Tag: minnesota

Minnesota Regulators Launch Effort To Catch Retailers Selling Illegal Marijuana As ‘Hemp’ Flower

It has been an open question—until now—whether registered hemp retailers in Minnesota are selling raw cannabis flower that crosses the line between legal hemp and illegal marijuana.

Marijuana use is legal in Minnesota, but legal sales haven’t started yet outside of tribal reservations. That means a raw cannabis flower purchased in the Twin Cities that recently tested above the legal limit isn’t supposed to be sold in the state.

Because of a gap in the state’s new recreational cannabis law, no state regulators had either the legal authority or the inspectors to sample the flower being sold to check whether it exceeded the federal and state definitions for hemp. That is, is the flower being sold in some stores legal or illegal? Does it contain more than 0.3 percent delta-9 THC, the intoxicating compound in marijuana?

Turns out, it does. The sample purchased from a registered hemp store by a private person tested at levels that are illegal under the law, according to the results from a California-based cannabis testing lab. MinnPost agreed not to name either the raw flower purchaser or the lab but has verified the identities of both.

The lab reported the flower showed a potency of 1.1 percent delta-9 THC, three times the limit under state law. The same sample showed that the bud had total THC content of 29.99 percent. Total THC is a measure of all different types of THC in the flower and 29.99 percent is similar to the types of flower sold in legal recreational marijuana states.

The retail sample tested is actually more potent than a cannabis sample purchased on the illicit market in Minnesota and tested by the same lab. That sample showed 1.38 percent delta-9 THC and 25.36 percent total THC.

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Minnesota Republicans Warn Of ‘Blackouts And Brownouts’ From Marijuana Cultivation’s Energy Use

Two Minnesota Republican state lawmakers are claiming that home cultivation of cannabis as the result of the legalization law enacted by the Democratic legislature and governor last year could lead to a power failure as grow lights put an overwhelming strain on the state’s electrical grid.

“Now, I hope most of you are not familiar with the marijuana grow operation,” Rep. Paul Novotny (R) said at an event last weekend, “but I will tell you that it takes a ton of electricity.”

“Get ready for blackouts and brownouts. That’s what’s going to happen,” added Sen. Eric Lucero (R), who called cultivation under the law “unsustainable.”

As noted by Heartland Signal, which reported on the event, some states that have legalized marijuana, such as Massachusetts and Illinois, have taken steps to regulate energy use. Many, however, have done little to curb power consumption, according to a New Frontier Data report in 2018 that found that cannabis cultivation in the U.S. consumed about as much energy as the country’s Starbucks stores.

In addition to grow lights, indoor cultivation can also require various temperature and humidity controls, which also consume electricity.

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Minnesota Officials Form Interagency Plan To Rein In Sales Of High-THC Marijuana Being Sold As Legal Hemp

Minnesota’s cannabis regulators say they have a plan to fill a gap in state law that could be letting some hemp retailers sell marijuana flower without consequence.

Charlene Briner, the interim director of the new Office of Cannabis Management, said Thursday that she is working with other agencies to provide a temporary method to inspect and test raw cannabis flower to make sure it does not violate current law.

She said the agency will look into using inspectors from the Office of Medical Cannabis and the Department of Agriculture to exercise the Office of Cannabis Management’s authority to stop the sale of cannabis flower that is illegal marijuana masquerading as legal hemp.

“OCM is evaluating how to leverage existing enforcement capacity at the Office of Medical Cannabis to act on OCM’s behalf and how we can develop capacity to test raw cannabis flower,” Briner said.

“We’ll be sharing more about those plans as we put them in place,” she said.

To be legal to sell now, hemp flower must contain only 0.3 percent delta-9 THC or less. Such hemp plants do not have enough THC to be intoxicating when eaten or smoked. But by processing the hemp for edibles and beverages, the THC content can be enhanced to produce an intoxicating effect.

Some hemp retailers and smoke shops have been selling raw cannabis flower that might or might not exceed those legal limits. Hemp inspectors have not acted against such sales—or even to test the flower—because while the Office of Medical Cannabis regulates hemp sales, the law doesn’t give it any authority over unprocessed flower.

The loophole became public late last year when former Office of Medical Cannabis director Chris Tholkes discussed it on the national podcast Weed Wonks. She said her inspectors have seen sales of raw cannabis flower that the stores claim is legal hemp but that the inspectors suspect is not.

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County agrees to $12.2M settlement with man who was jailed for drunken driving, then lost his hands

 A Minnesota county agreed to pay a $12.2 million settlement to a man who was jailed on suspicion of drunken driving but ended up losing both his hands and suffering a heart attack, a stroke and skin lesions all over his body, allegedly due to the inaction of officials in the county jail, attorneys said Wednesday.

Terrance Dwayne Winborn spent about four months in hospitals, including two months on a ventilator, because Scott County jail officials failed during the 39 hours he was incarcerated to ensure he got the prompt treatment he needed, his lawyers said at a news conference.

It’s a case that highlights the vulnerability of prisoners who are dependent on authorities for medical care.

The attorneys said the settlement will cover the more than $2 million in medical bills Winborn has already incurred — a sum which they said the county didn’t cover — as well as the millions he’ll need for ongoing care. The county’s insurance plan will cover the settlement.

“That deliberate indifference allowed a bacterial infection to run rampant within his body, leading to a heart attack … and a host of other devastating and permanent injuries,” attorney Katie Bennett told reporters.

Jason Hiveley, an outside lawyer who handled the case for Scott County, said in a brief statement that the county and its insurer, the Minnesota Counties Intergovernmental Trust, agreed to the settlement in exchange for dismissal of Winborn’s lawsuit and a release from his claims. The statement did not say whether the county still denies any wrongdoing.

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Smell Of Marijuana Alone Does Not Justify Vehicle Search, Minnesota Supreme Court Rules

The Minnesota Supreme Court has ruled that the odor of marijuana, on its own, does not establish probable cause for police officers to search a car.

The ruling came in the case of a 2021 traffic stop in Meeker County where Adam Torgerson was pulled over by Litchfield police for having too many auxiliary lights on his vehicle’s grill. The officer claimed he smelled marijuana coming out of the open vehicle window. Torgerson, who was driving with his wife and a child, denied there was weed in the car.

A second officer approached and said he, too, smelled weed. The officers ordered everyone out of the vehicle and searched it, finding a small amount of methamphetamine and some paraphernalia.

Torgerson was not driving erratically, nor was there any evidence of a crime in open view when the officers approached the car. They based their probable cause finding solely on the marijuana odor.

A district court subsequently ruled that the evidence obtained from the search was inadmissible. Even in 2021, there were certain circumstances in which possession of marijuana was legal. Medical marijuana patients could possess it, for instance, and industrial hemp (which looks and smells a lot like regular marijuana) was also legal. The possession of small quantities of pot had also been decriminalized by that point—still prohibited by statute, but not in itself a crime.

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Minnesota Liberal Politician Who Campaigned to ‘Dismantle the Police Department’ Falls Victim to Carjacking and Assault – Now Calls for Tougher Juvenile Penalties

Shivanthi Sathanandan, a vice chair of the Minnesota DFL Party and a vocal advocate for defunding the police, has found herself on the receiving end of the crime she once believed could be solved through social programs.

Sathanandan, who is of Indian and Sri Lankan descent, was violently carjacked and assaulted in her own driveway in broad daylight, as her young children looked on in horror. Sathanandan, who is now calling for tougher penalties for juvenile offenders, thanked the police officers who responded to her emergency.

In a detailed Facebook post that included a graphic image of her face after the incident, Sathanandan wrote, “You could have been reading the obituary for me and my children today. But instead, I’m here. To write this. Look at my face. These criminals will not win. We need to take back our city. And this will not be the last you hear from me about this.”

The deeply unsettling event occurred at the Minneapolis home of Sathanandan and involved four young men, all armed. Sathanandan suffered a broken leg, lacerations on her head, and extensive bruising. Her children and neighbors were threatened at gunpoint during the incident.

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Minnesota Governor Dismisses Claims That State Constitution Lets People Sell Homegrown Marijuana Without A License Following Legalization

The governor of Minnesota is pushing back against a legal argument that the state Constitution allows people to sell their homegrown marijuana without obtaining a license, stating that it was “not our intention” to authorize that type of commerce under the legalization legislation he signed into law this year.

While adults 21 and older may now possess, cultivate and gift cannabis under the law that took effect at the beginning of the month, retailers (beside those operated by tribes) are not expected to open for at least another year. As the law was being drafted, however, some advocates said that Section 7, Article XIII of the Minnesota Constitution gave farmers another option to begin marijuana sales outside of the licensing scheme.

That section, enacted in 1906 after a farmer was penalized for selling melons out of his wagon, states that “any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license.”

It doesn’t specify what kinds of products may be sold—and now that cannabis is legal, certain advocates are making the case that the policy is applicable to homegrown marijuana. Others want lawmakers to revise the new legalization law so that it explicitly protects the rights of farmers to sell their own cannabis without a license.

Gov. Tim Walz (D), a strong proponent of the state’s legalization law, said during a press conference last week that he and lawmakers didn’t intend to create that alternative commerce pathway, though he didn’t necessarily speak to the merits of the constitutional argument. He said he hasn’t had any “substance conversations” with legislative experts or commerce officials about the possibility.

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Minnesota Indian Tribe Plans To Launch Marijuana ‘Food Truck’ To Expand Business Across The State

A tribe in Minnesota that’s currently operating one the state’s only adult-use marijuana shops says it’s planning to open a mobile dispensary—effectively a cannabis “food truck” that can travel and do business on tribal land throughout the state.

The Red Lake Band of Chippewa Indians, which opened its doors to adult consumers on the day that a legalization law took effect this month, said it’s currently serving about 300 customers per day at its flagship location in Red Lake, with some people driving hours to visit the northern Minnesota town.

Now the Red Lake Nation’s NativeCare retailer wants to expand its operation and bring cannabis to more markets by moving around with the ability to set up shop anywhere on tribal territory.

Tribal Secretary Samuel Strong told Minnesota Public Radio that he’s “very excited to see how the community will respond.”

“Obviously, there’s some more security concerns that would be involved with a food truck, but very similar to that concept,” he said. “You know, setting up shop and being able to serve customers and have the same level of customer service while being mobile and being more available to our consumers.”

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GOP donor Anton Lazzaro sentenced to 21 years for sex trafficking minors in Minnesota

A formerly well-connected GOP donor convicted of giving teenage girls gifts, alcohol and money in exchange for sex was sentenced Wednesday to 21 years in prison on sex trafficking charges.

Anton “Tony” Lazzaro was found guilty in March by a federal jury of seven counts involving “commercial sex acts” with five girls ages 15 and 16 in 2020, when Lazzaro was 30. The charges carried mandatory minimum sentences of 10 years with a maximum of life in prison.

Prosecutors had requested a 30-year sentence for Lazzaro. They likened Lazzaro to financier Jeffrey Epstein, who was arrested in 2019 on federal charges accusing him of paying underage girls for massages and then abusing them at his homes in Florida and New York. The defense asked for no more than 10 years.

“He’s a sex trafficker,” prosecutor Laura Provinzino said. “One who has shown absolutely no remorse. He has accepted no responsibility for his crimes.”

U.S. District Judge Patrick Schiltz came down in the middle and had harsh words for Lazzaro.

He said Lazzaro showed sympathy to only two people during the trial — “to himself and Jeffrey Epstein.” And the judge said he was struck by the “soulless, almost mechanical nature” of how Lazzaro exploited the girls.

“It’s almost as if Mr. Lazzaro set up a sex trafficking assembly line,” Schiltz said.

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Feds Recommend Buying A Map To Avoid Bringing Marijuana Into National Forests In Minnesota Following Legalization

The U.S. Forest Service is reminding people that Minnesota’s new marijuana legalization law enacted this week does not mean people can possess or use cannabis at national forests in the state—so it recommends buying a map to know where you can and can’t indulge.

On Tuesday—the same day that adult-use marijuana legalization took effect in Minnesota—the Forest Service issued an alert, notifying the public that possessing any amount of cannabis “is still prohibited on all National Forest lands and at all National Forest campgrounds and facilities.”

“Forest officials ask visitors to be mindful of National Forest System boundaries and to become familiar with relevant federal and state regulations prior to visiting the Chippewa and/or Superior National Forests,” it says.

The agency, which also sent out a notice last month to remind federal workers that they remain barred from using marijuana even in legal states, said that it’s received questions from visitors about the “legality of marijuana use on public lands” since the Minnesota legislature moved to end prohibition at the state level.

“While recreational cannabis use may be legal in the State of Minnesota, effective August 1, 2023, Chippewa and Superior National Forest officials are reminding visitors that it is illegal on National Forest System lands,” it said.

An FAQ section explains how national forests are federally regulated and, therefore, federal law applies and supersedes the state’s newly implemented policy.

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