Legal Question in Criminal Law in Minnesota

likely punishment for small-scale marijuana cultivation?

Hypothetical:

Someone calls the police and reports that a Hennepin County apartment dweller is cultivating marijuana in his apartment unit. The police get a search warrant, go to the apartment, and find six well-tended marijuana plants in full bloom. No evidence suggests any 'intent to distribute'; the apartment dweller argues he cultivated the plants merely out of botanical curiosity. The evidence seized--freshly cut plants--weighs a pound.

How would this case likely be charged, and what would the punishment likely be?


Asked on 5/22/04, 10:43 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: likely punishment for small-scale marijuana cultivation?

You may be charged with possession or possession with intent to sell since that may be oinferred by the quantity of marijuana present. It could be anything from a misdemeanor to a fifth degree felony, although a fifth degree felony is likely.

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Answered on 5/24/04, 9:23 am


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