Possessing 1.5 ounces of marijuana and less has been a petty misdemeanor in Minnesota since the 1970s.
The penalty is up to a $300 fee. But that doesn’t mean getting convicted of a low-level marijuana offense is the equivalent of paying off a parking ticket, which is also a petty misdemeanor.
Marijuana convictions in Minnesota stay on people’s records forever. Employers, landlords, and housing authorities can legally use the convictions as a reason to deny someone employment or housing.
“Some places have a zero-tolerance policy for all drug offenses,” said Jon Geffen, a Minneapolis defense attorney who helps people remove marijuana offenses from their legal records. “You find a nice place for you and your two kids and your wife, and then they say, ‘Your wife and kids can move in—you can’t.’ That happens in public housing a fair amount.”
The burden falls harder on Black Minnesotans, who are five times more likely to be arrested for a marijuana offense than white Minnesotans, according to state data.
The Minnesota Legislature appears on the cusp of passing a bill that would legalize recreational marijuana and automatically expunge all marijuana-related petty misdemeanors. But in the meantime, people seeking removal of their marijuana convictions must go through a lengthy and often costly process to get them…
