Minnesota Marijuana Lawyer: What to Know About Wax, Oil, or Derivatives


Minnesota has a variety of laws when it comes to marijuana. There are two main components of the law on marijuana in the state of Minnesota and it is that marijuana is either a felony or not a crime. However there is an “unless” to that statement and that is unless it is in a derivative form such as wax or hash oil or it is in a vehicle.

Plant Form Possession

For plant form possession, the law recognizes 42.5 grams or less (about 1.5 ounces or less) as a petty misdemeanor which is actually a civil infraction instead of being a crime. If you are found with an amount over the 42.5 grams, then you are subject to a felony crime.

Marijuana Derivatives

Some users of marijuana enjoy derivatives better due to the higher concentration of THC. The problem is that in a decrim law in the 1970s had a loophole leaving out derivatives so marijuana derivatives are still a felony no matter what the amount. This includes the following:

  • Hashish. This is a concentrated resin ball or cake made from pressed Kief. It is consumed by a number of ways including smoking, vaping, or orally.
  • Hash oil. Hash oil is made by forming a resinous mixture of cannabinoids via solvent extraction.
  • Wax. Making wax consists of using butane to hit the marijuana after it is placed into a long pipe or tube. This is not a safe way of creating a derivative and is sometimes called dab.
  • Kief. This is a powder that is sifted from flowers and leaves of the cannabis plant and can be compressed into a cake form or consumed as a powder.
  • Tincture. Grain alcohol or other high proof spirits are used to extract the cannabinoids from the plant matter of the marijuana plant.
  • Infusions. Infusions are often made to create edibles or to use in other ways like as a skin cream. Some of the solvents used are skin moisturizers, dairy butter, glycerine, and cooking oil.

These hash and concentrates including wax fall under a statue where the Minnesota statute lists Marijuana and Tetrahydrocannabinol separately in Schedule 1 of the Minnesota controlled substances schedule. Tetrahydrocannabinols are defined as any mixture, compound, or preparation that contains the active THC component of the Cannabis plant or its resinous extractives.

There is one derivative that is legal in Minnesota and that is CBD Oil, which is a non psychoactive cannabinoid that does not contain THC. This is why it is not under the same laws as the other derivatives because the person using the CBD does not experience a high since there is no THC in the product. Instead, they get the benefits without the high.

The problem is that with the loophole, having any of these items listed other than CBD Oil, has a greater punishment as opposed to having a little plant based marijuana on your person. Even having just a little is a problem because the law states that any amount is a felony to possess and the sale of any amount is a crime for both derivatives and plant based marijuana.

If you have been charged for a crime related to wax, oil, or any other marijuana derivative, it is important to speak to a lawyer so that you not only know your rights but can try to successfully clear up any misconceptions about your particular crime so that you have the best outcome. Simply contact us and tell us more about your charges so we can help. We will be glad to answer your questions and provide you with an experience attorney who knows the law to your advantage.

Disclaimer: The content of this article does not constitute an attorney-client relationship. Please contact Jennifer Speas to discuss the specifics of your case.