Female model holding a thc edible between her fingers

Arrested for Possession of THC Edibles?

If you were recently arrested for possession of THC edibles in Minnesota, changes in the law may cause confusion in your case. A new Minnesota law that became effective on July 1, 2022, allows for the legal sale, possession, and consumption of edibles that contain a small amount of THC derived from hemp. On August 1, 2022, cannabis-infused edibles in the form of chews and gummies were added to the list of approved products for medical marijuana patients as well.

Female model holding a thc edible between her fingers

Under previous Minnesota drug laws, possession of THC edibles in any form was illegal, as was possession of more than 42.5 grams of marijuana in plant form.

Under the new law, it is legal for adults to sell, purchase, possess, and consume edibles that contain no more than 5 milligrams of THC per serving in Minnesota. Adult-use edibles must meet labeling requirements that prevent marketing to children, they must be in containers that are childproof, and packages must contain less than 50 milligrams of THC. There is currently no limit to the number of packages you can buy or possess, however. 

While new laws allow Minnesota’s two medical marijuana dispensaries, Goodness Growth Holdings and Green Thumb Industries, to sell marijuana-based edibles for medicinal use, these products are also regulated. Packages can only contain up to 100 milligrams of THC. Additionally, the products can only have up to 10 milligrams of THC per serving.  

When Is Possession of THC Edibles Illegal in Minnesota?

In recent years, many states have experienced a significant rise in THC edibles found in baked goods, cooking oils, sweet treats, candy, and beverages. Although THC edibles are available through a variety of sources, possession may still be illegal in some situations in Minnesota. 

Statewide, it is still illegal for people under the age of 21 to purchase or possess THC edibles without a prescription. Medicinal marijuana-infused edibles must be in the patient’s possession – not the possession of the caregiver, unless the patient is a minor.

Marijuana-infused edibles are still illegal for recreational use in Minnesota. The law only permits recreational users to buy, possess, or consume edibles that contain THC that is derived from hemp. Marijuana-infused edibles are only legal for certified patients with qualifying medical conditions.

Under Minnesota law, additional regulations and enforcement is left up to individual cities. Moratoriums on cannabis edibles have been imposed in several municipalities in Minnesota, and a number of other cities are considering bans. 

Although some types of THC edibles are legal in many areas in Minnesota, marijuana-infused edibles remain illegal under federal law regardless of the state you are in. 

Why Some Lawmakers Are Concerned About the Legalization of THC Edibles

Despite their appearance, cannabis edibles such as sweet treats, brownies, chocolate bars, and gummies infused with tetrahydrocannabinol (THC), the primary psychoactive component of marijuana, may pose safety risks for some users. This is especially true for young people, and older adults, because dosage and potency lack adequate monitoring and regulation. THC edibles are absorbed through the digestive system, which results in delayed onset. While it may take 20 minutes to 3 hours to feel cannabis effects, they may last considerably longer than cannabis consumed in other ways.

What to Do If You Were Arrested for Possession of THC Edibles in Minnesota

Seeking legal advice from a drug crime lawyer in Minnesota is crucial if you were arrested for possession of THC edibles. The laws surrounding edibles that are infused with hemp and marijuana have changed so often, and so significantly, that there is often confusion over what is legal and what is not. 

Felony drug offenders in Minnesota face harsh penalties. A Minneapolis drug attorney can provide a legal defense that may reduce charges and penalties. Without a proper defense, a felony drug arrest and conviction may result in years in prison and life-long consequences.

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.

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