{"id":84750,"date":"2025-12-09T09:56:30","date_gmt":"2025-12-09T17:56:30","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/12\/09\/minnesota-legalized-marijuana-but-thousands-of-people-are-still-being-prosecuted-for-carrying-cannabis-in-their-cars\/"},"modified":"2025-12-10T19:47:42","modified_gmt":"2025-12-11T03:47:42","slug":"minnesota-legalized-marijuana-but-thousands-of-people-are-still-being-prosecuted-for-carrying-cannabis-in-their-cars","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/12\/09\/minnesota-legalized-marijuana-but-thousands-of-people-are-still-being-prosecuted-for-carrying-cannabis-in-their-cars\/","title":{"rendered":"Minnesota Legalized Marijuana, But Thousands Of People Are Still Being Prosecuted For Carrying Cannabis In Their Cars"},"content":{"rendered":"<\/p>\n

\u201cWe\u2019re just switching how we\u2019re criminalizing the same exact plant. And it\u2019s going to hit the same communities that the criminalization of marijuana did.\u201d<\/em><\/p>\n

By Max Nesterak, Minnesota Reformer<\/strong><\/p>\n

When Minnesota lawmakers legalized recreational marijuana in 2023, Democrats hailed it as the state\u2019s most sweeping shift in drug policy in half a century and long-overdue relief for tens of thousands whose records were marred by low-level marijuana offenses.<\/p>\n

What had been a felony\u2014having two ounces of cannabis flower in a car, enough for about 100 joints\u2014became legal overnight when the law took effect on August 1.<\/p>\n

But legalization hasn\u2019t ended marijuana prosecutions. Minnesota prosecutors have brought more than 3,500 charges and won more than 1,200 misdemeanor convictions against people with cannabis in their cars since legalization, according to a\u00a0Minnesota Reformer\u00a0<\/i>analysis. Additionally, prosecutors have filed nearly 500 charges against people for consuming cannabis in vehicles, either as passengers or drivers.<\/p>\n

That\u2019s due to an important but unadvertised caveat: all cannabis products\u2014including flower, vape pens, wax and edibles\u2014must be in the trunk (or trunk area in the case of SUVs) unless they\u2019re sealed in their original, labeled packaging from a dispensary.<\/p>\n

The police stops and prosecutions have defense lawyers concerned about the threat of racial profiling and warrantless vehicle searches.<\/p>\n

\u201cNow there\u2019s this whole entry point to all of these cars\u2014officers are going to take it every time they get,\u201d Amanda Brodhag, a Hennepin County public defender, said.<\/p>\n

Law enforcement leaders and prosecutors say there\u2019s an obvious public safety rationale for the law: driving under the influence of cannabis or any intoxicating substance is dangerous and they shouldn\u2019t be easily accessible to the driver.<\/p>\n

The packaging law has caught many consumers and even cannabis attorneys unawares.<\/p>\n

\u201cI\u2019m surprised,\u201d said Elliot Ginsburg, an attorney who helps marijuana growers, manufacturers and retailers comply with the new regulatory regime. \u201cI suspect a lot of people don\u2019t know that.\u201d<\/p>\n

The law prohibiting improperly packaged marijuana in vehicles isn\u2019t mentioned on the state\u2019s \u201cneed to know\u201d page about adult-use cannabis, nor is it referenced anywhere in\u00a0the chapter of laws\u00a0governing recreational cannabis, including\u00a0the lengthy section\u00a0detailing limits on cannabis possession and the many things people may not do with it, like use it in a vehicle.<\/p>\n

The\u00a0rules\u00a0are found in the lengthy chapter of traffic laws, next to the nearly identical section on open alcohol containers.<\/p>\n

Violating the cannabis open package law is a misdemeanor, carrying a maximum penalty of $1,000 fine and 90 days in jail, although many people end up paying a few hundred dollars or less, according to the\u00a0Reformer<\/i>\u2019s review of convictions.<\/p>\n

In dozens of convictions reviewed by the\u00a0Reformer,<\/i>\u00a0some cases included evidence that the driver had recently consumed, like a burnt roach in the ashtray or a vape pen tucked under the driver\u2019s leg. In those cases, there were often additional charges such as driving under the influence, speeding or driving without a license.<\/p>\n

In many other cases, however, the driver is not even suspected of being under the influence but simply had a jar of marijuana in the passenger area or in the center console. In those cases, drivers often freely showed officers their bag of weed, seemingly unaware they had done anything wrong.<\/p>\n

Brodhag, the Hennepin County public defender, said the people she\u2019s represented charged with marijuana packaging violations have been surprised to learn they did anything wrong.<\/p>\n

She and other criminal defense attorneys have also seen officers use it to search vehicles without a warrant or the driver\u2019s consent, which they say is a troubling trend. They worry police may use the ban on improperly packaged cannabis as part of a strategy that targets people of color and people in low-income neighborhoods in hopes of turning up illegal guns, drugs or other contraband.<\/p>\n

In 2023,\u00a0the Minnesota Supreme Court ruled\u00a0that the odor of marijuana alone did not give police officers enough probable cause to search a vehicle<\/a> without a warrant or the owner\u2019s consent. But if drivers admit to having marijuana in the passenger area or a police officer sees it, that could justify a warrantless search.<\/p>\n

There are apparent racial disparities in some counties, according to data obtained by the\u00a0Reformer\u00a0<\/i>through a public records request. In the state\u2019s most populous Hennepin County, for instance, around 42 percent of people charged with having open cannabis packages or using in their vehicles were Black despite making up roughly 13 percent of the population. In Ramsey and Dakota counties, roughly a third of people charged since legalization were Black.<\/p>\n

\u201cWe\u2019re just switching how we\u2019re criminalizing the same exact plant,\u201d Brodhag said. \u201cAnd it\u2019s going to hit the same communities that the criminalization of marijuana did.\u201d<\/p>\n

Brodhag serves on the state\u2019s\u00a0Cannabis Expungement Board, which was created by the Legislature to review more than 100,000 past marijuana-related cases. Sen. Lindsey Port, DFL-Minneapolis, a lead author of the bill said the aim is to \u201cundo that harm\u201d of cannabis prohibition.<\/p>\n

Brodhag finds it hard to reconcile her work on that board expunging low-level cannabis offenses with defending people who continue to be charged with the low-level cannabis offense of having an improperly sealed bag or vape pen in the car.<\/p>\n

\u201cThese cases are not going to be up for expungement in the same way, and these people are going to have convictions that could still impact their future,\u201d Brodhag said.<\/p>\n

How often people are charged for improperly stored marijuana varies widely across the state. For instance, there were more charges brought in McLeod County, population 36,771, since legalization than Ramsey County, population 552,352\u2014128 to 120.<\/p>\n

Since misdemeanor charges are usually brought by city attorneys, charging rates can differ greatly across city lines. Prosecutors in Edina, population 53,494, have brought 93 charges since legalization compared to 87 brought in Minneapolis, population 429,954.<\/p>\n

Ginsburg, the cannabis business attorney, says it doesn\u2019t make sense to treat a resealed jar of marijuana in the glove compartment the same as an open beer can in the driver\u2019s cupholder.<\/p>\n

\u201cIf you have a can of beer open, it\u2019s in the process of being consumed. But a broken seal on a package means you maybe used some two weeks ago,\u201d Ginsburg said. \u201cI don\u2019t see why that should be a crime.\u201d<\/p>\n

A resealed jar of marijuana seems akin to a case of beer with a few cans missing, which is not a crime to have in the passenger area of a car in Minnesota. (At least, prosecutors and members of the Minnesota Supreme Court agreed it was not a crime in\u00a02021 case.)\u00a0Law enforcement leaders counter it\u2019s also like having a half-full handle of vodka or bottle of wine, which is a crime.<\/p>\n

Another important distinction is that virtually all beer, wine and other spirits that people have in their cars came sealed from a store, whereas the vast majority of cannabis, at least for now, is either purchased on the black market or grown at home. Until recently there were only a handful of dispensaries in Minnesota where people could buy cannabis in the required \u201cchild-resistant, tamper-evident and opaque\u201d packages.<\/p>\n

Ginsburg also pointed out that consumers could face misdemeanor charges if manufacturers don\u2019t package their product according to strict state standards and they happen to have it in the passenger area of their cars.<\/p>\n

\u201cThe vast, vast, vast majority are doing their best to comply\u2026but during this awkward transition period, there is confusion in the market,\u201d Ginsburg said.<\/p>\n

McLeod County Attorney Ryan Hansch, whose office has brought 72 charges since legalization, said open cannabis package violations are hardly a priority for his office compared with more serious crimes. But when law enforcement brings him a case, his job is fairly straightforward.<\/p>\n

\u201cIf the evidence supports criminal charges\u2014absent some other considerations\u2014it is typically going to be charged,\u201d Hansch said.<\/p>\n

Law enforcement officers have broad discretion over whether to refer charges, and Hansch said he\u2019s confident officers are choosing to educate people about the law and let them go with a warning in a fair number of cases.<\/p>\n

Edina Police Sgt. Mike Sussman said he isn\u2019t surprised by his city\u2019s relatively high charging rate and doesn\u2019t think it\u2019s a particularly enlightening statistic.<\/p>\n

Edina has major highways crossing through their jurisdiction connecting Minneapolis to outer-ring suburbs. Plus, the Minneapolis Police Department is short hundreds of officers and likely busier answering 911 calls. (Minneapolis police are also barred from pulling people over for equipment violations like broken taillights and tinted windows following federal and state investigations that found they had a pattern of racial discrimination.)<\/p>\n

\u201cWe are heavily traffic-focused,\u201d Sussman said.<\/p>\n

He said they\u2019re not interested in \u201cnitpicking\u201d small amounts of cannabis, but they try to follow the letter of the law.<\/p>\n

\u201cThe citation is what changes the driving behavior,\u201d Sussman said. \u201cAnd consistency is usually the key when it comes to some of these enforcements because otherwise you could be accused of favoritism.\u201d<\/p>\n

This story was first published by Minnesota Reformer.<\/em><\/a><\/p>\n

The post Minnesota Legalized Marijuana, But Thousands Of People Are Still Being Prosecuted For Carrying Cannabis In Their Cars<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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\u201cWe\u2019re just switching how we\u2019re criminalizing the same exact plant. And it\u2019s going to hit the same communities that the criminalization of marijuana did.\u201d By Max Nesterak, Minnesota Reformer When Minnesota lawmakers legalized recreational marijuana in 2023, Democrats hailed it as the state\u2019s most sweeping shift in drug policy inContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":457,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/84750"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/457"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=84750"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/84750\/revisions"}],"predecessor-version":[{"id":84751,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/84750\/revisions\/84751"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=84750"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=84750"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=84750"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}