Welcome to my weekly blog, where I dissect the ever-evolving landscape of criminal law here in Minnesota. As a defense attorney focusing on DWI cases, I see firsthand how quickly new trends and legal precedents can impact the lives of ordinary people. This week, two seemingly unrelated news items caught my eye, and together they paint a vivid picture of the complexities you face when charged with a crime. One involves the booming market for THC-infused beverages, and the other underscores a fundamental principle of our justice system: the government must always play by the rules.
The rise of THC-infused drinks and snacks in Minnesota has been meteoric. Walk into many liquor stores or specialty shops, and you’ll find a colorful array of cannabis seltzers and edibles. They are legal to purchase, widely available, and marketed as a modern alternative for relaxation and socializing. However, this accessibility masks a significant legal peril, particularly for drivers. A potential federal ban on these products, as recently reported by MPR News, highlights the tension between state-level legalization and federal law. While Minnesota has created a regulated market, the federal government may still view these products differently, creating a confusing and uncertain environment for consumers and businesses alike.
This legal ambiguity has profound implications for DWI law. In Minnesota, it is illegal to operate a motor vehicle while under the influence of any substance that impairs your ability to drive safely. This doesn’t just mean alcohol. It includes controlled substances, and yes, it includes THC. The core legal issue isn’t whether the product you consumed was purchased legally, but whether it impaired your driving. Unlike alcohol, which has a clear legal limit (0.08 BAC) and standardized roadside testing, determining THC impairment is far more subjective and scientifically complex. There is no breathalyzer for cannabis, and blood or urine tests can show the presence of THC long after the intoxicating effects have worn off. This means a police officer’s subjective opinion about your driving, your physical appearance, and your performance on field sobriety tests carries immense weight. A driver who enjoyed a legal THC seltzer hours earlier could find themselves arrested and facing the same severe penalties as someone who had too many beers, including license revocation, hefty fines, mandatory Ignition Interlock Device Program (IIDP), and even jail time –yes, even if alcohol is not involved in this offense, you may be required to enter the IIDP to legally drive. Navigating these charges requires a deep understanding of the science behind THC metabolism and the specific legal arguments that can challenge the state’s evidence of impairment.
While the substance of a charge is critical, the procedure of how the state brings that charge is equally important. This brings us to our second topic, inspired by a recent court ruling where cases were dismissed because a prosecutor was found to be unlawfully appointed. At first glance, this might seem like a minor technicality. But in the American legal system, it is anything but. The principle of due process guarantees that every person is entitled to a fair legal proceeding, and a cornerstone of that fairness is that the government officials bringing the case against you—from the arresting officer to the prosecutor—must have the proper legal authority to do so. When a court finds that a prosecutor was not appointed according to the law, it means the entire foundation of the case against the defendant is compromised. The case is dismissed not because of innocence or guilt, but because the government failed to follow its own fundamental rules.
This principle is the bedrock of a robust criminal defense. As your attorney, my job is to scrutinize every single detail of your case. Was the initial traffic stop legally justified? Were you read your rights correctly? Was the testing equipment properly calibrated and maintained? Was every procedural deadline met? Was the prosecutor who signed the complaint properly authorized to hold their office? A single misstep by law enforcement or the prosecution can be the key to having evidence suppressed or getting a case dismissed entirely. It ensures the state is held to the highest standard when it seeks to take away a citizen’s liberty. These procedural safeguards are not loopholes; they are essential protections for everyone.
Whether you are dealing with the new legal questions surrounding THC-impaired driving or a standard alcohol-based DWI, the complexity of the law remains. The legal system is a labyrinth of substantive laws and intricate procedures. Facing it alone is a significant risk. If you find yourself charged with a DWI in Minnesota, you need an advocate who understands both the science of impairment and the critical importance of procedural defense. Contact our office to ensure your rights are protected every step of the way.
Sources:
https://www.mprnews.org/story/2025/11/24/npr-trump-us-attorney-lindsey-halligan
The information presented in this article is not considered legal advice. Please contact our law office to speak to an attorney about your case.