At high noon today, Gov. Tim Walz intends to sign a bill that will legalize recreational cannabis in Minnesota.
Although the bill will be signed today, recreational marijuana will not go into effect for a couple of months. The law will officially begin on August 1, and it will allow Minnesota residents over the age of 21 to possess up to two pounds of marijuana at home and two ounces when they are outside of their homes. Even though it will become legal to carry marijuana on your persons after August 1, public consumption is still not allowed, and you could receive a misdemeanor citation for doing so.
Expungment Available
Another major part of the bill is that it will allow residents who have been convicted of cannabis-related crimes in the past to apply for expungment. The best part is that low-level cannabis convictions will automatically be expunged, meaning you don’t have to do anything in order to have these past convictions expunged and hidden from public view.
Additionally, a Cannabis Expungment Board has been created by the Minnesota Office of Cannabis Management to review more serious convictions to see if the individual would be eligible for expungment or a reduced sentence. The board is made up of five members:
- the Chief Justice of the Supreme Court or a designee
- the Attorney General or a designee
- one public defender, appointed by the Governor upon recommendation of the State Public Defender
- the Commissioner of Corrections or a designee
- one public member with relevant experience, appointed by the Governor
Expungment or a reduced sentence would be determined on a case-by-case basis, as the board has not publicly stated the criteria for qualifying for one of these options.
It’s also worth noting that the legislation bans employers from discriminating against or firing an individual who has had a positive drug test, although certain industries like the federal government or education are exempt from this ban. Companies are allowed to ban workers from using or having marijuana at work during business hours or while operating a company vehicle or equipment.
And as we’ve mentioned on the blog in the past, the legalization of marijuana does not mean that it is legal to drive while under the influence of marijuana. Although their is no standardized test like there is for alcohol, an officer can arrest an individual if they have probable cause to believe the individual is under the influence of drugs. Drugged driving will certainly become a point of contention in the future, but we’re confident that people will make smarter choices knowing that police will be on the lookout for possible situations of driving under the influence of marijuana.
For more information about the bill or what it means for Minnesota, head on over to the Minnesota Office of Cannabis Management’s website or give Avery and the team a Call if you need help defending a drug charge at (952) 224-2277.
