Controlled Substance Charges in Minnesota

Controlled substance charges in Minnesota can include drug possession, sale of controlled substance, drug conspiracy or manufacturing of any controlled substance.  Also, possession of a controlled substance can include possession of prescription medications.  Controlled substance charges in Minnesota range from Felony First Degree Controlled Substance to Felony or Gross Misdemeanor Fifth Degree controlled substance.  The degree of crime that is charged depends on the circumstances of the offense including the amount possessed, whether the drugs were sold or distributed and how many transactions took place prior to charges being filed.  Controlled substances are classified by Schedules and include cocaine, methamphetamine, heroin, PCP, hallucinogens, marijuana, THC, opiates, benzodiazepine, prescription drugs.

Drug crime charges in Minnesota are based on the type of drug and quantity involved, as well as whether the offense involves possession or sale. 

Controlled Substance Crime in the First Degree 152.021

First degree controlled substance crimes are the most serious drug crimes under Minnesota law, and they include both possession and sale crimes, in addition to the manufacture of methamphetamine.

Penalties – Up to 30 years in prison, maximum fine $1M, or both. If the defendant has a prior felony drug conviction, they are subject to a mandatory minimum sentence of 4 years. Aggravating factors can also increase the penalties.

Controlled Substance Crime in the Second Degree 152.022

Second Degree Controlled Substance Sale or Possession Crimes

Penalties – Up to 25 years in prison and up to $500,000 in fines. Previous drug convictions and aggravating factors can increase prison sentences.

Controlled Substance Crime in the Third Degree 152.023

Penalties for a Third degree controlled substance crimes can include up to 20 years in prison and fines up to $250,000.

Controlled Substance Crime in the Fourth Degree 152.024

Fourth Degree Sale Crimes include the sale of any amount of a Schedule I, II or III drug, the sale of a Schedule IV or V drug to minor or any amount of marijuana in a school, park, public housing, or drug treatment facility.  

Fourth Degree Possession Crimes include 10 doses of PCP or a Hallucinogen, any amount of a Schedule I, II, or III drug with intent to sell.

Penalties for fourth degree drug crimes can include up to 15 years in prison and $100,000 in fines.

Controlled Substance Crime in the Fifth Degree 152.025

Fifth Degree Sale Crimes include any amount of marijuana, except small amounts and any amount of a Schedule IV drug, except 42.5 grams or less of marijuana.  

Fifth Degree Controlled Substance also includes the attempt to acquire, possess or exercise control over a controlled substance through fraud or misrepresentation, using a false name or falsely representing a physician.

Penalties for fifth degree drug crimes can include up to 5 years in prison and $10,000 in fines.

Federal Court Drug Charges or Indictment

Certain drug crimes such as importing or trafficking drugs are considered federal offenses. When you are charged in Federal Court you can be facing more serious penalties.  If you have prior convictions, the penalties can increase in severity and can include mandatory sentence.

Penalties for Controlled Substance Charges

Drug Charges- Mandatory Sentences 152.026

The penalties for a conviction for a controlled substance crime are serious.  If you are convicted, you can be sentenced to prison and required to pay significant fines.  You can also lose your right to possess firearms, vote, obtain housing and employment.  If you have been charged or are under investigation for a controlled substance crime in Minnesota, you need an experienced criminal defense lawyer on your side.  This is true regardless of whether you are innocent or guilty of committing any crimes.

Do not make any statements or provide any information to the police because everything you tell them will be used against you.  You will not talk your way out of being arrested or charged with a controlled substance crime.  Attorney Anthony Grostyan is an experienced criminal defense attorney with a record of successfully defending clients facing drug charges in Minnesota in state and federal court. Call Attorney Grostyan at (612) 341-6575 to a free consultation.