These charges may not seem that harsh on their face, and a person may be told that all that will happen is to pay a fine, but don’t let that fool you. Marijuana in a Motor vehicle charges can have devastating consequences beyond the fine. For example, a person can lose their driver’s license, be denied housing, or employment, or not be allowed to volunteer at schools or youth sports. The team at Brandt Criminal Defense has over 30 years of experience handling marijuana in a motor vehicle cases cases. We understand the law and aggressively fight on behalf of our clients.
Minnesota law states that it is a misdemeanor if a person is the owner of a motor vehicle and has 1.4 grams or more of marijuana with them in the passenger compartment of their vehicle. In our experience, the police often use heavy-handed and sometimes illegal tactics to obtain evidence in these cases. When we get involved in these cases, we take a very aggressive approach to investigating the facts, conducting legal research, and exploiting weaknesses in the case to prevent harsh consequences.
If you are convicted of possession of marijuana in a motor vehicle the penalties include:
- Up to 90 days in jail
- Up to a $1000 fine
- The loss of your driver’s license
Don’t let these harsh consequences happen to you. Let us put a plan in place to protect you and your future.
Contact us today to schedule your free consultation at 763-421-6366.
Marijuana in a Motor Vehicle Information & Guides
All penalties listed below are the maximum penalty that can be imposed under Minnesota Law unless otherwise specified.
- Marijuana in a Motor Vehicle is a Misdemeanor and is punishable by up to 90 days in jail and/or a $1,000 fine.
Vehicle (Minn. Stat. § 152.027 subd. 3)
If the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.
Marijuana: All parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
What if I am not the owner of the motor vehicle?
If you are the driver and the owner is not present, and you either possess the marijuana on your person or knowingly keep or allow to be kept within the marijuana in the vehicle where passengers typically sit, you can be convicted of this offense.
What if the marijuana is in the trunk?
This statute does not apply to marijuana in a trunk or other portion of the vehicle where passengers do not typically sit. However, keep in mind that the glove compartment is considered an area where passengers normally sit.
Anytime you are charged with a crime, you should do two things:
1. Contact a criminal defense attorney; and,
2. Do NOT talk to the cops.
Only in extremely rare circumstances do we recommend communicating with the cops and any decision to do so should be made with the advice of counsel and with an attorney present.