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Driving Under the Influence of Marijuana Laws in Minnesota

On Behalf of | Mar 27, 2014 | Firm News |


Though marijuana growing, selling, and use laws are changing all around the U.S., these acts are still considered illegal in the state of Minnesota. Classified as a Schedule 1 drug, marijuana is grouped in with many highly addictive and harmful drugs such as heroin and cocaine.

If you have been charged with driving under the influence of marijuana, you may face both DWI penalties and possession of Schedule 1 substance penalties. These charges grouped together can pose serious consequences. If you face DUI charges, possession charges, or both, it is highly recommended you speak with a Minneapolis criminal defense attorney as soon as possible.

In Minnesota, the current legal BAC limit for alcohol is .08, unless an officer believes the driver to be unfit to operate a vehicle. In the case of marijuana, there is no legal limit as to how much marijuana is in the drivers system. This means that if any marijuana use is detected, the driver will be charged with a DUI.

DUI Penalties in Minnesota

  • First Offense: Fines up to or equaling $1,000, up to 90 days in jail, and up to 180 days of license suspension.
  • Second Offense: At least 30 days jail time or community service, and up to one year of license suspension.
  • Third Offense: At least 90 days in jail and up to 2 years license suspension.

If you had marijuana in your possession at the time of your arrest for DUI, the location of your vehicle, amount in your possession, and whether you had intent to sell or distribute could seriously affect the penalties associated with conviction.

Marijuana Possession Penalties in Minnesota

  • Less than 42.5 grams: $200 in fines, and mandatory drug education classes
  • 42.5 grams – 10kgs: 5th degree Felony charges resulting in up to 5 years in prison and $10,000 in fines
  • 10kgs: 3rd degree felony charges, up to 5 years in prison, and $250,000 in fines

Unlike alcohol related DUI, it can be difficult to prove a driver is under the influence of marijuana. In most cases, it is the arresting officer’s observation of driving pattern, appearance, and field sobriety tests that lead to a marijuana DUI arrest.

If you have been charged with driving under the influence of marijuana, contact Martin Law Offices. We are dedicated to aggressively defending those charged with DUI and criminal drug possession.