Minnesota law has five levels of drug possession offenses. The lowest drug possession charge in Minnesota is fifth-degree possession, which covers the possession of any amount of controlled substance other than cannabis, as well as the possession or procurement of prescription drugs using fraud or deceit. “Possession” includes possessing drug paraphernalia containing drug residue.
First-time offenders who possess less than 0.05 grams (g) of heroin or 0.25 g or one dose of a substance other than heroin can face gross misdemeanor charges with a sentence of up to one year in jail, up to $1,000 in fines, or both. Repeat offenders or those with more than the threshold amounts face up to five years in prison and up to $10,000 in fines.
Fourth-degree possession happens when someone possesses at least ten dosage units of a hallucinogen or possesses a controlled substance with the intent to sell. Police officers use circumstantial evidence to prove intent, such as:
The punishment for a conviction can include up to 15 years in prison and up to $100,000 in fines.
On the other hand, third-degree possession, second-degree possession, and first-degree possession take aim at distribution-level quantities, including at least the following amounts:
A conviction for these offenses can result in prison sentences of up to 40 years and a fine of up to $1 million. No matter the specific charges you are facing, our team of criminal defense lawyers in the Twin Cities can investigate your circumstances to craft a strong defense tailored to your situation.
Minnesota defines drug possession broadly enough to cover simple possession for personal use to possession with the intent to distribute. Also, keep in mind that the state has only decriminalized possession of cannabis for personal use. Possession of large amounts of cannabis remains illegal.
The penalties vary based on the amount and type of drug possessed. Personal use amounts and residues in drug paraphernalia could result in a sentence of up to a year in jail and up to $1,000 in fines. Large quantities typically associated with sellers, distributors, and traffickers could result in a lengthy prison sentence and hundreds of thousands of dollars in fines.
Our role as your Minneapolis drug crime lawyer is to fight overcharging so that you face the lowest penalty possible.
Minnesota law lists several aggravating factors that allow prosecutors to charge you with second- or first-degree possession, including the following:
Prosecutors must prove these factors beyond a reasonable doubt.
Minnesota uses a controlled substances schedule to classify drugs. Common drugs that can lead to a drug offense include the following:
Cannabis also falls on the schedule, but possession is not a drug crime unless you possess large amounts.
To convict you of drug possession, prosecutors must have evidence that you knowingly possessed a controlled substance. If they charge you with intent to sell, they must also prove your intent.
A drug possession lawyer has many options when you are facing drug crime charges. Prosecutors always have the burden of proving every element of the charge. We can often defend you by identifying any elements that have not been proven.
We can also present evidence of the following defenses:
Entrapment can be an effective defense in certain situations. To raise this defense, you must essentially admit you committed the offense. However, your Minneapolis drug crime lawyer also presents evidence that you had no predisposition to commit the crime before the government induced you to do it.
For example, if an undercover officer talked you into picking up a baggie of drugs that you had no intent to keep, you might have an entrapment defense.
An officer must have a reasonable belief that you committed a crime before searching you. Without probable cause, any search and seizure is illegal, and any evidence uncovered must be thrown out of your case.
If you work for a cannabis dispensary or a pharmacy, you can lawfully possess drugs. Similarly, if you have a prescription for oxycodone, you can possess it. If you get arrested, we can show the documentation proving you were in lawful possession of the substances.
Occasionally, the police make a mistake and charge you for possessing drugs when you had none. Substances sometimes mistaken for drugs include poppy seeds, CBD oil, and hemp.
A drug crimes attorney from our team can listen to your story and tailor a legal defense to fit your unique situation. We can gather exculpatory and mitigating evidence as well to support your defenses. Depending on the facts, we may:
Ultimately, our goal is to help you get an outcome appropriate for your situation, whether that outcome includes dismissal, a plea bargain, or drug treatment.
A drug conviction can have long-term consequences on your life. Don’t wait to protect your future. Contact Eraser Law at 612-422-4950 or complete our online form to learn how we can help you fight your charges today.
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