State or felony drug charges are a serious matter. Since the inception of the war on drugs in the late 1970s and 1980s, those suspected of drug crimes face extreme penalties if convicted. Though some states have seriously diminished or relinquished penalties related to marijuana related crimes, many states at this time are still pursuing them vigilantly by upholding current marijuana regulating laws. If you have been arrested for suspicion of marijuana possession, it is important you speak with a Minneapolis criminal defense attorney as soon as possible.
Minnesota’s Statutes Regarding “152 Drugs” (Controlled Substances)
Possession
In Minnesota, marijuana is still considered a Schedule 1 Controlled Substance. The statutes defining Schedule 1 drugs mirrors those regarded on the Federal level. Possession of marijuana in the state can be considered “constructive” or “actual.” Constructive possession means that even if you did not have marijuana on your person, if an officer suspects you had it in the immediate future, you could be arrested and charged with possession. A defense case could be built more soundly in the case of constructive possession as a pose to actual possession, as the defense attorney can present reasonable doubt of your guilt to the jury. Actual possession means the officer found drugs in your physical possession.
Sale
The sale laws in the state can be complicated. For instance, even if you have not physically sold marijuana, you could face charges of sale. This may sound confusing, but consider how Minnesota defines “sale.” Minnesota legislature has defined “cultivation” as manufacturing. This means if you grow a marijuana plant, you are in the eyes of the law manufacturing a controlled substance. “Manufacturing” has been defined by legislature as an intent to sell or distribute. What this boils down to is if you grow a plant, and use the marijuana, by Minnesota law you have “sold” the drugs.
The attorneys with the Martin Law Offices strongly focus on criminal law defense in Minnesota. Their courteous and knowledgeable staff is available to help you with your marijuana possession case. We are dedicated to fighting for justice for our clients; please contact us for a consultation regarding your charges.