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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. 

1. 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. 

3. 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. 

2. 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 slighly 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. 

4. 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. 

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