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

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.