03/07/2022
Hearing Alert: House Public Safety and Criminal Justice Reform Finance and Policy. Tuesday, March 8th, 6:00 pm.
HF1355 (Gomez) Expanding cannabis decriminalization
What's the issue?
Minnesota decriminalized bud/flower cannabis in the 1970s, but did not include any other forms of cannabis, like edibles and wax, meaning that individuals caught with these products face felony charges instead of petty misdemeanor tickets.
This is increasingly problematic because the trends in MN's illicit market are shifting heavily toward non-flower cannabis, resulting in more felony charges instead of petty misdemeanor tickets.
Just how big of a problem it is:
In 2013, Minnesota’s Drug Task Forces (VCETs) seized 353 grams of non-flower cannabis. In 2021, that number ballooned to 580,533 grams of edibles and wax and 91,461 THC v**e cartridges.
Prison for a petty misdemeanor?
The feds think so. In US v. Foote (2013), a federal court sent the defendant to prison after counting a petty misdemeanor possession ticket in his criminal history score. You can read more about this here: https://gallagherdefense.com/2021/01/12/decrim-law-repair/
Who supports HF1355?
MN Chapter of Americans For Prosperity, the MN Republican Liberty Caucus, Senator Abeler who is chief author of the Senate companion, Sensible Change Minnesota, Minnesotans for Responsible Ma*****na Regulation (MRMR), ACLU MN, Minnesota's Chapter of Students for Sensible Drug Policies, and Minnesota NORML.
The bill, HF1355, does the following:
(1) Reduces penalties for possession of a small personal amount (up to 8 grams) of non-flower THC products (edibles, wax, topicals, etc.) to a petty misdemeanor.).
(2) Removes a drug education program requirement and driver’s license revocations for those caught possessing or giving away a small amount of cannabis.
(3) Allows the expungement of records for individuals with felony records if the charge would no longer be a felony after this bill becomes law.
(4) Removes possession of a small amount of ma*****na from the definition of “crime of violence,” and provides a path to restore second amendment rights to those convicted of personal cannabis possession.
(5) Reduces penalties for some first-time offenders possessing more than the petty misdemeanor limit.
(6) Creates an affirmative defense in court for medical cannabis patients who weren't actively signed up for Minnesota's medical cannabis program at the time of their arrest.
(7) Provides automatic expungement for petty misdemeanor cannabis-related
offenses after a 1 year waiting period.