Why the language of the law matters

While Minnesota does not currently have a medical marijuana law in place, nor does it appear that the state is looking to decriminalize it any time soon, people’s attitudes about the substance are constantly changing. With more and more states passing medical marijuana laws, it is only a matter of time before Minnesota will start making marijuana available to the chronically ill. Until that time comes, however, possession of any marijuana will result in a drug charge.

When Minnesota does pass a medical marijuana law, the language of the law will be very important. Legislators must be precise with what they will allow and what will remain criminal, and one aspect where that will be esential is in regard to hashish and hash oil. A lot of states across the country are realizing now that unclear legislation has raised considerable questions about hash and hash oil’s status.

Hash and hash oil are incredibly potent extracts of marijuana, and some oils can be more than 90 percent THC. THC, the chemical compound that creates the high, is more prevelant in these substances and, thus, consumers need to use far less to get the same high that they would from traditional marijuana. In fact, many medical marijuana users will use only as much hash oil as the size of a grain of rice to feel the same effects as someone smoking.

Because hash and hash oil are so much more potent, it is crucial that legislators address these marijuana derrivatives, otherwise many individuals using hash or hash oil may inadvertantly find themselves facing drug charges.

Source: Minnesota Public Radio, “Legal pot prompts a question: What about hash?” Gene Johnson, Associated Press, July 14, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.