In 2023, Minnesota legalized recreational marijuana, joining a growing number of states reforming cannabis-related laws. But while legalization has opened the door to personal use and limited home cultivation, new regulations around marijuana possession, growth, and distribution are still being tested in real time—and so are the people navigating them.
At Ryan Pacyga Criminal Defense, we recently handled one of the first marijuana cultivation cases charged under Minnesota’s new law in a rural county where prosecutors and judges are still getting up to speed.
Here’s what happened—and what you should know if you’re using or growing marijuana in Minnesota.
Background: What Minnesota’s Marijuana Legalization Really Allows
As of August 1, 2023, adults 21 and older can:
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Possess up to 2 ounces of cannabis flower in public
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Possess up to 2 pounds of cannabis flower at home
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Cultivate up to 8 marijuana plants, with no more than 4 mature (flowering) at any time
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Possess up to 8 grams of cannabis concentrate
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Possess cannabis-infused edibles with up to 800 mg of THC
🔗 Full law text here: Minnesota Statute 342.01-342.78
But it’s important to note:
➡️ Violating those limits can still lead to serious criminal charges, including felonies, especially if the state believes you’re distributing, cultivating too many plants, or failing to comply with location or security restrictions.
Our Case: First-of-Its-Kind Cannabis Cultivation Charge
We represented a client who had started growing marijuana at home—what he believed to be within legal limits. However, a law enforcement search led to charges under the new marijuana cultivation statutes, which were still fresh on the books.
The county attorney admitted this was the first case filed under the new law in that jurisdiction. That presented both challenges and opportunities.
Our Defense Strategy
We acted quickly to:
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File motions challenging the validity of the charges and probable cause
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Force the prosecution to clarify their interpretation of the new law
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Highlight discrepancies in how the statute was being applied
Because the statute is new and enforcement is still evolving, this created significant pressure on the prosecution. They ultimately re-evaluated their approach, and rather than push for a felony conviction, they agreed to a far more favorable outcome for our client.
✅ No felony. No prison. A strong path forward.
The Takeaway: Legal Weed in Minnesota Still Has Legal Risks
Legalization doesn’t mean immunity from prosecution. If you’re growing marijuana—even at home—you must follow the law carefully:
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Know your plant limits
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Keep cultivation indoors and out of public view
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Avoid any signs of distribution (even unintentional ones)
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Keep proof of age and intent for personal use
If you’re facing marijuana charges in Minnesota, you need a defense attorney who understands how the new marijuana laws are being interpreted and enforced—especially in counties with little precedent.
Have Questions About Marijuana Charges? We Can Help.
Whether you’re facing cultivation charges, possession allegations, or just want to protect yourself as laws evolve, call us today for experienced, strategic legal advice.
Call Ryan Pacyga Criminal Defense: 612-339-5844