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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!
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
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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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