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Drug Possession

St. Paul Drug Possession Lawyer

Defending Clients Facing Drug Possession Charges in Dakota County and Washington County

Minnesota takes drug possession crimes seriously. Although some of these offenses may be charged as gross or petty misdemeanors, many are felonies. A conviction can be penalized by decades in prison and tens of thousands to a million dollars in fines. Lengthy incarceration sentences and steep fines can ruin a person's relationships, finances, and current and future employment opportunities. 

The arrest, charge, and conviction information are accessible to the public, which can hurt an individual's reputation. You need aggressive representation to fight the charge if you've been accused of drug possession. Seeking a just result in your case could help you minimize or avoid the harsh consequences of this type of offense.

At Rogosheske, Rogosheske & Atkins, PLLC, our St. Paul drug possession lawyers are here to listen to your side of the story and discuss your legal options. Throughout our 80+ years of combined experience, we have handled tens of thousands of cases, including hundreds of jury trials. 

We know the courts and the processes of the judicial system, and we can effectively guide you through your case. Our attorneys will stand by your side from start to finish, providing sound legal advice and helping you make informed decisions. When you hire us, you'll get our cell phone numbers, allowing you to contact us anytime to discuss your case.

Facing drug possession charges in Minnesota? Call Rogosheske, Rogosheske & Atkins, PLLC today at (651) 413-9004 or contact us online to schedule a meeting with our drug possession attorney in St. Paul!

What are the Penalties for Drug Possession in Minnesota?

If you have a drug or drugs in your dominion or control, you could be charged with a drug possession offense. Minnesota categorizes these types of crimes into 5 degrees, which determine the penalties you could face.

The degrees and penalties for drug possession crimes include:

1st Degree Drug Possession in MN

First-degree, which is levied when a person has one or more mixtures containing:

  • 50 grams or more of cocaine or methamphetamine
  • 25 grams or more of cocaine or methamphetamine, and:
    • Two aggravating factors are involved in the offense; or
    • A firearm was present at the time of the offense
  • 25 grams or more of heroin
  • 500 grams or more of a narcotic drug other than heroin, cocaine, or methamphetamine
  • 500 grams or more or 500 or more dosage units of amphetamine, phencyclidine, or hallucinogen
  • 50 kilograms or more of marijuana or THC or 500 or more marijuana plants

First-degree drug possession offenses are considered the most serious and may result in up to 30 years imprisonment and/or a fine of up to $1,000,000. If the defendant has a previous drug crime conviction, the imprisonment term increases to 40 years.

2nd Degree Drug Possession in MN

Second-degree drug possession charges are triggered when a person has on or more mixtures containing:

  • 25 grams or more of cocaine or methamphetamine
  • 10 grams or more of cocaine or methamphetamine, and:
    • A firearm was present at the time of the offense; or
    • Three aggravating factors were present
  • 6 grams or more of heroin
  • 50 grams or more of any other narcotic drug that's not heroin, cocaine, or methamphetamine
  • 50 grams or more or 100 or more dosage units of amphetamine, phencyclidine, or hallucinogen
  • 25 kilograms or more of marijuana or THC or 100 or more marijuana plants

If a person is convicted of a second-degree drug possession crime, they could be sentenced to up to 25 years in prison and/or fined up to $500,000. A second or subsequent conviction results in a prison term of up to 40 years.

3rd Degree Drug Possession in MN

Third-degree drug possession is charged when, within a 90-day period, a person has one or more mixtures containing:

  • 10 grams or more of a narcotic drug that's not heroin
  • 3 grams or more of heroin
  • 50 or more dosage units of a narcotic drug
  • Any amount of a Schedule I or II narcotic drug, 5 or more dosage units of LSD, or methamphetamine or amphetamine, and they have it in a school zone, park zone, public housing zone, or drug treatment facility
  • 10 kilograms or more of marijuana or THC

A conviction could lead to a prison sentence of up to 20 years and/or a fine of up to $250,000.

4th Degree Drug Possession in MN

Fourth-degree drug possession is charged when a person has one or more mixtures containing:

  • Phencyclidine or hallucinogen, or 10 or more dosage units of the substances
  • Schedule I, II, or III controlled substances (marijuana excluded), which they intend to sell

If the individual is convicted, they could be sentenced to a maximum term of imprisonment of 15 years and/or a fine of up to $100,000

5th Degree Drug Possession in MN

Fifth-degree controlled substance possession occurs when a person:

  • Has one or more mixtures of a substance containing a Schedule I, II, III, or IV drug (marijuana excluded), which is a gross misdemeanor punishable by up to 1 year in jail and/or a fine of up to $3,000
  • Comes into control of a drug by fraud or deceit, which is a felony that may result in up to 5 years in prison and/or a fine of up to $10,000

Understanding Your Legal Options for Drug Possession Charges

Being charged with drug possession can be a daunting and stressful experience. It's important to understand your legal rights and options when facing these charges. Our experienced drug possession lawyers at Rogosheske, Rogosheske & Atkins, PLLC are dedicated to defending clients in South Saint Paul, MN and the surrounding areas.

When you choose our law firm, you can expect:

  • Thorough review of your case and charges
  • Explanation of potential penalties and consequences
  • Development of a strategic defense plan tailored to your specific situation
  • Aggressive representation in and out of the courtroom
  • Compassionate support and guidance throughout the legal process

Don't face drug possession charges alone. Contact our skilled legal team today to schedule a free consultation and discuss your case.

Commonly Asked Questions

What are the penalties for drug possession in South Saint Paul, MN?

The penalties for drug possession in South Saint Paul, MN vary depending on the degree of the offense. First-degree drug possession can result in up to 30 years imprisonment and/or a fine of up to $1,000,000, while fifth-degree possession can lead to up to 1 year in jail and/or a fine of up to $3,000.

What are the different degrees of drug possession in Minnesota?

In Minnesota, drug possession offenses are categorized into five degrees, each with different criteria and penalties. The degrees range from first-degree, which is the most serious, to fifth-degree, which is the least serious.

What aggravating factors can lead to more severe drug possession charges?

Aggravating factors such as the presence of a firearm at the time of the offense or previous drug crime convictions can lead to more severe drug possession charges, resulting in longer prison sentences and higher fines.

Can a drug possession charge in South Saint Paul, MN result in a lengthy prison sentence?

Yes, depending on the degree of the offense and any aggravating factors involved, a drug possession charge in South Saint Paul, MN can result in prison sentences ranging from up to 30 years for first-degree possession to up to 1 year for fifth-degree possession.

What should I do if I've been charged with drug possession in South Saint Paul, MN?

If you've been charged with drug possession in South Saint Paul, MN, it's crucial to seek legal counsel immediately. An experienced attorney can provide guidance and representation to protect your rights and navigate the legal process.

Helpful Resources

Aggravating Factors to Drug Possession Offenses

In the context of a drug possession charge, aggravating factors include:

  • Having a violent crime conviction within the past 10 years
  • Committing a drug crime to benefit a gang
  • Committing separate possession offenses in more than 2 counties
  • Transferring the controlled substance across state or country lines
  • Involving 3 or more separate possession offenses with the intent to sell or transfer
  • Having a position of power in the drug distribution ring
  • Using a position of trust or confidence to facilitate the crime
  • Selling a controlled substance to a person under 18 years of age or a vulnerable adult
  • Committing the crime in a school zone, park zone, correctional facility, or drug treatment facility
  • Involving evidence that the drug was going to be possessed, sold, or distributed in amounts substantially higher than the listed thresholds

What are the Penalties for Possession of Marijuana in Minnesota?

If you have been charged with possession of marijuana in Minnesota, it is important to understand the potential consequences you may face. The penalties for possession of marijuana depend on the amount of marijuana involved and your criminal history. Some possible penalties include:

  • First offense of possession of less than 1.4 grams of marijuana: fine of up to $200
  • First offense of possession of 1.4 grams or more of marijuana: up to 90 days in jail and a fine of up to $1,000
  • Second or subsequent offense: up to one year in jail and a fine of up to $3,000

If you are facing marijuana possession charges, it is crucial to seek the guidance of an experienced criminal defense lawyer. Our attorney can help you understand your legal options and defend your rights in court.

Contact Our Drug Possession Attorney Today

Time is of the essence if you or a loved one have been charged with drug possession. Don't face these charges alone. Contact our experienced criminal defense team today to discuss your case and explore your legal options. We have a proven track record of successfully defending clients against drug possession charges, and we are ready to fight for you. Don't wait; call now to get started!

Contact Rogosheske, Rogosheske & Atkins, PLLC today to schedule a FREE consultation with our drug possession lawyer in St. Paul!

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