Drug Possession Laws
Any drug possession charge in Minnesota is a serious criminal offense. And I know it is a serious event to you in your life. If you were caught with drugs, you’ve been through the frightening experience of being arrested and charged with a crime. From the moment you realized you are busted, your heart has probably been racing as you wondered what this charge could mean for your future.
An experienced and dedicated professional Minnesota defense attorney can help put your mind at ease as we walk you through the criminal process, helping you understand exactly what is going on, and even more importantly, what you can do to fight it.
And whether you think you are actually guilty of the drug possession charge or not, you want to make sure there is someone there who is on your side at this difficult time.
It is critical that you act to protect your rights. You can’t count on the police to treat you fairly. You can’t count on the courts or the prosecutors to be fair and reasonably. Now, sometimes they will, but having an experienced defense lawyer working to protect you can make a huge difference.
We know that everyone makes mistakes. When you are facing drug charges it might feel like no one is on your side. But we are. Criminal defense in Minnesota is all we do, fighting for our clients rights every day. We want to know what brought you to this place so we can help.
We have handled many drug cases in the Minnesota criminal courts and know the kind of penalties you may be facing. From steep fines to prison time, there is a good chance that you will be sentenced to a harsh reality check. We can help.
Our attorneys will fight tirelessly to get the best possible outcome when you go to court. Find out what we can do for you by taking advantage of our free consultation.
Minnesota Drug Possession Laws
Like many other offenses, possession charges in Minnesota are classified by degrees. The charge you face is dependent on the substance you had in your possession and the amount.
Minnesota First Degree Drug Possession
Possession of a controlled substance in the 1st degree is a serious felony charge. If you are facing this charge you could be sentenced to as much as 30 years in prison and fines reaching $1,000,000.
The following amounts and substances qualify for a 1st degree possession charge:
| Substance | Amount |
| Cocaine, Heroin, Methamphetamine | 25 grams of more |
| Narcotic other than cocaine, heroin, or meth. | 500 grams or more |
| Amphetamine or hallucinogens | 500 grams or more, or 500 or more doses |
| Marijuana | 100 kilograms or more |
Ref: Minnesota Statute §152.021
Minnesota Second Degree Drug Possession
Second degree possession of a controlled substance is also a felony. This charge has the potential to get you up to 25 years in prison and fines reaching $500,000.
The following amounts and substances qualify as a 2nd degree possession charge:
| Substance | Amount |
| Cocaine, Heroin, Methamphetamine | 6 grams or more |
| Narcotic other than cocaine, heroin, or meth. | 50 grams or more |
| Amphetamine or hallucinogens | 50 grams or more, or 100 or more dosage units |
| Marijuana | 50 kilograms or more |
Ref: Minnesota Statute §152.022
Minnesota Third Degree Drug Possession
Faced with third degree possession charges can get you a potential sentence of up to 20 years in prison and $250,000 in fines.
The following amounts and substances qualify as a 3rd degree possession charge if caught in possession on one or more occasions within a 90 day period:
| Substance | Amount |
| Cocaine, Heroin, Methamphetamine | 3 grams or more |
| Narcotic other than cocaine, heroin, or meth. | 10 grams or more |
| Narcotics packaged in dosage units (pills for instance) | 50 or more dosage units |
| LSD | 5 or more dosage units |
| Marijuana | 10 kilograms or more |
Ref: Minnesota Statute 152.023
Minnesota Fourth Degree Drug Possession Penalties
This offense, another serious felony, carries a potential sentence of up to 15 years in prison and fines reaching $100,000.
You may be charged with this offense if you are caught with 10 or more dosage units of a hallucinogen.
Ref: Minnesota Statute §152.024
Minnesota Fifth Degree Drug Possession Penalties
The least severe of all possession charges, 5th degree possession still carries a potential sentence of up to 5 years in prison and $10,000 in fines. You may be charged with this felony if you are caught in possession of a controlled substance that does not fit within the criteria for the other, more severe possession charges.
Ref: Minnesota Statute §152.025
Drug Possession Arrest in Minnesota? Get a Free Legal Defense Case Evaluation
Minnesota is very hard on alleged drug offenders. Although it is not likely you will be sentenced to the maximum penalty, it is possible. No matter how serious the charges are against you, you need the best attorney you can find working on your behalf. Please contact us to find out if we are the attorneys for you.