
Dear Colleagues,
Minnesota’s marijuana laws have undergone sweeping changes—and the legal consequences for misapplying them can be severe. In our latest Martine Law Training Update (25-4), we unpack the most pressing and misunderstood issue in current search-and-seizure law:
Does the smell of marijuana alone still give officers probable cause to search a vehicle?
The Minnesota Supreme Court says no — and the Legislature has now codified that ruling into law.
This update dives into:
- The core holding of State v. Torgerson and how it reshapes warrantless vehicle search analysis
- Ten key facts from the 2023 Marijuana Reform Act
- How M.S. 169A.36 makes even trace THC in a vehicle a prosecutable offense—including legal hemp edibles and medical cannabis
Whether you practice criminal law, handle suppression issues, or just want to avoid costly legal missteps, this update is essential reading. Judges, prosecutors, and defense counsel alike must understand where the constitutional lines are drawn and how the marijuana reform laws interact with existing vehicle and drug statutes.
Click here for a print-ready copy of Martine Law Training Update 2025-4
NOTE: This training update is also available on the Minnesota Judicial Training and Education Website. While visiting, you can subscribe to receive notifications of new updates. Please share this training update with colleagues, clerks, or anyone who would benefit from staying current on Minnesota law and litigation strategy.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base approaching 3,500 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the soul of the judiciary.
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Alan,
This is excellent, thank you! What impact does the change in the law have in the DUI context? It is illegal to use/ possess MJ in a motor vehicle but isn’t it also illegal to drive a MV while under the influence of MJ? The popular perception seems to be that one can smoke MJ anywhere and anytime. I don’t believe that to be true, particularly as it relates to motor vehicles. Where it will come up for judges and lawyers is what may the police do once they smell MJ and then observe indicia of intoxication? Am I out to lunch? Have a great weekend.
Dan
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OMG Dan, I am sorry I didn’t respond to your message earlier. I missed it and just recently saw it.
And you are correct. Although the mere possession of marijuana in a motor vehicle is no longer a crime (depending on the amount and how it is packaged) the odor of marijuana coupled with other signs of intoxication can still establih Probable Cause for a DUI arrest.
I’ve been working all month on a 23 page update on prosecutorial misconduct that I hope legal professionals can use for training purposes.
I hope you find it helpful.
Warm regards,
Alan
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