Possession of small amount of marijuana wax, not a felony!
Possession of Small Amounts of Marijuana, including dabs/wax/hash oil, does not qualify as a felony in the State of Minnesota.
The Minnesota Bureau of Criminal Apprehension (BCA) has recently changed its policy on how it reports the chemical makeup of marijuana wax, a.k.a. dabs/hash oil. The BCA can only establish that a substance contains THC. They can’t identify what part of the marijuana plant the substance came from, or how it was manufactured, because there is no definition for dabs/wax/hash oil under Minnesota law.
Minnesota statutes define marijuana. But they exclude from the definition the mature stalks, as wells as the seeds, oils, and cakes from those seeds.
Why is this important? The BCA can not determine the difference between dabs/wax/hash oil and a small amount of marijuana. Consequently, a person cannot be convicted of a felony for possessing less than 42.5 grams of dabs/wax/hash oil. If you or someone you know has been charged with a felony for this same action, you are not guilty of a felony. But, in order to win this determination, you have to fight the charges and the definition therein. Get a lawyer.
Some days it seems like the Blue Earth County Jail roster is the most popular website in Mankato. Viewers of this website see what kind of trouble others in the community have gotten into. The website lists the initial charges and time of arrest. This can be particularly damaging as the initial charges are oftentimes trumped-up and overblown, and do not properly reflect the truth of the situation.
For example, we often see suspects charged with Disorderly Conduct or Obstruction of Legal Process, simply for attempting to exercise their constitutional rights to remain silent or refusing the police entry into their homes.
The public announcement of these charges on the Blue Earth County Jail roster can have serious, adverse consequences for these individuals. There is nothing that can be done to prevent the public from viewing this website.
Remember, there are occasions in which innocent people are arrested and criminally charged. Remember, one is presumed innocent until proven guilty.
DWI Law in Minnesota: Demand a warrant if a blood test is requested!
If you have recently been charged with DWI, and have either provided or refused a urine or blood test, you have an opportunity to have the matter dismissed, due to the recent Minnesota Court of Appeals decision, October 13, 2015, State v. Trahan.
The Court declared that charging a driver with a crime for refusing a warrantless blood test violates the individual’s right to due process, under the United States and Minnesota Constitutions.
This decision is significant as it is the first time that a Minnesota court has recognized that driver’s suspected of driving while intoxicated still have due process rights, and that it is wrong to require a driver, under the threat of being charged with a crime, to submit to a warrantless search.
Although this case specifically involves a blood test, we believe courts will extend the same rights to urine tests. However, the law regarding breath tests is still ruled by the Minnesota Supreme Court’s dismal decision in State v. Bernard, saying that a breath test can be requested, as incident to an arrest.
We have a constitutionally protected right of privacy limiting police control over our bodies. Minnesota’s courts are finally recognizing this right.
I routinely read Carolyn Hax' advice and truly appreciate her perspective. In a recent column she offers sage advice about healing. Here are some salient, key insights that can help lawyers and clients alike:
"Your anger cries out for this healing."
"don't compound the damage by leaving your own humanity unattended."
"Where justice is elusive, your own worth waits patiently for your attention."
"Releasing your grip on each of these people...is...a mortal's stepstool to grace."
I was once attending a seminar, and I silently challenged the speaker to tell me a story that would change my life.
This is the story I remember:
A young doctor was sent to Germany to attend those who had been in the concentration camps. This was after WWII. Many of the survivors had to remain in the camp, because of their weakened condition. For some, eating a simple candy bar could shock their system so much that it could result in death. Consequently, it was important to attend to those that were sick and bring them back to health slowly, before they could be moved to a better location.
The young doctor conducted his physical examinations of the various patients. After he had examined one of his patients, he looked at him and surmised, “I would estimate that you just got here. You are bigger and stronger than anybody else here. Apparently, you have not had time to lose your muscle mass due to starvation and bad food.”
The man looked at the doctor, and told him his story. “Actually, I have been here since 1939.” (This made him one of the longest survivors of the concentration camp. Remember, World War II ended in 1945.)
The doctor looked at him with incredulity. “How did you survive so well?” he asked.
The concentration camp survivor explained, “My family and I were at our home one night, when soldiers came into our home. They took my wife and children outside and killed them in front of me. I begged for them to kill me too. They would not. Because I spoke two languages, they thought they might be able to use my services in the future. They never did.”
The young doctor looked at his patient with astonishment. “So how did you survive?”
The concentration camp survivor explained, “I figured if I was going to survive that I had better learn how to love.”
This was my lesson. For me, survival is simply defined: power takes, love gives.
Love can be defined as charity.
If you insist upon the power play, then you exclude charity as an option. On the other hand, if you use charity for yourself as well as others, you stand a better chance of rising above the claims generated from a power struggle.
The legal system, we believe all too often, is a means of getting even, revenge, or any number of power plays that compel the other person to do what you want. If this is how a person views the criminal justice system, then they are probably in for a long, painful ordeal. Remember, the whole State of Minnesota stands against the accused. Until one realizes what this power entails, it is difficult to comprehend how to survive.