In order for a person to be charged with the crime of conspiracy to sell marijuana in Minnesota, the state must be able to establish probable cause to believe that there was (1) an agreement between two or more people to sell marijuana to a third person; and (2) an overt act in furtherance of the conspiracy.

Let’s say for example Mr. Jones is a drug dealer who receives a call from Mr. Smith who wants to purchase an ounce of marijuana. Smith plans to sell the marijuana to a third person who has arrived at his home but just happens to be a confidential informant. Mr. Jones drives to Smith’s house to deliver the ounce and waits in his car. Smith exits his home and walks up to the side of the car where he takes delivery of the ounce. Jones waits in his car while Smith reenters his home. Once inside, Smith sells the marijuana to the confidential informant and receives payment in marked money. Smith exits his home, walks up to the car, and delivers payment of the marked money to Jones. The two outside encounters between Smith and Jones have been observed by a police officer conducting surveillance. Jones is subsequently charged in Minnesota with conspiring with Smith to sell marijuana to the confidential informant.

Can the state prove beyond a reasonable doubt that Jones conspired with Smith to sell an ounce of marijuana to the confidential informant? The answer is no. The evidence only proves that Jones sold marijuana to Smith. There is no evidence that Smith was aware that the confidential informant was inside the home. As a consequence, the state can not prove that Jones entered into an agreement with Smith to sell marijuana to the confidential informant.

If you have been charged with conspiracy to sell marijuana, you are facing a serious felony level offense and possible incarceration. What should you do now? Call narcotics defense attorney Robert J. Shane NOW for a free phone consultation at (612) 339-1024. Mr. Shane has a winning record and over 30 years of criminal defense experience to bolster your defense.