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Minnesota Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: How can I fight a vilotion of cannabis that was hearsay rather than proof of it.
Thomas C Gallagher
Thomas C Gallagher
answered on Oct 12, 2024

The most important thing one can do if facing a criminal charge, is to get help from a defense attorney. The Minnesota Court's Rules of Evidence contain a "Rule Against Hearsay." Hearsay is an "out of court statement, offered for the truth of the matter asserted." The... View More

1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Minnesota on
Q: can you smoke cannabis between the time of your arrest for a DWI and before your court date ?
Thomas C Gallagher
Thomas C Gallagher
answered on Oct 9, 2024

That would depend upon things not stated in the question. For example, if the judge's Pretrial Release Order provides for Conditional Release, and one of the conditions is "no use of alcohol or non-prescribed drugs" or similar, then smoking cannabis would violate that condition.... View More

2 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: Can I grow marijuana while on parole

I'm asking because my p.o has Threaten to put me back on a 90 day violation for smoking (street weed) thas pot that's not from a dispensary.

And now on top of that, she wants me to do MRT

And my insurance won't cover it. And she told me. I'm ether gonna pay... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jun 3, 2024

You need to follow your conditions of supervised release. If supervised release requires sobriety, you need to remain sober. If you have a prescription for medical marijuana, then you need to get your pot from a dispensary. I'm not sure why she is requiring you to do MRT, but you are likely... View More

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Minnesota on
Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated
Thomas C Gallagher
Thomas C Gallagher
answered on Aug 2, 2023

Minnesota now calls what was once called "parole," by the term "supervised release," to describe the period after a state prison inmate is released from prison, but subject to compliance with conditions which, if violated, could result in a return to prison. The Minnesota state... View More

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Minnesota on
Q: I'm in Minnesota I have a medical marijuana card and my parole agent does not want me to use marijuanacan I be violated
Sarah Gad
Sarah Gad
answered on Aug 2, 2023

Technically, they can violate you for it (depending on the county) but you could overcome this by seeking a court order from a judge permitting you to use marijuana for legitimate medical reasons. In an ideal system, you would not be violated for taking your prescribed medication, but laws can... View More

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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: Does State Patrol have training material that states heat bumps on the back of someone's tongue indicate drug use?

If so is this recently recognized by the scientific community as factual information?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 11, 2023

To my knowledge, the answer is "no." The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law... View More

1 Answer | Asked in Cannabis & Marijuana Law, Personal Injury and Products Liability for Minnesota on
Q: I use a hemp based THC product that has been causing asthma and other lung issues. Do I have any recourse?

I think this product contains vitamin e, a known agent that causes lung issues when vaporized. The product is called ElfTHC and I was using their THCP blends. I've used other brands before and nothing has ever done this, nor does regular marijuana based THC. Their lab results online are... View More

Robert Kane
Robert Kane
answered on Jun 26, 2024

You will need to contact Dangerous Drug Lawyers directly to determine if you have a viable case. This is not my area of expertise, but it doesn't seem you have a viable case.

1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: Can someone be terminated for be accused of smoking cannabis when they have proof that they were working at the time?
Robert Kane
Robert Kane
answered on Nov 6, 2023

Yes, someone can be terminated for be accused of smoking cannabis when they have proof that they were working at the time. Employers usually don't need a reason to fire someone. Please look up "at will" employee.

2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Minnesota on
Q: is it illegal to be underage and high, even if i have nothing on my person/car/property
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 21, 2022

In law school we learn that there is one answer to every legal question: "It depends." It could be illegal to be underage and high, if that person "drives, operates, or is in control of any type of motor vehicle" in Minnesota. To pick another random example, in Minnesota an... View More

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1 Answer | Asked in Cannabis & Marijuana Law for Minnesota on
Q: the state of Minnesota is the smell of weed in a home probable cause to get a warrant to search it?
Thomas C Gallagher
Thomas C Gallagher
answered on May 4, 2022

It shouldn't be. now that hemp flower is legal, and now that medical cannabis patients can lawfully smoke cannabis flower in their home. But, some law enforcement officers and some judges may not be up to date. So, it's probably a good idea to be careful about that.

4 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: My car was seized because of a felony amount of marijuana will I get it back? Scott county mn

I was driving and got pulled over for not fully stopping at a stop sign. I had an odor of weed in my car. They gave me a notice of seizure and intent to forfeit. How do I get it back?

William Bailey
William Bailey
answered on Nov 22, 2020

Hiring an attorney is going to be the best chance. At a minimum you should get a consult.

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3 Answers | Asked in Cannabis & Marijuana Law and Criminal Law for Minnesota on
Q: I had a jar, a glass pipe, and lighter and less than 1.5 grams of weed. I was smoking and a cop pulled up.

he just took the jar. I gave him my id and then he wrote what looks like my license number and my DOB down. and then he said we can go on our way. What do you think will happen? he was really nice about it but he says he was going to weigh it and then destroy it and that it looks like I would be... View More

William Bailey
William Bailey
answered on Sep 9, 2020

Could be that nothing happens. Could be that you receive a citation for possession of marijuana in a motor vehicle. If convicted, you could lose your license. It would be wise to have a lawyer help you with this. Many of us offer free consultations.

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