Minnesota Drug Crime Charges & Penalties
Experienced In All Levels of Drug Charges
Cody M. Wright is experienced in handling all levels of drug charges in the state of Minnesota. Whether it is a serious felony charge, where the client is looking at prison time, or a misdemeanor level charge, Cody does it all. One of the most important issues that needs to be reviewed in every drug charge is an individual’s Fourth Amendment protection against unreasonable searches and seizures. The police must have valid probable cause, a warrant or both in order for a search to be valid. If the search violates this right, any evidence gained during that illegal search will not be allowed in court.
Fifth Degree Possession and Sales
5th Degree Possession can either be a Felony or a Gross Misdemeanor. The maximum penalty for a Gross Misdemeanor level charge is 365 days in jail and a fine of $3,000. If it is a Felony level charge, the maximum penalty is 5 years in prison and a $10,000 fine. In order to be convicted of 5th Degree Possession, the State must prove that the Defendant:
5th Degree Possession can either be a Felony or a Gross Misdemeanor. The maximum penalty for a Gross Misdemeanor level charge is 365 days in jail and a fine of $3,000. If it is a Felony level charge, the maximum penalty is 5 years in prison and a $10,000 fine. In order to be convicted of 5th Degree Possession, the State must prove that the Defendant:
- had one or mixtures of a controlled substance (Schedule I, II, II, or IV), except a small amount of marijuana, or
- they attempt to possess, or procure a controlled substance by:
- fraud or deceit,
- using a false name or false credit, or
- by falsely using the name of someone authorized (pharmacist, doctor, veterinarian, wholesaler, etc.) to obtain a controlled substance.
5th Degree possession is a Gross Misdemeanor if:
- They have not previously been convicted of a serious Minnesota drug crime or a similar offense from another state; and
- The amount of the controlled substance they possessed was less than .25 grams, other than heroin;
- The amount is one dosage unit or less; or
- The substance possessed was heroin and was less than .05 grams.
In any other situation, the charges would be felony level.
Much like 5th Degree Possession, 5th Degree Sales is also a Felony punishable by up to 5 years in prison and a $10,000 fine. To be found guilty of 5th Degree Sales of a Controlled Substance, the State must prove that the Defendant:
- sold one or more mixtures containing marijuana or THC, except a small amount of marijuana, or
- sold one or more mixtures containing a Schedule IV controlled substance.
5th Degree Possession can either be a Felony or a Gross Misdemeanor. The maximum penalty for a Gross Misdemeanor level charge is 365 days in jail and a fine of $3,000. If it is a Felony level charge, the maximum penalty is 5 years in prison and a $10,000 fine. In order to be convicted of 5th Degree Possession, the State must prove that the Defendant:
- had one or mixtures of a controlled substance (Schedule I, II, II, or IV), except a small amount of marijuana, or
- they attempt to possess, or procure a controlled substance by:
- fraud or deceit,
- using a false name or false credit, or
- by falsely using the name of someone authorized (pharmacist, doctor, veterinarian, wholesaler, etc.) to obtain a controlled substance.
5th Degree possession is a Gross Misdemeanor if:
- They have not previously been convicted of a serious Minnesota drug crime or a similar offense from another state; and
- The amount of the controlled substance they possessed was less than .25 grams, other than heroin;
- The amount is one dosage unit or less; or
- The substance possessed was heroin and was less than .05 grams.
In any other situation, the charges would be felony level.
Much like 5th Degree Possession, 5th Degree Sales is also a Felony punishable by up to 5 years in prison and a $10,000 fine. To be found guilty of 5th Degree Sales of a Controlled Substance, the State must prove that the Defendant:
- sold one or more mixtures containing marijuana or THC, except a small amount of marijuana, or
- sold one or more mixtures containing a Schedule IV controlled substance.
Fourth Degree Possession and Sales
4th Degree Possession of a Controlled Substance is a Felony punishable by up to 15 years in prison and a $100,000 fine. To be convicted of 4th Degree Possession the State must prove that the Defendant:
4th Degree Possession of a Controlled Substance is a Felony punishable by up to 15 years in prison and a $100,000 fine. To be convicted of 4th Degree Possession the State must prove that the Defendant:
- had one or more mixtures containing phencyclidine or a hallucinogen, packaged in dosage units, and equals ten or more dosage units, or
- they have one or more mixtures containing a controlled substance (Schedule I, II, or III) except marijuana or THC, with the intent to sell
4th Degree Sales of a Controlled Substance is also a felony, and has the same maximum penalties as 4th Degree Possession. To be found guilty of 4th Degree Sales, the State must prove that the Defendant:
- sold one or more mixtures containing a controlled substance (Schedule I, II, or III), except marijuana or THC;
- sold one or more mixtures containing a controlled substance (Schedule IV or V) to a person under 18 years old;
- Conspired with or employed a person under 18 years old to unlawfully sell a controlled substance (Schedule IV or V); or
- Sold any amount of marijuana or THC in a school, park, or public housing zone, or a drug treatment facility, except a small amount for no benefit.
Third Degree Possession and Sales
3rd Degree possession of a controlled substance is a Felony with a maximum penalty of 20 years in prison and a $250,000 fine. To be found guilty of 3rd Degree Possession the State must prove that the Defendant:
Third Degree possession of a controlled substance is a Felony with a maximum penalty of 20 years in prison and a $250,000 fine. To be found guilty of 3rd Degree Possession the State must prove that the Defendant:
- had one or more mixtures of a total of three grams or more of cocaine, heroin, or methamphetamine on one or more occasions within a 90-day period;
- had one or more mixtures of a total of ten grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine on one or more occasions within a 90-day period;
- had one or more mixtures containing a narcotic drug, packaged in dosage units, and equals 50 or more dosage units on one or more occasions within a 90-day period;
- had any amount of a schedule I or II narcotic drug or five or more dosage units of LSD, 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine in a school, park, or public housing zone, or drug treatment facility on one or more occasions within a 90-day period;
- had one or more mixtures of a total weight of ten kilograms or more containing marijuana or THC on one or more occasions within a 90-day period; or
- had one or more mixtures containing methamphetamine or amphetamine in a school, park, or public housing zone, or drug treatment facility.
3rd Degree Sales of a controlled substance is a Felony, with the same maximum punishment as 3rd Degree Possession. To be convicted of 3rd Degree Sales of a Controlled Substance, the State must prove that the Defendant:
- sold one or more mixtures containing a narcotic;
- sold one or more mixtures containing phencyclidine or hallucinogen, packaged in dosage units, and equals ten or more dosages;
- sold one or more mixtures containing a controlled substance (Schedule I, II, or III), except Schedule I or II narcotics, to a person under 18 years old;
- conspired with, or employed, a person under 18 years old to sell one or more mixtures containing a controlled substance (Schedule I, II, or III), except Schedule I or II narcotics; ot
- sold one or more mixtures of five kilograms or more containing marijuana or THC.
Second Degree Possession and Sales
2nd Degree Possession of a Controlled Substance is a Felony punishable by up to 25 years in prison and a $500,000 fine. However, if the Defendant has had a prior controlled substance conviction, they must be sentenced to a prison term of at least 3 years, and can be sentenced to up to 40 years. To be convicted of 2nd Degree Possession of a Controlled Substance the State must prove that the Defendant:
Second Degree Possession of a Controlled Substance is a Felony punishable by up to 25 years in prison and a $500,000 fine. However, if the Defendant has had a prior controlled substance conviction, they must be sentenced to a prison term of at least 3 years, and can be sentenced to up to 40 years. To be convicted of 2nd Degree Possession of a Controlled Substance the State must prove that the Defendant:
- had one or more mixtures of a total of six grams or more containing cocaine, heroin, or methamphetamine;
- had one or more mixtures of a total of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
- had one or more mixtures of a total of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen, or if the controlled substance is packed in dosage units equaling 100 or more; or
- they have one or more mixtures of a total weight of 50 kilos or more containing marijuana or THC.
Second Degree Sales of a controlled substance is a Felony and has the same potential penalties as 2nd Degree Possession. To be convicted of 2nd Degree Sales of a Controlled Substance the State must prove that the Defendant:
- sold one or more mixtures of three grams or more containing cocaine, heroin, or methamphetamine,
- they sell one or more mixtures of ten grams or more containing narcotic drugs other than cocaine, heroin, or methamphetamine;
- sold one or more mixtures of ten grams or more containing amphetamine, hallucinogen, or phencyclidine, or if the controlled substance is packaged in dosages, equaling 50 or more dosages;
- unlawfully sold one or more mixtures of 25 kilograms or more containing marijuana or THC;
- sold any amount of a Schedule I or II narcotic drug to a person under 18 years old, or conspired with, or employed, a person under 18 to sell the substance; or
- sold any of the following in a school, park, or public housing zone, or a drug treatment facility:
- any amount of a Schedule I or II narcotic, LSD, 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
- one or more mixtures containing methamphetamine or amphetamine; or
- one or more mixtures of five kilograms or more containing marijuana or THC.
First Degree Possession and Sales
1st Degree Possession of a Controlled Substance is a Felony punishable by up to 30 years in prison and a $1,000,000 fine. However, if the Defendant has had a prior controlled substance conviction, they must be sentenced to a prison term of at least 4 years, and can be sentenced to up to 40 years. Additionally, in some of the circumstances laid out below, if the Defendant or an accomplice possessed or sold 100 or more grams or 500 or more dosage units of the controlled substance, they must be sent to prison for no less than 65 months, and can be sent for up to 40 years. To be convicted of First Degree Possession of a Controlled Substance the State must prove that the Defendant:
First Degree Possession of a Controlled Substance is a Felony punishable by up to 30 years in prison and a $1,000,000 fine. However, if the Defendant has had a prior controlled substance conviction, they must be sentenced to a prison term of at least 4 years, and can be sentenced to up to 40 years. Additionally, in some of the circumstances laid out below, if the Defendant or an accomplice possessed or sold 100 or more grams or 500 or more dosage units of the controlled substance, they must be sent to prison for no less than 65 months, and can be sent for up to 40 years. To be convicted of First Degree Possession of a Controlled Substance the State must prove that the Defendant:
- had one or more mixtures of a total of 25 grams or more containing cocaine, heroin, or methamphetamine;
- had one or more mixtures of a total of 500 grams or more containing a narcotic other than cocaine, heroin, or methamphetamine;
- had one or more mixtures of a total of 500 grams or more containing amphetamine, phencyclidine, or hallucinogen, or if the controlled substance is packaged in dosage units, equaling 500 or more;
- they have one or more mixtures of a total of 100 kilograms or more containing marijuana or THC; or
- if a person manufactures any amount of methamphetamine.
First Degree Controlled Substance Sales is a Felony and has the same potential penalties as 1st Degree Possession. To be convicted of 1st Degree Sales of a Controlled Substance the State must prove that the Defendant:
- sold one or more mixtures of ten grams or more containing cocaine, heroin, or methamphetamine;
- sold one or more mixtures of 50 grams or more containing a narcotic other than cocaine, heroin, or methamphetamine;
- sold one or more mixtures of 50 grams or more containing amphetamine, hallucinogen, or phencyclidine, or if the controlled substance is packaged in dosages, equaling 200 or more dosages; or
- unlawfully sold one or more mixtures of 50 kilograms or more containing marijuana or THC, or one or more mixtures of 25 kilograms or more containing marijuana or THC in a school, park, or public housing zone, or drug treatment facility.
Additionally, an individual can be convicted of Aggravated 1st Degree Possession or Sales if they violate any of the provisions listed above and either the Defendant or an accomplice either has or sells 100 or more grams, or 500 or more dosage units of the controlled substance and either:
- Has a firearm in their possession or brandishes a firearm; or
- The offense involves 2 of the following aggravating factors. The Defendant:
- Has been convicted of a violent crime, other than a drug charge, in the previous 10 years;
- Committed the crime for the benefit of a gang;
- On separate occasions, sold or possessed a controlled substance in 3 or more different counties;
- Transported the controlled substance across state lines, or international borders, into Minnesota;
- On 3 separate occasions sold, transferred or possessed a controlled substance with the intent to sell or transfer it;
- Occupied a high position in a drug ring;
- Used their position or status to facilitate the commission of the offense;
- Sold the controlled substance to a person under the age of 18 or a vulnerable adult;
- Manufactured, possessed, or sold a controlled substance in a school zone, park zone, correctional facility, or drug treatment facility; or
- possessed equipment, drug paraphernalia, documents, or money evidencing that the offense involved the cultivation, manufacture, distribution, or possession of controlled substances in quantities substantially larger than the minimum threshold amount for the offense.
If an individual is convicted of Aggravated 1st Degree Possession or Sales, they must be sent to prison for no less than 86 months, and can be sent to prison for up to 40 years.
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Contact Cody Wright an Experienced Minnesota Criminal Defense Lawyer Today
If you or a loved one is facing a controlled substance charge in Minnesota, the consequences can be devastating. Not only can it affect your future ability to work or obtain housing, it can also affect the future of your family or children, and it can also affect your freedom. These are not the types of charges to be taken lightly. You need to have an experienced attorney in your corner. Contact Cody M. Wright today to set up a free consultation for your Minnesota Controlled Substance charge.
