Motor Vehicle Marijuana Possesion in Minnesoata

[FriendlyPerson]

My question involves criminal law for the state of: Minnesota Stearns County.

I was driving my girlfriends car and we were pulled over for doing 40 in a 30 mph zone. The officer immediately said that he smelled marijuana in the vehicle and asked if we had been smoking. We had not been smoking and I told him this. I look like an obvious marijuana user, long hair, beard, colorful clothing. Officer said that he wasn't stupid and would make sure that we both ended up in jail if we didn't cooperate. He then said that he would just search the car and find it anyway. My girlfriend in the passenger seat informed him that she did not give consent for him to search the vehicle. He said that he would just call the k9 and make sure that we spent the night in jail. He told me to hand over the marijuana. I asked him what would happen if there was marijuana in the car and I did hand it over. He said,"If it is a small amount then you will just get a possession of a small amount ticket and be on your way." I had received a possession of a small amount ticket about a month earlier and it was only a petty misdemeanor and a $75 fine. I then said "The marijuana in this vehicle does not belong to me, and we were not smoking, but because I am the one who was pulled over for speeding, I will be a gentleman and take responsibility for the ticket." I then handed over my girlfriends 4 grams of marijuana that was being kept in a jar in the center console. I was then told to exit the vehicle and was patted down by the officer. The officer put his hands in my pockets, i told him that he cannot do that and I do not give him consent. He said that he felt something that felt like a weapon, I only had some candy wrappers in my pocket. He stopped searching my pockets after my initial complaint. I was then put in the back of his police car while he questioned my girlfriend. He then locked her in the back of the police car as well and proceeded to search the vehicle but found nothing.

After taking down more of our information we were told to get back into my girlfriends car. He then gave me a ticket for possession of marijuana in a motor vehicle. I said "Wait, this is a criminal offense. I thought I would be receiving a ticket for possession of small amount." To which the officer replied, "Riiiiiiight... well the states that because you are the driver, it is motor vehicle possession."

I feel that I was coerced into claiming responsibility for the Marijuana. The officer told me I would receive a possession of small amount ticket if I cooperated. The marijuana did not belong to me and my girlfriend would have gladly taken responsibility for it if we had known that it made a difference. I told him that It was not mine but he allowed me to take responsibility as an act of chivalry after he had informed me that i would not receive a criminal charge. He then proceeded to give me a criminal charge.

My girlfriend says that she is willing to testify that Marijuana belonged to her. I have no idea how this would work. Do I plead not guilty and then call her as a witness? Would she then receive a possession of small amount ticket?

I read on a legal website that the law sates, "The person is guilty if they are the owner of the vehicle or they are the driver of the vehicle and the owner is not present." I only found it worded this way in one place however. Is this true? I was driving the vehicle but the owner was present. I was driving her car, she was present. If she takes responsibility will she get a motor vehicle possession ticket because she is the owner of the vehicle?

I am a college graduate and I work in Mental Health Group Homes. This charge will likely result in the loss of my job and much difficulty applying for any other jobs. I would be more than happy to take the charge if I could get it reduced to the charge the officer had told me I would receive. I already have a small amount ticket on my record so I fear that they will not me merciful. What advice can you give me? I am lost and desperate for help.

[Disagreeable]

You assumed responsibility for the possession. We're done here.

[PTPD22]

The officer kept his word. He told you that you that he would not take you to jail if you cooperated. He then gave you a citation and let you go. It just wasn’t the citation you had assumed you would get. That is not being “coerced into claiming responsibility.”

You do not say what “legal website” you got your information from. But, if it is not a Minnesota State website of the legal statutes, I would not advise trusting the exact wording. Find the specific statute that you were cited for and see what THAT says about drivers/owners of vehicles possessing marijuana.

As far as the impact such a charge will have on your employment…well, the time for worrying about that was BEFORE you chose to possess/consume illegal substances and associate with others who do. The court is unlikely to have much sympathy regarding impact to your employment. Especially since you already have a prior history.

[FriendlyPerson]

Thank you for the quick response.

You didn't answer my question about my passenger testifying. She is willing to claim responsibility for the marijuana. How would we do this? What would happen to her?