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In Minnesota, marijuana wax is considered marijuana, and its possession, sale, and manufacture are illegal.

Possession of marijuana wax carries harsher penalties than possession of traditional marijuana leaves. Possession of under 42.5 grams of marijuana is a petty misdemeanor, whereas possessing just .25 grams of wax is a felony.

Possessing marijuana wax in any amount qualifies you for felony charges in Minnesota. 

You will also face felony charges if you distribute or sell wax (also known as “dabs”), THC oil, or other alternative forms of marijuana. If you are convicted, you will face substantial penalties that can seriously affect your life.

Fortunately, a Minnesota drug possession lawyer can help you by building a strong case for your defense.

What Are the Penalties for Wax Possession?

Any offense involving the possession of marijuana in resin or hash oil form – including wax – can result in felony charges. Although possessing the plant form of marijuana in small quantities carries only petty misdemeanor charges, even the smallest amount of wax can send you to prison for years.

The level of felony charges you face for possessing wax will depend on the quantity in question, your prior criminal history, and the circumstances of your arrest. 

Even the least of the potential felony charges carries the threat of five years in prison and fines up to $10,000. For larger quantities, you could face up to 30 years behind bars and as much as $1,000,000 in fines. If you have prior convictions on your record, you can expect to face the maximum penalties.

What Are the Penalties for Distributing Wax?

Selling or distributing wax and other non-plant forms of marijuana carries even harsher penalties, especially when larger quantities are involved. The maximum penalty could lead to 35 years in prison and a fine of $1,250,000

Any quantity sold to a minor or distributed in a school zone can lead to 15 to 20 years in prison and fines that range up to $250,000.

Costs & Consequences of a Wax-Related Crime

Upon conviction for a wax-related felony, you also face a variety of consequences in addition to fines and potential prison time. You will have a permanent criminal record, which can prevent you from getting a job, getting into a good school, holding a professional license, and more.

You could lose your driver’s license, and in some cases, the state could even seize your property and assets, depending on the circumstances of your case.

How Does Medical Marijuana Affect Wax?

If you are medically qualified for marijuana use, you can legally possess small quantities of wax. To avoid facing misdemeanor or felony wax charges, you must be duly enrolled and in compliance with the applicable medical marijuana regulations.

Potential Defenses Against Wax Charges

Fortunately, drug crimes lawyers have many options when building a defense to felony wax charges. For example, an illegal search and seizure can render evidence inadmissible in court. Likewise, if the police fail to properly handle the evidence, it may also become inadmissible.

Another effective defense strategy involves the location in which the police found the wax. If you did not have physical control of the substance, your lawyer can potentially make the case that the wax wasn’t yours.

If the police violated your legal rights at any time during your arrest or processing, you may also have grounds for getting your charges reduced or dismissed.  

When Should You Call a Drug Crimes Lawyer?

Being arrested for any drug-related crime is a serious situation. Before you make any statements or agree to any plea deal, talk to a Minnesota marijuana crimes lawyer. At Arechigo & Stokka, our criminal defense attorneys understand the seriousness of your situation.

That’s why we offer a free consultation, so you can understand the charges pending against you and your potential options. Call us now for help.

Author Photo John T. Arechigo, Esq.

Attorney John Arechigo has a passion for criminal defense in St. Paul, MN. John received his J.D., from Hamline University School of Law and also carries a Bachelor of Arts from, The University of Minnesota. John was named Attorney of the Year for 2019 by Minnesota Lawyer. Additionally, John was also named as a 2019 Rising Star and was selected to Minnesota Super Lawyers in 2021. He devotes nearly 100% of his practice to defending individuals charged with a crime.

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