Introduction
As more states legalize marijuana for both medical and recreational use, the laws can become confusing—especially for patients who rely on cannabis for health reasons. In Minnesota, medical marijuana is legal under strict regulations. But does that mean it’s a solid legal defense if you’re charged with drug possession?
The short answer is: sometimes, but not always.
If you’re facing drug charges related to cannabis in Minnesota, understanding the state’s medical marijuana laws is crucial to building your defense. In this blog, we’ll explore whether being a registered medical marijuana patient can protect you from prosecution and what your legal options may be.
The Legal Status of Medical Marijuana in Minnesota
Medical marijuana is legal in Minnesota under the Minnesota Medical Cannabis Program, administered by the Minnesota Department of Health.
This program allows qualifying patients with specific conditions to use non-smokable forms of medical cannabis, such as pills, oils, and vaporizable products. As of 2022, smokable cannabis is also permitted for registered patients aged 21 and older.
Qualifying Conditions Include:
- Cancer
- Glaucoma
- HIV/AIDS
- Tourette Syndrome
- ALS
- Seizure disorders
- PTSD
- Inflammatory bowel disease
- Chronic pain and more
See the full list on the Minnesota Department of Health’s website.
Who Can Legally Use Medical Marijuana?
To use medical marijuana legally in Minnesota, you must:
- Be certified by a healthcare practitioner
- Register with the Minnesota Medical Cannabis Program
- Purchase cannabis only from a state-approved dispensary
- Possess cannabis only in approved forms and quantities
If you’re caught with marijuana and are not registered in the program—or if you obtained it outside legal channels—you can still be charged with a drug offense.
Can Medical Marijuana Be Used as a Legal Defense?
Yes, but only if the following conditions are met:
- You are enrolled in the Minnesota Medical Cannabis Program
- You obtained your cannabis from a legal dispensary
- You possessed only the approved amount
- You had the medical form of marijuana (not illegal products or paraphernalia)
If these conditions are true, your attorney can argue that you were lawfully in possession of medical cannabis, and the charges may be dropped or dismissed.
However, this defense does not apply if:
- You purchased marijuana from a street dealer
- You were carrying more than the allowed amount
- You were using marijuana in public or while driving
- Your registration was expired or revoked
In these cases, your medical status may not protect you.
What Happens If You’re Caught with Marijuana and Claim It’s for Medical Use?
If you’re arrested for marijuana possession but claim it’s for medical use, the burden is on you to prove that you are:
- A registered patient
- In compliance with Minnesota’s medical cannabis laws
You’ll need documentation from the Minnesota Medical Cannabis Program, receipts from licensed dispensaries, and potentially a physician’s certification.
Limitations of the Medical Marijuana Defense in MN
Even if you’re registered, there are limits to the protection medical marijuana provides. For example:
- You cannot smoke marijuana in public spaces
- You cannot drive under the influence of marijuana
- You cannot carry cannabis across state lines—even if both states allow medical use
- You cannot share your medical cannabis with others
Violating these rules can lead to DWI charges, possession charges, or probation violations, depending on your circumstances.
Marijuana and Employment in Minnesota
Medical marijuana use does not guarantee job protection in Minnesota. Employers can still:
- Maintain drug-free workplace policies
- Refuse to hire or terminate employees who test positive for THC
- Discipline employees who are impaired at work
If you’re facing employment consequences related to legal medical marijuana use, consult with an employment law attorney, but don’t rely solely on your medical card as legal protection.
How Courts Handle Medical Marijuana Cases
When evaluating whether medical marijuana is a valid defense, Minnesota courts will look at:
- Your registration status
- The form and quantity of cannabis
- The circumstances of the arrest (e.g., driving, possession in a school zone)
- Whether you followed state rules
A strong defense requires documentation and a clear chain of legal use. If you’re missing any of these components, your case may still proceed as a criminal offense.
What If You’re a Medical Cannabis User from Another State?
Unfortunately, Minnesota does not recognize out-of-state medical marijuana cards. This means:
- You cannot legally possess or use marijuana in Minnesota unless enrolled in the Minnesota program
- You are subject to the same penalties as anyone else for illegal possession
Tourists or visitors using medical cannabis in their home states should be especially cautious while in Minnesota.
Penalties for Marijuana Possession in Minnesota
If you’re not protected by the medical cannabis law, you may face the following:
Less than 42.5 grams (about 1.5 ounces)
- Petty misdemeanor
- Up to $300 fine
- No jail time, but will appear on your record
More than 42.5 grams
- Gross misdemeanor or felony, depending on the amount
- Up to 5 years in prison
- Fines up to $10,000
These penalties can significantly affect your future, including employment, education, housing, and immigration status.
What to Do If You’re Arrested for Marijuana Possession
- Remain calm and do not resist arrest
- Do not make any statements without an attorney
- Inform your lawyer if you are a registered medical cannabis patient
- Provide documentation (if you have it) to support your case
At Martine Law, we will investigate whether your rights under the medical cannabis law were violated and help present a strong defense.
Expungement Options
If you’ve been convicted of low-level marijuana possession in the past, you may be eligible for expungement.
Minnesota has passed laws to allow the sealing of certain drug-related convictions. Learn more through LawHelpMN.org or speak with an attorney at Martine Law to explore your options.
Conclusion
While Minnesota’s medical marijuana laws provide protection for registered patients, they are not a blanket defense for all cannabis-related charges. To successfully use this defense, you must be in full compliance with state rules.
If you’re facing marijuana charges and believe your medical status should protect you, speak with a criminal defense attorney immediately.
At Martine Law, we understand the nuances of Minnesota’s drug laws and can help you navigate the legal system with confidence.
Schedule your confidential consultation today to discuss your case.