs.

Furthermore, Chapter 152 of the Minnesota Statutes stipulates that possessing over 42.5 grams but less than 10 grams of cannabis is a felony punishable by up to 5 years imprisonment and a $5,000 fine. The punishment for marijuana possession in Minnesota can increase to a $1,000,000 fine and up to 40 years imprisonment if offenders are caught with 100 kilograms of cannabis products or more. The state's penalties for marijuana possession offenses are harsher when offenders import cannabis products into Minnesota or conspire with minors (persons under 18 years of age) to carry marijuana products. According to Section 152.0261 of the Minnesota Statutes, offenders who possess 100 kilograms or more of cannabis products while entering the state or use minors to carry cannabis into Minnesota commit felonies. Such crimes are punishable by maximum jail terms of 35 years and up to $1,250,000 in fines.

When there is proof suggesting that an offender planned to transfer cannabis products to others, their possession charge could be elevated to possession with intent to distribute. Having large quantities of cannabis products could be used as evidence of possession with intent to distribute. However, a prosecutor can point to other facts, such as the possession of baggies used for packaging cannabis for sale. Also, having weighing scales, guns, large amounts of cash, and chemicals commonly used to extract or manufacture cannabis products illegally may be considered evidence suggesting an intent to distribute. The severity of punishment an offender gets when convicted of marijuana possession with intent to distribute in Minnesota depends on whether or not they received remuneration for giving cannabis products to others. In addition, Minnesota law classifies the penalties for cannabis possession with intent to distribute based on the amounts of cannabis products recovered from offenders.

Can You Enter a Dispensary at 18 in Minnesota?

Yes. As stipulated in Section 152.22 of the Minnesota Statutes, persons 18 years or older may be registered as medical marijuana caregivers in the state. A medical marijuana caregiver in Minnesota can legally enter dispensaries, purchase cannabis supplies, and assist registered patients with the medical use of marijuana products. The Minnesota medical cannabis program, contained between Sections 152.22 and 152.37 of the Minnesota Statutes, allows minors to use medical marijuana. However, they cannot enter dispensaries to obtain their prescriptions. Medical marijuana patients must be up to 18 years old before entering dispensaries.

Can You Enter a Dispensary Without a Card in Minnesota?

The Minnesota Department of Health states that medical marijuana patients registered under the state's medical cannabis program must carry government-issued photo identifications when obtaining their prescriptions from dispensaries. Dispensary employees use such identifications to confirm patients' enrollment in the Minnesota medical marijuana program before dispensing cannabis products to them.

What Are the Penalties for Possession With Intent To Distribute First Offense in Minnesota?

The penalty for marijuana possession with intent to distribute in Minnesota is mild if an offender is caught with a ''small amount'' of marijuana and there is no payment for marijuana products delivered. As stipulated in Section 152.01, Subdivision 16 of the Minnesota Statutes, 42.5 grams or less of marijuana is considered a ''small amount'' of marijuana. According to Section 152.027 of the Minnesota Statutes, an offender is guilty of a petty misdemeanor if they distribute 42.5 grams or less of marijuana products for no remuneration. This offense is punishable by a $200 maximum fine, and offenders could be required to participate in drug education programs.

Under Minnesota law, the severity of punishment an offender receives for marijuana possession with intent to distribute depends on the amount of cannabis product found on them. According to Chapter 152 of the Minnesota Statutes, possession with intent to distribute over 42.5 grams but less than 5 kilograms of cannabis is a felony punishable by a maximum fine of $10,000 and up to 5 years jail term. Repeat offenders convicted of marijuana possession with intent to distribute could face between six months to 10 years maximum jail terms and up to $20,000 in fines if caught with over 42.5 grams but less than 5 kilograms of cannabis products.

Carrying over 5 kilograms but less than 25 kilograms of cannabis with intent to distribute in Minnesota is a felony punishable by up to 20 years jail term and a $250,000 maximum fine. For a subsequent conviction, an offender could face 30 years imprisonment (of which two years will be mandatory) and a $250,000 maximum fine. Furthermore, an offender possessing over 25 kilograms but less than 50 kilograms of marijuana with intent to distribute in Minnesota commits a felony punishable by a 25-year maximum jail term and a maximum fine of $500,000. A subsequent conviction for such an offense could attract up to 40 years imprisonment, of which three years will be mandatory, and a $500,000 fine.

Also, possessing 50 kilograms or more of cannabis products with intent to distribute is a felony under Minnesota law, punishable by up to 30 years imprisonment for first offenses and a maximum fine of $1,000,000. A repeat offender convicted of such an offense could serve a 40-year jail term, of which three years will be mandatory, and pay a maximum fine of $1,000,000. Per Section 152.024 of the Minnesota Statutes, possessing marijuana products with intent to distribute around a park, school, drug treatment facility, or public housing is a felony punishable by a 15-year maximum jail term and a $100,000 maximum fine. Subsequent convictions with such an offense can attract between one to 30 years imprisonment and a maximum fine of $100,000.

If an offender is convicted of possessing over 5 kilograms but less than 25 kilograms of marijuana around a school, public housing, public park, or drug treatment facility with the intent to distribute, they could face up to 25 years imprisonment and a $500,000 maximum fine. Holding over 25 kilograms of marijuana around such areas with the intent to distribute could attract a 30-year maximum jail term and a maximum fine of $1,000,000. Repeat offenders charged with carrying over 25 kilograms of cannabis products around schools, parks, public housing, or drug rehabilitation centers could face four to 40 years imprisonment and $1,000,000 maximum fines. The federal penalties for possession of marijuana with intent to distribute are harsher than those stipulated in Minnesota Statutes. Offenders could face life imprisonment and $1,000,000 in fines.

Is It Legal To Sell Weed in Minnesota?

Yes. After Minnesota legalized medical marijuana in May 2014, it became legal for patients diagnosed with specific medical conditions to use cannabis products for medical purposes. Marijuana sale refers to the exchange of cannabis products for money or goods. Only registered medical marijuana dispensaries can sell marijuana products in the state. Patients must be diagnosed with qualifying medical conditions by healthcare practitioners and registered with the Minnesota medical cannabis program before they can buy cannabis products from dispensaries. According to Section 152.22 of the Minnesota Statutes, medical marijuana dispensaries can sell cannabis products in formulations such as pills, oils, and smokables to registered medical marijuana patients and caregivers. Recreational marijuana remains illegal in Minnesota despite several legislative proposals for recreational marijuana legalization. Therefore, it is illegal to sell marijuana for recreational purposes in the state.

How To Sell to Dispensaries in Minnesota?

Selling cannabis supplies to dispensaries is a lucrative business, but Minnesota laws do not permit dispensaries to buy cannabis products from other businesses or individuals. As stip[ulated in Section 152.22 of the Minnesota Statutes, licensed medical marijuana establishments can grow cannabis plants, transport cannabis supplies, manufacture cannabis products, and dispense them to registered medical marijuana patients in the state. Medical marijuana establishments can only sell marijuana products manufactured themselves. However, the provisions of Section 152.29 of the Minnesota Statutes allow medical marijuana dispensaries in the state to purchase hemp-derived products from licensed hemp establishments. Therefore, the only way to sell to cannabis dispensaries in Minnesota is by operating a licensed hemp establishment.

How To Get a Distribution License in Minnesota

Cannabis distribution licenses usually allow holders to grow and process cannabis plants and supply them to dispensaries. Minnesota does not issue cannabis distribution licenses.

Minnesota Marijuana Distribution Laws