Possession of Drug Paraphernalia in Minnesota

 In Law Articles

In Minnesota, possession of drug paraphernalia is not a criminal offense. Rather, such an infraction is classified as a petty misdemeanor. Similar to a typical speeding or parking ticket, a petty misdemeanor is punishable by up to a $300 fine. No jail is possible for a petty misdemeanor violation.

Despite being classified as a non-criminal offense, it is unlawful for any person knowingly or intentionally to use or to possess drug paraphernalia.

Minnesota’s definition of drug paraphernalia includes all equipment, products, and materials of any kind, which are knowingly or intentionally used primarily in:

(1) manufacturing a controlled substance,

(2) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance,

(3) testing the strength, effectiveness, or purity of a controlled substance, or

(4) enhancing the effect of a controlled substance.

If, however, someone has two prior violations for possession drug paraphernalia, a third violation is a misdemeanor criminal offense and the person may be sentenced to up to 90 days in jail and/or a $1,000 fine.

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