§ 152.0263 — Cannabis Possession Crimes
Plain-Language Summary
Sets the penalties for unlawful possession of cannabis (marijuana) in Minnesota, with four levels ranging from a petty misdemeanor for small amounts to up to five years in prison for larger quantities. Also allows cities to create local rules about using cannabis in public.
152.0263 CANNABIS POSSESSION CRIMES.
§
Subdivision 1.Possession of cannabis in the first degree.
A person is guilty of cannabis possession in the first degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person unlawfully possesses any of the following:
(1) more than two pounds but not more than ten kilograms of cannabis flower;
(2) more than 160 grams but not more than two kilograms of cannabis concentrate; or
(3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with more than 16 grams but not more than 200 grams of tetrahydrocannabinol. §
Subd. 2.Possession of cannabis in the second degree.
A person is guilty of cannabis possession in the second degree and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the person unlawfully possesses any of the following:
(1) more than one pound but not more than two pounds of cannabis flower in any place other than the person’s residence;
(2) more than 80 grams but not more than 160 grams of cannabis concentrate; or
(3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with more than eight grams but not more than 16 grams of tetrahydrocannabinol. §
Subd. 3.Possession of cannabis in the third degree.
A person is guilty of cannabis possession in the third degree and may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, if the person unlawfully possesses any of the following:
(1) more than four ounces but not more than one pound of cannabis flower in any place other than the person’s residence;
(2) more than 16 grams but not more than 80 grams of cannabis concentrate; or
(3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with more than 1,600 milligrams but not more than eight grams of tetrahydrocannabinol. §
Subd. 4.Possession of cannabis in the fourth degree.
A person is guilty of a petty misdemeanor if the person unlawfully possesses any of the following:
(1) more than two ounces but not more than four ounces of cannabis flower in any place other than the person’s residence;
(2) more than eight grams but not more than 16 grams of cannabis concentrate; or
(3) edible cannabis products, lower-potency hemp edibles, or hemp-derived consumer products infused with more than 800 milligrams but not more than 1,600 milligrams of tetrahydrocannabinol. §
Subd. 5.Use of cannabis in public.
A local unit of government may adopt an ordinance establishing a petty misdemeanor offense for a person who unlawfully uses cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place provided that the definition of public place does not include the following:
(1) a private residence, including the person’s curtilage or yard;
(2) private property not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or
(3) the premises of an establishment or event licensed to permit on-site consumption.
History:
2023 c 52 art 6 s 16; 2023 c 63 art 4 s 19
History: History: 2023 c 52 art 6 s 16; 2023 c 63 art 4 s 19