Medical Marijuana Laws in Minnesota
This week, the Justice Department issued a memo to federal agents that medical marijuana users and their legal suppliers should not be targeted for arrest or prosecution.
Medical marijuana has been legalized in thirteen states, but because marijuana is illegal at the federal level, marijuana users can still be arrested and prosecuted for possession. The Bush administration held the position that all marijuana users, medical marijuana patients or not, are breaking the law, and should be prosecuted. Now the Obama administration appears to think that targeting state-approved medical marijuana patients is a waste of time and resources, with the Justice Department memo advising federal prosecutors that they "should not focus federal resources in your states on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana".
Medical marijuana isn't legal in Minnesota...yet. But the new ruling from the feds might encourage lawmakers in Minnesota to make it so. One of the main arguments against legalizing medical marijuana is a reluctance to pass state laws that contradict federal ones, and the ensuing problems for law enforcement.
A bill has been introduced to the State Legislature nine times since 1999. The latest attempt to legalize the drug was a bi-partisan bill to legalize medical marijuana, which was approved by several House and Senate committees in the last legislative session before being vetoed by Governor Tim Pawlenty in May 2009. Pawlenty opposed the bill as he belives that legalizing marijuana would increase drug problems and crime, and that marijuana poses "serious public safety and health risks."
Is there any chance for legal medical marijuana in Minnesota? Tim Pawlenty has said that he won't be running for re-election as Governor in 2010, so after that, one way is a possible constitutional amendment, which could be in 2010. Or, another bill could be introduced in 2011.
So for now, marijuana remains illegal in Minnesota. What are marijuana laws in Minnesota?
The current law makes possession of up to 42.5g, the equivalent of 1.5oz of marijuana, a misdemeanor punishable with a fine up to $200 and possible drug education classes. Possession of larger amounts, and selling any quantity of marijuana, are felonies with jail time and fines dependent on the amount of the drug.
Carrying marijuana in a car is considered a more serious offense, with possession of just 1.5g or more a felony carrying possible jail time and fines. Driving under the influence of marijuana or any controlled drug is also illegal and may result in driver's license suspension.
Minnesota is also one of about half of the states which tax marijuana and require marijuana packets to have a stamp confirming that taxes have been paid. In reality - and unsurprisingly - most do not, but the state of Minnesota did collect $11,000 in marijuana taxes in 2004 from fewer than twenty taxpayers. The tax rate for marijuana is $3.50 for each gram, or portion of a gram.
The point of taxing an illegal substance means that selling marijuana without stamps showing the tax has been paid is tax evasion. In Minnesota, someone arrested for marijuana possesion who has failed to comply with the tax laws can also face additional penalties for tax evasion of up to $14,000 and seven years in prison. Usually, these penalties are reserved for dealers rather than the average recreational user.
Medical marijuana is supported by a majority of Minnesotans, around 64% according to a 2008 poll conducted for KSTP-TV. What do you think? Do you side with Tim Pawlenty? or do you believe that Minnesotans with chronic health conditions should be allowed to benefit from medical marijuana?
Marijuana Leaves. Photo United States Fish and Wildlife Service
Comments
Minnesotans with chronic health conditions should be allowed to benefit from medical marijuana…..legalizing marijuana would not increase drug problems and crime. And as for health risk, oral consumption is safe but not cost affordable under current laws. Why give money to foreign crime syndicats…. People are going to smoke or eat it one way or the other, why not allow the state to controle production and tax revenues. We need the tax’s don’t we?
I love marijuana! It relives symptoms of depression and bipolar without the risk of overdosing which is possible with many prescription drugs prescribed for such disorders.
Great article. I’m pro medical marijuana. Pawlenty is a looser!
try living in Iowa with CHUCK GRASSLY he still beleves in the refer maddness mentality (STONEAGE) But maybe he is that old (It is only a plant put here by somone wiser than any of us )If anone can benifit from it meds. should as long as you can keep the big drug corp. out of it every one from farmer that could grow hemp agean to the ones that need it for medical resons to the satrday night smoker would be alot better off .Not to say anything of the load it would take off the juditial system and tax dollers that alone would free up for the bad ones like meth labs .
Grassly spouts off about the gateway drug thing well the new gateway drugs are legal and sold to anyone including kids openly any were and no one cares they are called ( ENERGY DRINKS ) Think about it people!!! over half the cans say on them not good for kids but aslong as you have the cash you can buy them some kids do 4 or more a day comeon people ( THINK )
Its about time we make it legal in the state of Minnesota and around the country. It is natural and is not made in some lab like all the opiates the drug companies and doctors push on their patients. The benefits outweigh the negatives and it is stupid that its not legal. Also we can do a lot with the tax money such as; teach people the affects of doing real drugs like meth, heroine and alcohol. Alcohol is a 1000 times more deadly then marijuana and prohibition didn’t work for alcohol. Marijuana is never going to go away. Its time to realize it and embrace what god has provided for us to enjoy. And this is all coming from someone who used it in his early years, but it does nothing for me, so I don’t use it But if someone wants to enjoy it they should have the right. Its time the government and all the special interests mobsters mind their own business and worry about the next war they are going to start.
It is a VICTIMLESS crime. Other drugs, including legal alcohol, has victims all the time.
Are there any good MJ dealers in Minn? I am looking for 1.35 oz
The serious way to consider this:
The only way for the government to “Control” us is by having everything under the sun “illegal” and, as the government wants us, we are scared of our masters like trained dogs, in the hopes of not going to prison. Marijuana is only a control mechanism. It is not a dangerous drug.
Now, only thing we can do, is flood our politicians’ offices with “angry and upset” letters.
Even a dog has the right to be happy.
I support medical marijuana 100% I suffer from major depression and severely worsening Raynualds disease and it relieves my symptoms to almost non existant. I never did like Tim Pawlenty thats why I didnt vote for him
It should be legal for medical use.
I WAS IN DENVER FOR TWO WEEKS AND TALKED TO FEW FEW PEOPLE AT ONE OF THE DISPENSERYS. IT SEEMS LIKE IT IS THE BEST THING FOR PEOPLE WHO NEED IT ONE LADY WAS 78 AND HAS BEEN USING FOR MANY YEARS AND NOW THAT IT IS LEAGAL SHE NO LONGERS HAS TO GET IT FROM DRUG DEALERS SHE HAS A SAFE PLACE TO GET HER MEDS. NOT TO MENTION THE DISPENSERY PAYS A PREMO TAX TO THE STATE TO MAINTAIN THERE LISCENCE
LEGALIZE DRUGS AND STOP THE DRUG WAR!
Legalizing drugs would:
1. Reduce street gangs and organized crime
2. Make our streets and homes safer
3. Unclog the court system
4. End prison overcrowding
5. Reduce official and police corruption
6. Save taxpayers many millions of dollars
7. Eliminate illegal labs
8. Properly dispose of toxic waste from drug production
9. Treat drug users as a health matter not a crime problem
10. Free up police to fight crimes against people and property
11. Provide safer drugs for those who can’t help using them
12. Reduce the spread of AIDS, hepatitis, and other diseases
13. Halt erosion of personal liberties
14. Expand help for addicts
15. Increase educational programs depicting the perils of drug use
At $3.50 per gram, tax alone on a quarter is $24.50. You can get that for $20 on the streets! (depending on city of course)
This tax rate is too high in my opinion, but if decriminalization was to occur, sales would drop, and growing would go up.
Even so, if MJ was sold in cigarette packs (same size/weight) I wouldn’t hesitate in purchase. The new question is, what would insurance co-pays be like?
That’s just one way of looking the good side of legalizing drugs. I would have to say that drugs should still not be legalized for people who drives. For medical use, its great but legalizing it for other cause is an entirely different issue.
im a regesterd user in california…but now in M.N. for medical reasons…i have free heathcare threw my reservation……now im going to court for poss….it sucks…i have so many pills prescribed to me if i took all of them like diricted im a walking zombie….i have kids…i cant be that way with mood swings and all…so i choose herp and so did my doctor……..what could i do???????
I just hope medical marijuana is in a transitional phase to eventually being legal on a federal level. That’s really all we can hope for because the way it is now is just ridiculous.