We don’t write about criminal cases often, but a recent decision from the Minnesota Court of Appeals caught my eye because of its potential impact on the people of Minnesota and businesses engaged in processing, manufacturing, possession, or selling of Hemp/CBD in Minnesota. This ruling affects manufacturers, processors, sellers, distributors, and consumers of any liquid form of Hemp/CBD.
Let me explain. State troopers executed an arrest warrant at a home in Brainerd, Minnesota. The officers found the defendant at the home and observed cannabis smoking paraphernalia (a pipe, rolling papers, a grinder, and a torch lighter) and a plastic tote box. The officers then obtained a search warrant and found three pounds of a “leafy plant material” and 89 vaporizer cartridges containing an “amber-colored liquid.”
The defendant was tried and convicted of a possession of a controlled substance, namely marijuana, and other offenses not relevant here.
The defendant appealed the marijuana convictions. Among his arguments were that the State failed to prove beyond a reasonable doubt that the substances he possessed had a delta-9 THC concentration that was greater than 0.3 percent on a dry weight basis. Defendant relied on a recent amendment to the Minnesota statute defining marijuana to