drug laws

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CBD, Hemp & Law in Minnesota

Is CBD legal in Minnesota?
It’s complicated, but the answers are here.  If CBD is truly sourced from hemp, it’s legal under Minnesota law; and a federal law prohibits money being spent on federal prosecution of people with state legal hemp CBD.  Here is the breakdown, with the related Minnesota and Federal laws.  
Here is the big problem. People want to be able use CBD products for health and wellness support. There is little to no objection to CBD itself, as CBD, because it has no intoxicating effects, has no euphoric effect, unlike alcohol and other intoxicants. But, the best CBD comes from “marijuana” not hemp, as legally defined under the federal and Minnesota legal definitions.

CBD from legal hemp is currently legal. But CBD from illegal marijuana is currently illegal. It’s the source that makes it legal or not, in 2018.

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Less Than One-Quarter Gram Possession Gross Misdemeanor Crime < Minnesota Laws 2016

The 2016 Minnesota Legislature made some changes to Minnesota “Controlled Substance” crime laws, effective August 1, 2016. One of those created a new Gross Misdemeanor level crime for certain “controlled substance” possession crimes, for less than 0.25 grams or one dosage unit or less – but only for a person “who has not been previously convicted of a violation of this chapter or a similar offense in another jurisdiction; and only for possession of “controlled substances” other than heroin.

Medical Marijuana: Minnesota Stalls Inclusion of Intractable Pain

According to a recent Associated Press article No quick decision on medical marijuana for pain Minnesota Governor Mark Dayton’s Commissioner of Health has decided to postpone adding Intractable Pain to Minnesota’s new, legal medical marijuana program.  Apparently, Dayton administration officials are setting expectations at the delay being potentially for years.  The reason they cite is their fear that …

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Legislative Update: The Minnesota Bong Water Crime Case

Will Minnesota lawmakers heed the call of the Minnesota Supreme Court and public outrage and undo the “Minnesota Bong Water Case?”

A Bill has been introduced in the Minnesota House, H.F. No. 2757, to amend Minnesota Statutes section 152.01, subdivision 9a, to read:

Subd. 9a. Mixture. “Mixture” means a preparation, compound, mixture, or substance containing a controlled substance, regardless of where purity is relevant only when weighing the residue of a controlled substance.

If adopted into law, this would bring back proportionality of the severity of a drug crime to quantity.

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The Moral Peril of Minnesota Asset Forfeiture Laws

Let’s review:

The government (police) can take your property at any time if suspicious, even if you are innocent.
The burden is on you, not them, to do something about getting a court to look at it.
If you do nothing, they keep your property, your money; and you lose; without any court or judge ever even seeing the case.
If you want to do something about it, you need cash for a lawyer and court filing fees. The law provides the government a free lawyer and requires them to pay no court filing fees.
The police agency that targeted you and took you down gets to keep 70% commission on the cash, valuables, your vehicle they seize from you. Could this affect their honesty about their investigation; or, the appearance of propriety?

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Minnesota Court Waters Down Definition of Illegal Drugs

The Minnesota Supreme Court, in a 4-3 decision, has now ruled that Bong Water (water which had been used in a water pipe) was a “mixture” of “25 grams or more” supporting a criminal conviction for Controlled Substance crime in the first degree. The crime is the most serious felony drug crime in Minnesota, with a maximum penalty of 30 years in prison for a first offense. The case is Minnesota v Peck, A08-579, Minnesota Supreme Court, October 22, 2009.

The majority opinion takes a literal view, arguing in essence that any amount of a substance dissolved in water makes that water a “mixture” containing that substance. Perhaps. But, since Minnesota’s criminal prohibition laws are organized to make greater quantities of drug possession a more serious crime than smaller quantities, such a simple-minded view defeats the purpose of the quantity-based severity levels.