Aggressively Protecting Your Rights

Growing your own marijuana in Minnesota can be a felony

| Oct 28, 2020 | Drug Charges

Plenty of people in Minnesota don’t take marijuana or marijuana-related criminal offenses very seriously anymore, and that attitude reflects a growing cultural change. Sadly, the laws have been slow to respond to changing social and even medical attitudes about marijuana.

Minnesota does have a medical marijuana law, even if it doesn’t include smokable marijuana products. Additionally, there are many nearby states that have fully legalized the adult use of marijuana, which makes it seem like criminal prosecution isn’t as likely as it was years ago.

More people have a lenient attitude about marijuana these days, which might make you think that it wouldn’t be a big deal to grow a couple of marijuana plants in your backyard or your basement. However, the way that Minnesota addresses marijuana cultivation means that you will very likely face felony charges if you get caught growing marijuana.

Minnesota does not have a separate cultivation statute

In order to deter people from growing marijuana, many states have specific laws prohibiting growing marijuana that have different penalties depending on the number of plants involved. Minnesota does not have a cultivation law but instead prosecutes those caught growing marijuana under possession statutes.

Possession of more than 42.5 grams is a felony, which actually makes this weight-based approach more severe in many cases. Unless you get caught with young seedlings or recently purchased clones, the chances are good that even a single marijuana plant in vegetative growth will exceed the felony charge cut-off amount.

Anyone facing serious drug charges, like cultivation charges, shouldn’t consider the social attitudes about marijuana but rather current criminal statutes when they decide how to defend against those charges.