Minnesota Statutes 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:
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor | up to 90 days | up to $1,000 |
| Petty misdemeanor | up to $300 |
Terms Used In Minnesota Statutes 152.0263
- Cannabis concentrate: has the meaning given in section 342. See Minnesota Statutes 152.01
- Cannabis flower: has the meaning given in section 342. See Minnesota Statutes 152.01
- Person: includes every individual, copartnership, corporation or association of one or more individuals. See Minnesota Statutes 152.01
- Unlawfully: means selling or possessing a controlled substance in a manner not authorized by law. See Minnesota Statutes 152.01
(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.