Under Minnesota's new cannabis laws, an adult over the age of 21 is now allowed to possess up to 2 ounces of cannabis in public and up to 2 pounds of cannabis in their personal residence. Also under Minnesota's new cannabis laws, adults of age are now allowed to grow up to 8 cannabis plants (up to 4 mature plants) within their personal residence.
Still, in addition to Minnesota law now allowing certain individuals to grow and possess cannabis; the new laws also implement both civil and criminal penalties for violations. This article aims to give a brief overview of those civil and criminal penalties.
Understanding the Penalties for Excess Cannabis Plants
1. Civil Penalties
If you grow more than the allowed number of cannabis plants (without being a licensed cannabis grower - which is not available yet), you could face a civil penalty.
Specifically, for each cannabis plant grown beyond the limit of eight plants, or over four mature flowering plants, there's a potential fine of up to $500 per excess plant.
2. Criminal Penalties
Growing between 17 and 23 cannabis plants could result in cultivation of cannabis in the second degree. This means one could be sentenced to imprisonment for up to one year and/or fined up to $3,000.
If one cultivates more than 23 cannabis plants, it escalates to cultivation of cannabis in the first degree. This more serious penalty could mean up to five years in prison and/or a fine of up to $10,000.
Understanding the Penalties for Excess Amounts of Cannabis Possession:
1. First Degree Possession:
Holding more than 2 lbs but less than 10 kgs of cannabis flower.
Having more than 160 grams but less than 2 kgs of cannabis concentrate.
Edibles or hemp-derived products with over 16 grams but less than 200 grams of THC.
Violators may face up to five years in prison, a fine up to $10,000, or both.
2. Second Degree Possession:
Keeping more than 1 lb but less than 2 lbs of cannabis flower outside one's home.
More than 80 grams but less than 160 grams of cannabis concentrate.
Edibles or hemp-derived products with over 8 grams but less than 16 grams of THC.
The punishment can be up to one year in prison, a $3,000 fine, or both.
3. Third Degree Possession:
Possessing more than 4 oz but less than 1 lb of cannabis flower outside of the residence.
Having between 16 and 80 grams of cannabis concentrate.
Edibles or hemp-derived products with over 1,600 mg but less than 8 grams of THC.
Violation might lead to 90 days in jail, a fine of up to $1,000, or both.
4. Fourth Degree Possession:
Holding more than 2 oz but less than 4 oz of cannabis flower outside one's home.
Possessing between 8 and 16 grams of cannabis concentrate.
Edibles or hemp-derived products with over 800 mg but less than 1,600 mg of THC.
This degree is treated as a petty misdemeanor.
* It's crucial to note that, although this aims to cover the change in law, other penalties may apply.
