Charged with Oil, Extracts, or Cartridges Before July 1st? How to maybe get it dismissed!
Oil, shatter, resin, distillate, dabs, cartridges, whatever the form, they’re all extracts from the Cannabis plant. Great news! The law now makes it clear that, prior to July 1, 2019, the legal definition of “Hemp” (cannabis plant with no more than 0.3% THC) did not include the extracts of the plant! Therefore, it was not a crime to have “Hemp”-derived extracts at even 100% THC. Better news! It is unlikely that anyone can prove that your extracts were derived from a so-called “Marijuana” plant (cannabis plant with greater than 0.3% THC), which would be either a gross misdemeanor or felony crime. Time to bring those motions to dismiss! Even if you pled guilty, we can bring a motion for post-conviction relief. Confusing? The geeky details…
Extracts are Charged as Felonies and Gross Misdemeanors:
The “resinous” form of marijuana is a Gross Misdemeanor if it weighs less than ¼ gram (or one dosage unit) and the defendant has no prior controlled substance convictions and it is a Felony if greater than ¼ gram or if the defendant has a prior controlled substance conviction. Minn. Stat. §152.01, Subd. 16; Minn. Stat. §152.025, Subd. 4; Minn. Stat. §152.025, Subd. 2(1); Minn. Stat. §152.02, Subd. 2 (h).
Legal Definition of Marijuana:
“Marijuana” means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Minn. Stat. §152.01, Subd. 9.
(a small amount of marijuana is defined as 42.5 grams or less of flower/buds [not extracts] and is a petty misdemeanor. Minn. Stat. §152.01, Subd.16)
So, as you can see, without more creative arguments, any amount of extract from a “Marijuana” plant was a crime; less than ¼ gram is a Gross Misdemeanor and over ¼ gram is a Felony.
Pre-July 1st Legal Definition of Hemp, in part:
The Cannabis plant and any part of the plant, whether growing or not, with a THC level of not more than 0.3% THC. Hemp is not Marijuana as defined in Minn. Stat. §152.01, Subd. 9 (the legal definition of Marijuana that I gave you above).
Post-July 1st Legal Definition of Hemp, in part:
The Cannabis plant and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC level of not more than 0.3% THC. Hemp is not Marijuana as defined in Minn. Stat. §152.01, Subd. 9 (the legal definition of Marijuana that I gave you above).
The underlined language is the new addition to the law.
This makes it clear that the old law did not differentiate between hemp-derived extracts (even up to 100% THC!) and “Marijuana” derived extracts. The plant species are the same and it is extremely unlikely anyone can prove that your extracts were derived from “Marijuana”, rather than “Hemp”.
Give us a call at 763-682-1324 to discuss your case and we will bring a motion to dismiss on this basis!
The Bad News: The new definition of “Hemp” requires all extracts from “Hemp” to contain no more than 0.3% THC. So, this article isn’t so helpful for those charged after July 1, 2019. However, there are many other defenses to explore, so give us a call today at 763-682-1324, even if you were charged after July 1, 2019.
- Author Ted Buselmeier is an attorney license in Minnesota State and Federal Courts, is on the NORML Legal Committee, and is an advocate for marijuana legalization.
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