What is the difference between having more than 1.4 grams of marijuana in the vehicle versus having less than that amount? I believe I had less than that but the ticket says more: is it possible to contest the amount and if so would it be worth it should the weight be under (which I firmly believe it was)?
2 Answers from Attorneys
Possession of more than 1.4 grams of marijuana in a motor vehicle is a misdemeanor. 1.4 grams or less is a petty misdemeanor. The difference between the two is that a petty misdemeanor is not a crime and only includes a fine as punishment, whereas a misdemeanor conviction can include jail and/or fines. Therefore, if any issues regarding the total weight are important.
Read more about the difference between the classification of offenses here:
Also, for possession of marijuana in a motor vehicle, the marijuana must be found in that portion of the vehicle normally occupied by the driver or passengers. This includes the glove compartment and console, but not the trunk.
Hello. I suggest you view the actual statute, Minnesota Statute 152.027, as a starting point. The difference in quantity is critically important. Yes, it may be vitally important that the quantity involved in your case is investigated. Please confer with your attorney. Also, know that you are unwise to post details of your private legal issues on a public website.
Tricia Dwyer Esq
Tricia Dwyer Esq & Associates PLLC
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