Drug Possession A Law Firm with a Winning Tradition

St. Paul Drug Possession Lawyers

Defending Against Possession Crimes in Dakota County and Washington County

Minnesota takes drug possession crimes seriously. Although some of these offenses may be charged as gross misdemeanors 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 have the potential to ruin a person's relationships, finances, and current and future employment opportunities. Not to mention, the arrest, charge, and conviction information are accessible to the public, which can hurt an individual's reputation. If you've been accused of drug possession, you need aggressive representation to fight the charge. Seeking a just result in your case could help you minimize or avoid the harsh consequences associated with 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. Additionally, when you hire us, you'll get our cell phone numbers, allowing you to contact us at any time to discuss your case.

We are committed to delivering high-quality legal services. Call us at (651) 413-9004 or contact us online today.

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 term of imprisonment increases to up 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

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

Penalty for Possession of Marijuana (Small Amounts) in MN

If a person has a small amount of marijuana (42.5 grams or less), they may be charged with a misdemeanor. A conviction could result in up to 90 days in jail and/or a fine of up to $1,000. They may also be required to complete a drug education program.

Get Skilled Defense on Your Side

Charged with a drug possession crime in St. Paul? At Rogosheske, Rogosheske & Atkins, PLLC, our lawyers will leverage their knowledge and resources to fight the State's allegations against you. Whether your case can be handled out of court or must be taken to trial, we'll do everything in our legal power to seek a favorable result on your behalf.

To discuss your case with one of our St. Paul drug possession attorneys, call us at (651) 413-9004 or submit an online contact form.

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