Albert Lea, MN asked in Criminal Law for Minnesota

Q: I was caught with 1 gram of THC oil it is my first offence im 21 i have a clean record what could be my outcome

i was searched and they found 1 gram of thc oil

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2 Lawyer Answers

Jonathan Matthew Holson

Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: That should be considered a small amount of marijuana and consequently it would be a petty misdemeanor.

Thomas C Gallagher

Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: One gram of THC oil could be charged as a Fifth Degree Controlled Substance - Fifth Degree possession, a felony. The outcome of any criminal case is uncertain, depending upon many factors including your will to fight and your choice of defense attorney. If convicted of this charge as a first offense, the Minnesota Sentencing Guidelines for felonies call for a presumptive sentence of probation (stayed state prison time), with local jail a possibility. My past clients facing this charge with no priors have wanted to come out of it without a criminal conviction on their public record. I've typically been successful in helping clients get that. Conditions typically include no use with drug testing. Otherwise, we can look for ways to suppress illegally obtained evidence and to win the jury trial.

Note that THC oil typically excluded from the Minnesota Statute's definition of a "small amount" of marijuana, which excludes "the resinous form of marijuana."

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