Drug Laws

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Less Than One-Quarter Gram Possession Gross Misdemeanor Crime

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.

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Legislative Update: The Minnesota Bong Water 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?