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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.

 

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. 

1. 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. 

3. 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. 

2. 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. 

4. 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. 

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