Recreational marijuana was legalized in Minnesota just over three years ago, and while Minnesotans have more freedom to enjoy marijuana recreationally, there are still some rules in place for buying, transporting and using marijuana across the state. The transport part is particularly tricky, as there are specific rules in place for driving after smoking marijuana or traveling with the plant in your vehicle. In today’s blog, we’re going to share some tips for driving with marijuana in your car so that you don’t end up in trouble with the law.
Driving With Marijuana In The Car In Minnesota
Before we dive into the legal transportation of marijuana in Minnesota, we want to touch on the subject of driving after smoking. Even though recreational weed has been legalized in Minnesota, it is still a crime to get behind the wheel under the influence of the drug. If you’re smoking while driving, or you smoke and get behind the wheel while you’re still affected by the substance, you can be charged with Driving Under the Influence (DWI).
Now, it’s more challenging for a police officer to prove that you are under the influence of marijuana than determining if you’re under the influence of alcohol because roadside testing equipment can more easily and accurately detect the presence of alcohol in someone’s system than marijuana, but that doesn’t mean police are out of options. They’ll look for clues in your vehicle and in your demeanor to make a determination as to whether or not enough evidence exists to charge you with DUI. Marijuana in your vehicle is not enough to arrest someone for driving high, but you’ll want to be careful with how you store and transport marijuana in your vehicle.
That’s because Minnesota has what’s known as an “open package” law. The law places some strict regulations on how someone can transport marijuana in their vehicle, and if you’re a recreational marijuana user, there’s a good chance you have violated these little known laws a time or two. Here’s what the law says about transporting marijuana in Minnesota:
It is a crime for a person to have in possession, while in a private motor vehicle on a street or highway, any cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, or any other product containing an artificially derived cannabinoid that:
1) is in packaging or another container that does not comply with the relevant packaging requirements in chapter 152 or 342;
(2) has been removed from the packaging in which it was sold;
(3) is in packaging that has been opened or the seal has been broken; or
(4) is in packaging of which the contents have been partially removed.
In other words, unless marijuana is in its original, sealed packaging from the manufacturer, transporting it in a vehicle is illegal. If you took a little bit out of the container to bring to a friend’s house before a concert, or you have half your stash left and are going to bring it on a camping trip this weekend, you’re in violation if you have it in your vehicle, even if you haven’t smoked it yet. We’ve heard stories of clients informing police of the marijuana in their vehicle and even showing them their stash, only to eventually be charged with a crime because they were in violation of the state’s open package law.
Exceptions And Advice
There is one key exception when it comes to transporting marijuana that is not sealed from the original manufacturer. According to Minnesota law, you are allowed to transport recreational marijuana that does not meet the above definition if it is stored in your trunk. If your vehicle does not have a trunk, it can be stored in an area not normally occupied by a driver or passengers. It’s worth noting that the state clearly outlines that for the definition of this exception, a glove compartment DOES NOT meet the definition of a trunk or similar unoccupied space. Don’t store your weed in the glove compartment or in a center console compartment, put it in the trunk.
Avery has one last piece of advice that he wants to share with anyone who may be traveling with marijuana in their vehicle – Never consent to a search. Now that recreational marijuana is legal, the smell of marijuana in a vehicle is not enough reasonable suspicion that a crime has been committed. Police do not have authority to search your vehicle on smell alone unless you give them permission to conduct the search. Never give them this permission. You are protected against unreasonable searches and seizures, and you should always exercise that right. You can simply tell the officer that you’ll be invoking your right to say no to a warrentless search of your vehicle.
Keep any unsealed marijuana in your trunk, and say no to vehicle searches, and there’s a good chance you won’t need our services. But if you or a friend end up in trouble, make sure your first call is to Avery and the team at Appelman Law Firm. Give us a call today at (952) 224-2277.
