Another section of state law not amended by the new recreational marijuana law contains a default penalty — a petty misdemeanor — for any acts that are made illegal but lack specific penalties.

Sponsors and drafters of Minnesota’s new recreational marijuana law say they intended to remove legal penalties for underage people who use or possess small amounts of marijuana. While the law states that such acts are illegal, it removed the penalties for violations.

But their attempt to cancel sanctions for marijuana use by those under age 21 by removing charges and penalties from state law might have failed to complete the task. Another section of state law not amended by the new recreational marijuana law, also known as House File 100, contains a default penalty — a petty misdemeanor — for any acts that are made illegal but lack specific penalties.

“Punishment for prohibited act,” a section of state law (645.241) states: “When the performance of any act is prohibited by a statute, and no penalty for the violation of the same shall be imposed in any statute, the doing of such act shall be a petty misdemeanor.” That law was amended in 2014 to reduce the default penalty from a misdemeanor to a petty misdemeanor, which removed any possible jail time. Petty misdemeanors are also not considered crimes under state law. [Read More @ MINNPOST]