High Level Strategies by Maren Schroeder via Minnesota Reformer
On May 30, 2023 Gov. Tim Walz , a Democrat, signed the cannabis legalization law.
The Minnesota Supreme Court has ruled more recently that the smell alone of burned cannabis no longer constitutes a probable reason for vehicle searches. Minnesotans will now have to deal with new rules, especially since cannabis is legalized.
It is still not free for all. Minnesota must ensure that people who are accused of minor misdemeanors, which will be the most common punishment in the new marijuana regulatory regime, have access to legal counsel.
Minnesotans will be able to transport or possess up to 2 ounces cannabis flower or edible cannabis products, or hemp edibles with less potency, as long as they are infused with 800 milligrams total tetrahydrocannabinol. Minnesotans can also grow up to 8 cannabis plants per household, four of which are mature. Minor violations can be punished as a minor misdemeanor. However, felony penalties are imposed for serious violations.
These legislative changes are a good thing. In September, the Minnesota Supreme Court also protected individual liberties with its State against Torgerson decision. Adam Lloyd Torgerson’s vehicle was stopped by the Minnesota Supreme Court on July 5, 2021 because it had too many auxiliary light. The officer stopped the car and said he “smelled” marijuana. He then searched the vehicle based on probable cause, and found drugs. Torgerson then was charged with a controlled substances crime.
The district court ruled later that the smell of marijuana alone does not allow vehicle searches. Minnesota Court of Appeals, and the Supreme Court of Minnesota, both ruled that a smell by itself is not sufficient to establish probable cause. The smell must also be accompanied by other evidence of a criminal offense.
Even though this is good news for Minnesotans and their communities, it’s important to know that even minor misdemeanors can have collateral consequences. Federal law may consider cannabis offenses at the state level to be “crimes against violence”. This could have implications for immigration, education and housing as well as health care outside of Minnesota’s criminal system. Simply put: A minor misdemeanor doesn’t just mean a fine.
The specific conditions that surround the collateral consequences for petty misdemeanors are set by layers of state law, federal laws, and judicial precedents. To navigate the complexity of these laws, it is best to seek the advice and guidance of an attorney.
In Minnesota, petty crimes are not considered criminal offenses. Therefore, there is no public defender. The majority of people who are convicted of a minor misdemeanor simply pay the fine and accept the consequences. They should, however, consult an attorney if possible and think about the long-term consequences of a petty misdemeanor conviction.
In late 2020, Minnesota Supreme Court approved the Legal Paraprofessional Project. This project allows paraprofessionals who are rostered and eligible to give legal advice, and appear in court, for certain landlord-tenant and family law matters under the supervision and guidance of a Minnesota licensed lawyer. The pilot project will end in March 2024. A standing committee overseeing the project is working on its final report, which includes recommendations for the Supreme Court to consider.
Petty misdemeanors are one area that could be included. The court’s goal is to increase access to legal representation for cases where either one party or both appear without representation. The court did not identify petty misdemeanors as a problematic area at first, but Minnesotans are continuing to discuss the injustices in the justice system. These types of cases fit the objectives set by the pilot project.
Minnesota’s new marijuana laws will be addressed by petty misdemeanors, or “civil offenses”. This means that access to legal representation and advice is essential.
The inclusion of petty misdemeanors within the scope of paralegal practice is another step towards providing access to justice, and reducing the harms caused by our criminal laws.
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