Welcome back to our weekly blog. As your dedicated Minnesota criminal defense attorney, I believe that knowledge is power –especially when it comes to protecting your rights. The legal world is never static; it’s constantly evolving with new regulations, court decisions, and policy shifts. This week, I want to discuss two significant developments that might seem unrelated at first glance but have profound implications for every driver in our state: the federal government’s move to reschedule marijuana and a recent conflict between Minnesota’s DVS and federal ICE agents over illegal license plate swapping. Both highlight critical aspects of DWI law and the importance of a valid defense.
First, let’s unpack the major news regarding marijuana. The federal government has initiated the process of reclassifying cannabis from a Schedule I substance, alongside drugs like heroin, to a less restrictive category. This is a monumental shift in federal drug policy, acknowledging the medical uses and lower potential for abuse compared to other substances. For many, this sounds like a final victory for legalization. However, it’s crucial to understand what this change does—and does not—mean for you here in Minnesota, especially behind the wheel.
While Minnesota has legalized recreational cannabis for adults, this federal rescheduling does not create a free-for-all. The most critical point to remember is this: driving while impaired by any substance, including cannabis, remains illegal. A DWI charge in Minnesota isn’t limited to alcohol. Law enforcement can and will arrest you for driving under the influence of a controlled substance if they have reason to believe your ability to operate a vehicle is impaired. The challenge with cannabis DWI is the lack of a clear-cut, scientific standard for impairment like the .08 blood alcohol concentration (BAC) for alcohol. Prosecutors often rely on a combination of field sobriety tests, officer observations, and blood or urine tests that can detect THC metabolites long after the psychoactive effects have worn off. The federal rescheduling may create more legal complexities and arguments in court, but it does not give anyone a license to drive high. An experienced DWI attorney is essential to challenge the subjective evidence often used in these cases.
Now, let’s shift gears to a different but equally important issue: the integrity of a traffic stop. A recent report highlighted that Minnesota’s Driver and Vehicle Services (DVS) has warned federal Immigration and Customs Enforcement (ICE) agents that they are violating state law by using incorrect or switched license plates on their vehicles. This isn’t just an administrative dispute; it strikes at the heart of your constitutional rights.
For any traffic stop to be legal, an officer must have a reasonable, articulable suspicion that a crime or traffic violation has occurred. This is the bedrock principle that prevents law enforcement from pulling over citizens at random. A vehicle’s license plate is a common basis for a stop—perhaps it’s expired, doesn’t match the vehicle registration, or is linked to a warrant. But what happens when the plates themselves are being used improperly by law enforcement? If an officer—state or federal—is operating a vehicle with illegal plates, it undermines the very system they are supposed to enforce. More importantly, if you are pulled over based on information derived from such a vehicle, the legality of that stop is immediately called into question. Any evidence gathered as a result of an unconstitutional stop, including evidence for a DWI, can be suppressed under what is known as the exclusionary rule. This means it cannot be used against you in court, often leading to a dismissal of the charges. This situation with ICE is a stark reminder that all law enforcement must follow the law, and when they don’t, it can be a powerful tool for your defense.
Both of these developments underscore a fundamental truth: the law is complex, and your rights are not always self-enforcing. Whether you’re facing a DWI charge based on questionable evidence of cannabis impairment or were pulled over in a stop of dubious legality, you need an advocate who understands the nuances of the law. If you find yourself in such a situation, don’t hesitate. Contact my office immediately to ensure your rights are protected.
Sources:
https://www.mprnews.org/story/2025/12/26/npr-marijuana-reclassified-trump-executive-order
The information presented in this article is not considered legal advice. Please contact our law office to speak to an attorney about your case.