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Controversial Minnesota law to prevent driving under the influence of marijuana

  • Writer: Breathe Free USA
    Breathe Free USA
  • Jan 3
  • 1 min read

In Minnesota, “all cannabis products — including flower, vape pens, wax and edibles — must be in the trunk (or trunk area in the case of SUVs) unless they’re sealed in their original, labeled packaging from a dispensary.”


Many Minnesota residents are unaware of the law and therefore unaware that they are doing anything against the law when cannabis products are not in the trunk of the car or are in unsealed packaging.


Defense lawyers are concerned about the potential for racial profiling and warrantless vehicle searches. “Law enforcement leaders and prosecutors say there’s an obvious public safety rationale for the law: driving under the influence of cannabis or any intoxicating substance is dangerous and they shouldn’t be easily accessible to the driver.”


“In dozens of convictions reviewed by the Reformer, some cases included evidence that the driver had recently consumed, like a burnt roach in the ashtray or a vape pen tucked under the driver’s leg. In those cases, there were often additional charges such as driving under the influence, speeding or driving without a license.


“In many other cases, however, the driver is not even suspected of being under the influence but simply had a jar of marijuana in the passenger area or in the center console.”


Breathe Free USA note: This article is included to show the challenges of enforcing sober driving laws without accurate marijuana impairment tests or approved sobriety testing procedures.


Author: Max Nesterak



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Breathe Free USA is a community organization that educates about the harms of cannabis legalization and normalization to public health & safety.

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