Mike Bryant, managing partner of Bradshaw & Bryant discussed the legislative changes taking effect July 1, 2011, in his blog:What are the New Minnesota Laws Going into Affect Tomorrow? posted June 30, 2011.
One of the changes in the public safety arena includes banning and criminalizing the sale or possession of synthetic cannabinoids, and adding synthetic cannabinoids, 2C-E, and 2C-I to the list of Schedule I controlled substances. The law incorporates a provision making it illegal for a person to drive under the influence of a synthetic cannabinoid as a driving while impaired crime, among other additions.
One of the rationales for the passage of this law surrounded the serious health problems associated with the product such as seizures. This issue is especially significant in Minnesota after a young man from Coon Rapids overdosed and died after taking the synthetic drug 2C-E or Europa. Not too far from the Minnesota border, a man in St. Croix County, Wisconsin was arrested for driving while impaired after reportedly snorting bath salts.
Minnesota’s new law states that “(b) [a] person who unlawfully sells any amount of a synthetic cannabinoid is guilty of a gross misdemeanor. (c) A person who unlawfully possesses any amount of a cannabinoid is guilty of a misdemeanor.”
In one of my previous postings entitled It’s Just a Little Pot in my Motor Vehicle: What’s The Big Deal?, I wrote about how a conviction for having marijuana in a motor vehicle will bar you from possessing any pistol, semiautomatic military-style assault weapon or any other firearm for at least three years. Possessing a small amount of marijuana is a drug crime in which the penalty is a petty misdemeanor. However, possessing marijuana in a motor vehicle is a misdemeanor which places this crime within the confines of “Certain persons not to possess firearms.”
Similar to possessing a small amount of marijuana in a motor vehicle, selling or possessing any amount of synthetic cannabinoid is classified as a drug crime. The penalties for possessing or selling consist of a misdemeanor or gross misdemeanor, which identifies this crime within the statute of “Certain persons not to possess firearms.”
It is important when you are charged with a crime in Minnesota that you get advice from an experienced attorney. The sooner you talk to an attorney, the better your chances that all of your options can be explored. At Bradshaw & Bryant, we have been helping people with all levels of charges from DUI and drug charges to physical assaults and homicides. We have put the time in to court to make a difference for you.
