Facing drug possession charges can be a confusing and frightening ordeal. It’s confusing because the nature, degrees, and penalties for these serious criminal offenses not only vary from state to state but differ based on the type and amount of drugs at issue. And it is a frightening proposition, because the consequences of a conviction for drug possession can be life-changing, costing you hundreds of thousands of dollars, leaving you with a criminal record that will haunt you for years, threatening your immigration status, and possibly putting you behind bars for a long time.
The Degrees of Drug Possession Charges in Minnesota
In Minnesota, drug possession charges are more straightforward than they are in many other states, but that does not mean they are any less severe. Minnesota law categorizes drug possession offenses into five distinct degrees based on the type and weight of the illegal substances found. Different weight thresholds apply to each kind of drug, with those thresholds determining which degree of charge will apply.
Each degree of charge comes with its own set of potential penalties, with the harshest applying to a conviction for 1st degree drug possession. The specific sentence imposed depends not only on the nature and amount of drugs involved but also on the defendant’s existing criminal record and whether a firearm was involved.
1st Degree Drug Possession in Minnesota
The most serious category of drug possession charges, 1st degree drug possession typically involves larger amounts of controlled substances. You will likely face 1st degree charges if you are in possession of the following:
- Cocaine or methamphetamines: 50 grams or more (25 grams or more if in possession of a firearm or if other aggravating factors are present)
- Heroin or fentanyl: 25 grams or more
- Marijuana: 50 kilograms or more of cannabis flower, or 10 kilograms or more of cannabis concentrate
- Amphetamines, PCP, or hallucinogens: 500 grams or more (or packaged into 500 or more dosage units)
- Narcotics other than cocaine, heroin, fentanyl, or methamphetamine: 500 or more grams
A conviction for 1st degree drug possession in Minnesota can result in a prison sentence of up to 30 years and/or over $1 million in fines.
2nd Degree Drug Possession in Minnesota
Prosecutors will likely charge you with 2nd degree drug possession if you were arrested with any of the following:
- Cocaine or methamphetamines: 25 grams or more (10 grams or more if in possession of a firearm or if other aggravating factors are present)
- Heroin or fentanyl: 6 grams or more
- Marijuana: 25 kilograms or more of cannabis flower, or 5 kilograms or more of cannabis concentrate
- Amphetamines, PCP, or hallucinogens (e.g., LSD): 50 grams or more (or packaged into 100 or more dosage units)
- Narcotics other than cocaine, heroin, fentanyl, or methamphetamine: 50 or more grams
A conviction for 2nd degree possession is punishable by up to 25 years in prison and/or a $500,000 fine.
3rd Degree Drug Possession in Minnesota
3rd degree drug possession in Minnesota involves:
- Cocaine or methamphetamines: 25 grams or more (10 grams or more if in possession of a firearm or if other aggravating factors are present)
- Heroin: 3 grams or more
- Fentanyl: 5 grams or more
- Any narcotic drug packed in dosage units equaling 50 or more;
- Any amount of a Schedule I or II drug, or five doses of LSD, in a school zone, park, public housing zone, or drug treatment facility
- Any amount of meth or amphetamine in a school zone, park, public housing zone, or drug treatment facility
- Marijuana: 10 kilograms or more of cannabis flower, or 2 kilograms or more of cannabis concentrate
Upon conviction, the penalty for 3rd degree drug possession can include up to 20 years in prison and/or fines of up to $250,000.
4th Degree Drug Possession in Minnesota
You will likely face 4th degree drug possession charges for having the following:
- One or more mixtures containing phencyclidine or hallucinogen, packaged in dosage units, and equaling ten or more dosage units
- One or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols, with the intent to sell it
Penalties for 4th degree possession include imprisonment for up to 15 years and /or a fine of up to $100,000,
5th Degree Drug Possession in Minnesota
A charge of drug possession in the 5th degree applies to the following:
- Possessing one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products or a residual amount of one or more mixtures of controlled substances contained in drug paraphernalia
- Procuring, attempting to procure, possessing, or having control over a controlled substance by any of the following means:
- fraud, deceit, misrepresentation, or subterfuge;
- using a false name or giving false credit; or
- falsely assuming the title of, or falsely representing any person to be a healthcare provider or other authorized person for the purpose of obtaining a controlled substance.
Penalties upon conviction for 5th degree drug possession include up to five years in prison and/or fines of up to $10,000.
Understanding Your Rights When Facing a Drug Charge in Minnesota
A successful defense against drug charges requires challenging prosecutors at every turn. From the moment you come into contact with police officers, your rights are at issue. Any violation of those rights, from an improper traffic stop to an illegal search to wrongfully obtained evidence, can be a basis for having evidence excluded or charges dismissed. Additionally, prosecutors must prove every element of a drug possession charge beyond a reasonable doubt, including that the defendant was actually in possession of the illegal substance and that the substance was, in fact, illegal.
At F. Clayton Tyler Law, we take a thorough and meticulous approach to drug possession charges, reviewing the circumstances of your arrest, pursuing exculpatory evidence, and attacking the veracity and credibility of the prosecution’s witnesses.
We will fight charges relentlessly when warranted but will also work to negotiate the most favorable plea arrangements possible when that offers a better likelihood of a favorable outcome. For less serious drug charges, this can include diversion to drug court, where probation accompanied by regular drug testing, education, and treatment may be granted in lieu of prison time.
Don’t Fight a Drug Charge Alone
Given the severe, lifelong consequences of a conviction for drug possession in Minnesota, contacting an experienced drug crimes defense attorney as soon as possible after your arrest is the most critical thing you can do to protect your rights and your future.
Our firm has amassed an impressive record of favorable results for individuals facing drug possession charges and we stand ready to fight for you. If you would like to discuss your situation and explore your options, please contact us today to arrange for your free, confidential initial consultation.