Minnesota GOP voices worries about cannabis law in letter to Gov. Tim Walz
MINNEAPOLIS -- Minnesota House Republicans are continuing to call out what they say are gaps, contradictions, and loopholes within HF 100, the law passed this session that legalizes the use of recreational cannabis.
On Monday, Rep. Peggy Scott and other members of the House Republican Caucus penned a letter to Gov. Tim Walz, House Speaker Melissa Hortman and Majority Leader Kari Dziedzic detailing their concerns.
Members of the Republican Caucus say HF 100 incentivizes minors to consume marijuana, reduces penalties for illegal sales of marijuana to minors, enables criminals to exploit minors, lets negligent adults off the hook, and makes it easier to get away with driving while high.
Juvenile crime is top of mind for many Minnesotans
Hennepin County Attorney Mary Moriarty has made waves due to her controversial approach in dealing with juvenile crime. Many argue that Moriarty's tendency to push for more lenient punishments with juvenile offenders may be setting a dangerous precedent.
In Scott's purview, a similar message may be getting sent to young people in the enforcement of HF 100.
"Decriminalizing marijuana for kids results in a peculiar disparity in the state's penalties for underage consumption of marijuana and alcohol, the latter of which is punishable as a misdemeanor or even a gross misdemeanor in some circumstances," said Scott. "The preferential treatment of marijuana products in HF 100 may create a legal incentive for minors to use the drug."
RELATED: From anger to action: St. Paul crime victims work with lawmakers on new juvenile justice concept
Cannabis law enables exploitation of minors
Scott et al., also argue that HF 100 may lead to the increased exploitation of young people.
If a minor sells marijuana products to other minors, the extent of punishment will likely be a petty misdemeanor.
The Republican Caucus argues that this "slap-on-the-wrist" penalty will encourage organized criminals to exploit teenagers and young adults as sellers in the illegal market. They also point out that the penalties for selling marijuana products to minors is far less severe than former penalties under the controlled substance act.
"The previous punishment for the illegal sale of marijuana to a person under 18 years of age was up to 20 years imprisonment and a penalty of up to $250,000," said Scott, "the new penalties for illegal sale, including to a minor, range from up to one to five years of imprisonment and a penalty between $3,000-$10,000, depending on the age disparity between seller and buyer."
Driving impairment
Lastly, the caucus writes that HF 100 makes it easier to get away with driving while high.
"According to new reporting by Peter Callaghan of MinnPost, HF 100 exacerbated a loophole for marijuana-impaired drivers," said Scott, "Attorneys are already advising drivers to, absent a warrant, refuse field sobriety and blood tests that are vital to convicting high drivers given the lack of a breath test equivalent for marijuana."
RELATED: Driving While High: Could Minnesota Get Burned By Recreational Marijuana?
The absence of a full-proof roadside sobriety test for marijuana has long been a part of the legalization conversation. While there is movement in the development for a quicker and convenient sobriety test, and enhanced training for officers to spot signs of impairment, there is not a concrete, reliable piece of technology that can detect marijuana use.
The letter ends with a plea to Walz saying, "We believe in rehabilitation, treatment, and second chances, but HF 100 provides no serious penalties of last resort for illegal possession, consumption, or sale by a minor."
RELATED: Law enforcement on alert for impaired drivers as marijuana becomes legal, plan to boost drug experts
At this time, Walz, Hortman, and Dziedzic have not responded to the GOP letter.