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MN Possession In MV

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brandonlb

Junior Member
What is the name of your state (only U.S. law)? MN

Can you be charged with possession of small amount in MV if it's less then 1.4 grams, would this be arguable to dismiss?
 


brandonlb

Junior Member
152.027 (3) on the ticket. it says more then 1.4 grams in the statue, so could i get this offense dropped if it was under that?
 

seniorjudge

Senior Member
152.027 OTHER CONTROLLED SUBSTANCE OFFENSES.

Subdivision 1. Sale of schedule V controlled substance. Except as provided in section
152.02, subdivision 6, a person who unlawfully sells one or more mixtures containing a controlled substance classified in schedule V may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Subd. 2. Possession of schedule V controlled substance. Except as provided in section
152.02, subdivision 6, a person who unlawfully possesses one or more mixtures containing a controlled substance classified in schedule V may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. The court may order that a person who is convicted under this subdivision and placed on probation be required to take part in a drug education program as specified by the court.

Subd. 3. Possession of marijuana in a motor vehicle. A person is guilty of a misdemeanor
if the person is the owner of a private motor vehicle, or is the driver of the motor vehicle if the owner is not present, and possesses on the person, or knowingly keeps or allows to be kept within the area of the vehicle normally occupied by the driver or passengers, more than 1.4 grams of marijuana. This area of the vehicle does not include the trunk of the motor vehicle if the vehicle is equipped with a trunk, or another area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment is deemed to be within the area occupied by the driver and passengers.

Subd. 4. Possession or sale of small amounts of marijuana.
(a) A person who unlawfully sells a small amount of marijuana for no remuneration, or who unlawfully possesses a small amount of marijuana is guilty of a petty misdemeanor and participation in a drug education program unless the court enters a written finding that a drug education program is inappropriate. The program must be approved by an area mental health board with a curriculum approved by the state alcohol and drug abuse authority.
(b) A person convicted of an unlawful sale under paragraph (a) who is subsequently
convicted of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor and shall be required to participate in a chemical dependency evaluation and treatment if so indicated by the evaluation.
(c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully
and intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor.
Compliance with the terms of the sentence imposed before conviction under this paragraph is an absolute defense.

https://www.revisor.leg.state.mn.us/bin/getpub.php?type=s&num=152.027&year=2007
 

seniorjudge

Senior Member
The government has to prove all elements of a crime.

If there were less than the required amount of dope, there may be a lesser included offense you could be charged with.
 

djenn434

Junior Member
Drugs - Possess Over 1.4 Grams Marijuana In Motor Vehicle

I'm going through the same thing you did. I got pulled over and charged with having over 1.4 grams ina motor vehicle but I know for a fact there was not that much in the bag. I was just wondering what happened with you? Also, the police came up to my car, opened my door, told me to get out, then started searching the car without my consent. Know anything about that? And if there was a less charge for having under 1.4 grams in a motor vehicle, what would thecharge be? Thanks.
 

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