Skip to content
  • GET LEGAL HELP TODAY   |
  • (612) 255-3820
  • Home
  • About
    • Derek Archambault
  • Practice Areas
    • Assault
    • Controlled Substance Crimes
    • Criminal Defense
    • Driving While Impaired (DWI)
    • Expungement
    • Harassment
    • Probation Violations
    • Sex Crimes
    • Theft and Property Crimes
    • Weapon Offenses
  • Blog
  • FAQs
  • Case Results
  • Free Consultation
  • Home
  • About
    • Derek Archambault
  • Practice Areas
    • Assault
    • Controlled Substance Crimes
    • Criminal Defense
    • Driving While Impaired (DWI)
    • Expungement
    • Harassment
    • Probation Violations
    • Sex Crimes
    • Theft and Property Crimes
    • Weapon Offenses
  • Blog
  • FAQs
  • Case Results
  • Free Consultation
FREE CONSULTATION
  • 31
  • Mar

Minnesota Supreme Court Say Hemp is Not Marijuana

  • Court Rulings

Last week the Minnesota Supreme Court issued another interesting decision that has the potential to have a major impact on criminal law in Minnesota.  In State v. Loveless, a man was charged with possession of a felony amount of marijuana.  The Supreme Court held that the government must prove that plant material believed to be marijuana is in fact marijuana and not hemp before a person can be convicted of marijuana possession.  On its face, this is nothing new – the state has always had to prove that suspected drugs were in fact drugs before getting a conviction.  However, a statute changed in 2019 added an interesting twist to this case.

In 2019, the legislature legalized possession of hemp.  Both hemp and marijuana are derived from the same plant, and in most respects are identical substances.  The difference lies in the amount of delta-9 tetrahydrocannabinol contained in each.  If the plant contains more than .3 percent, on a dry weight basis, of delta-9 THC, then it is illegal (for now, anyhow) marijuana.  Less than that, and it’s legal hemp.  The critical point here is that the two are indistinguishable without chemical analysis of the delta-9 THC content of each. 

The Court held that the convictions must be overturned because the State failed to present evidence that the suspected marijuana contained THC in excess of the legal threshold of .3.  That’s not an altogether surprising outcome given the facts of this case, but it does open the door for some interesting questions.  If the only difference between marijuana and hemp is the precise chemical composition of each, then a police officer on the street is obviously not able to differentiate between the two.  Before 2019, when hemp was legalized, this distinction wasn’t important.  But today it is.  Can an officer legally seize suspected marijuana when he or she has no way to know whether the substance is actually marijuana or hemp?  Can an officer search a person’s car based an odor which may be marijuana but could also be perfectly legal hemp?   These sorts of questions might seem trivial, but they are the sorts of issues that major cases can turn on.  And they’re exactly the sort of issue that a skilled criminal defense attorney can use to help achieve a great outcome for their clients.

PrevPrevious Article
Next ArticleNext

Let’s Talk

Please enable JavaScript in your browser to complete this form.
Name *
Checkboxes *

Please review our Privacy Policy

Loading

Start Your Defense

No obligation, no pressure, and no annoying follow up calls. For a free legal consultation, fill out the form or text/call anytime.
  • New Clients: (612) 255-3820
  • Existing Clients: (612) 488-5455

Schedule A Consultation Today!

Please enable JavaScript in your browser to complete this form.
Checkboxes *

Please review our Privacy Policy

Loading
About Me

I never expected to be called to work in criminal defense.  For many years I found work as a prosecutor fulfilling.  But over time that changed.  Rather than making a difference, I was a cog in the machine.  Cases stopped feeling like people and became names on paper.   And I realized that often the true difference makers in the system are the defense attorneys.

I founded Archambault Criminal Defense because I want to use my skills to help people.  Because I want my cases to be about people and not just names on paper.  Because I know I have unique expertise and experience that can truly help people move forward and get on with their lives.

Learn more
  • Practice Areas
  • Contact
  • FAQs
  • Privacy Policy & Disclaimer
  • Practice Areas
  • Contact
  • FAQs
  • Privacy Policy & Disclaimer

contact

  • New Clients:
    (612) 255-3820
  • Existing Clients:
    (612) 488-5455
  • [email protected]
400 S 4th St 3rd Floor, Minneapolis, MN 55415

Also Serving St. Louis Park MN.

FREE CONSULTATION
  • Criminal Defense Lawyer Minneapolis MN
  • Criminal Defense Lawyer St. Louis Park, MN
  • DWI Lawyer Minneapolis MN
  • Drug Crime Lawyer Minneapolis MN
  • Felony Lawyer Minneapolis MN
  • Misdemeanor Lawyer Minneapolis MN
  • Domestic Assault Lawyer Minneapolis MN
  • Probation Violation Lawyer Minneapolis MN
  • Expungement Lawyer Minneapolis MN
  • Shoplifting Lawyer Minneapolis MN
  • Criminal Defense Lawyer Bloomington MN
  • Drug Crime Lawyer Bloomington MN
  • Drug Crime Possession Lawyer Bloomington, MN
  • DWI Lawyer Bloomington, MN
  • Theft Lawyer Bloomington MN
  • Criminal Defense Lawyer Minneapolis MN
  • Criminal Defense Lawyer St. Louis Park, MN
  • DWI Lawyer Minneapolis MN
  • Drug Crime Lawyer Minneapolis MN
  • Felony Lawyer Minneapolis MN
  • Misdemeanor Lawyer Minneapolis MN
  • Domestic Assault Lawyer Minneapolis MN
  • Probation Violation Lawyer Minneapolis MN
  • Expungement Lawyer Minneapolis MN
  • Shoplifting Lawyer Minneapolis MN
  • Criminal Defense Lawyer Bloomington MN
  • Drug Crime Lawyer Bloomington MN
  • Drug Crime Possession Lawyer Bloomington, MN
  • DWI Lawyer Bloomington, MN
  • Theft Lawyer Bloomington MN

The information contained in this website is not legal advice, but is provided for general informational purposes only.  Users should not act or fail to act in reliance on the information in this website without first consulting with a qualified attorney.  Viewing this website, acting upon information contained in this website, or contacting Archambault Criminal Defense does not create an attorney-client relationship.  Any attorney-client relationship is formed only by express written agreement.

© 2025 Archambault Criminal Defense | Sitemap | Terms and Conditions