Minneapolis Criminal Defense Attorney | Understanding Minnesota Drug Charges
Minneapolis Criminal Defense Attorney | Your Ultimate Guide to Understanding Minnesota Drug Charges
Posted by Brodie Hacken on Apr 21, 2020 (Updated: March 25, 2025)
Facing drug charges in Minneapolis or anywhere in Minnesota can feel like navigating a complex maze. At Gerald Miller, P.A., our experienced Minneapolis criminal defense attorneys are here to provide clarity and strong legal representation. This ultimate guide has been thoroughly updated to be your definitive resource for understanding Minnesota drug charges, covering everything from drug schedules and penalties to the crucial legal definitions you need to know.
Why You Need a Skilled Minneapolis Drug Crimes Attorney
When facing drug charges in Minnesota, the stakes are high. Your freedom, your future, and your reputation are on the line. The intricacies of Minnesota drug laws demand the attention of a seasoned criminal defense attorney. At Gerald Miller, P.A., we bring decades of experience to the table. We understand the nuances of these laws, the tactics of the prosecution, and the defense strategies that can make a difference. Trust your case to a firm dedicated to protecting your rights and achieving the best possible outcome.
Minnesota Drug Schedules Explained: A Foundation of Drug Law
Minnesota law classifies drugs into five schedules based on their potential for abuse and accepted medical use. This classification is fundamental to understanding the severity of drug charges.
What are the five schedules of drugs?
The five schedules of drugs in Minnesota, mirroring federal law, are:
- Schedule I: Highest potential for abuse, no accepted medical use.
- Schedule II: High potential for abuse, some accepted medical use with restrictions.
- Schedule III: Moderate to low potential for abuse, accepted medical use.
- Schedule IV: Low potential for abuse, accepted medical use.
- Schedule V: Lowest potential for abuse, accepted medical use.
What is a Schedule I drug in Minnesota?
A Schedule I drug in Minnesota is defined as a substance with a high potential for abuse and no currently accepted medical use in the United States. Examples include heroin, LSD, marijuana (cannabis), ecstasy, methaqualone, and peyote.
What are examples of Schedule II drugs in Minnesota?
Examples of Schedule II drugs in Minnesota include vicodin, cocaine, methamphetamine, methadone, Dilaudid, Demerol, oxycodone (OxyContin, Percocet), fentanyl, Dexedrine, Adderall, and Ritalin.
Schedule III Drugs
These substances have a moderate to low potential for abuse and a currently accepted medical use. Examples include Tylenol with codeine, ketamine, anabolic steroids, and testosterone. Key Takeaway: Penalties for Schedule III drug offenses are generally less severe than those for Schedule I and II drugs but still carry significant risks.
Schedule IV Drugs
These substances have a low potential for abuse and a currently accepted medical use. Examples include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol. Key Takeaway: While having a lower abuse potential, offenses involving Schedule IV drugs can still lead to criminal charges and penalties.
Schedule V Drugs
These substances have a low potential for abuse and a currently accepted medical use. Examples include Robitussin AC, Lomotil, Motofen, Lyrica, and Parepectolin. Key Takeaway: Schedule V drugs are considered the least dangerous and often have medicinal applications, resulting in the mildest penalties among drug schedules.
Understanding the Penalties for Drug Crimes in Minnesota
The consequences of a drug conviction in Minnesota can be severe, impacting your life for years to come. Penalties vary based on the drug schedule, the amount involved, and whether the offense is for possession or sale.
What are the penalties for fifth-degree drug possession in Minnesota?
Fifth-degree drug possession in Minnesota, often involving small amounts of Schedule IV or V drugs or small amounts of marijuana, can result in penalties of up to 5 years in prison and/or fines up to $10,000.
Fifth-Degree Drug Possession
This typically involves possession of small amounts of Schedule IV or V drugs, or small amounts of marijuana. Penalties can include up to 5 years in prison and/or fines up to $10,000.
Fourth-Degree Drug Possession
This may involve possession of larger amounts of Schedule IV or V drugs, or possession of small amounts of Schedule I, II, or III drugs. Penalties can include up to 15 years in prison and/or fines up to $100,000.
Third-Degree Drug Possession
This often involves possession of significant amounts of Schedule I, II, or III drugs. Penalties can include up to 20 years in prison and/or fines up to $250,000.
Second-Degree Drug Possession
This typically involves possession of large amounts of Schedule I or II drugs. Penalties can include up to 25 years in prison and/or fines up to $500,000. Previous felony convictions can lead to mandatory minimum sentences.
First-Degree Drug Possession
This involves possession of very large amounts of Schedule I or II drugs. Penalties can include up to 30 years in prison and/or fines up to $1,000,000. Prior drug convictions often result in mandatory minimum prison sentences.
Penalties for Drug Sale
Sale charges generally carry more severe penalties than possession charges. The degree of the sale offense depends on the type and quantity of the drug involved, as well as prior convictions and other aggravating factors.
What is the maximum penalty for first-degree drug sale in Minnesota?
The maximum penalty for first-degree drug sale in Minnesota can be up to 30 years in prison and/or fines up to $1,000,000. Prior drug convictions can lead to mandatory minimum prison sentences.
First-Degree Drug Sale
Involves the sale of significant quantities of Schedule I or II drugs. Penalties can include up to 30 years in prison and/or fines up to $1,000,000. Mandatory minimum sentences apply for prior drug convictions.
Second-Degree Drug Sale
Involves the sale of substantial quantities of Schedule I, II, or III drugs. Penalties can include up to 25 years in prison and/or fines up to $500,000.
Third-Degree Drug Sale
Involves the sale of certain quantities of Schedule I, II, III, or IV drugs. Penalties can include up to 20 years in prison and/or fines up to $250,000.
Fourth-Degree Drug Sale
Involves the sale of smaller quantities of Schedule I, II, III, or IV drugs, or the sale of any amount of Schedule V drugs. Penalties can include up to 15 years in prison and/or fines up to $100,000.
Fifth-Degree Drug Sale
Involves the sale of small amounts of Schedule V drugs. Penalties can include up to 5 years in prison and/or fines up to $10,000.
Key Legal Definitions You Need to Know: “Sell” and “Possession” in Minnesota
Minnesota law has specific definitions for terms related to drug offenses, and understanding these definitions is crucial.
What is the legal definition of “sell” in Minnesota drug law?
Under Minnesota law, “sell” is broadly defined to include:
- Selling, giving away, bartering, delivering, exchanging, or distributing drugs.
- Manufacturing controlled substances.
- Offering or agreeing to perform any of these acts.
- Possessing drugs with the intent to perform any of these acts.
Is sharing drugs considered selling in Minnesota?
Yes, under Minnesota’s broad definition of “sell,” even giving away or sharing drugs with another person can be considered selling, potentially leading to serious charges.
What is the definition of “possession” in Minnesota drug law?
While not statutorily defined, Minnesota courts recognize three types of possession:
- Actual Possession: Having direct physical control over the drugs.
- Constructive Possession: Having the right to control drugs located in a place you have control over (like your home or car).
- Joint Possession: Multiple people sharing control over the same drugs.
What is the difference between actual and constructive possession?
Actual possession means you have the drugs on your person or within your immediate reach. Constructive possession means you have the ability to control the drugs, even if they are not physically on you (e.g., drugs locked in your safe at home).
To be convicted of drug possession in Minnesota, the prosecution must prove beyond a reasonable doubt that you knowingly possessed the substance and had knowledge that it was an illegal drug.
Facing Drug Charges? Gerald Miller, P.A. is Your Advocate
If you are facing drug charges in Minneapolis or anywhere in Minnesota, remember that you don’t have to go through this alone. The experienced team at Gerald Miller, P.A. is dedicated to providing you with the strong legal representation you need to protect your rights and your future.
We will:
- Conduct a thorough investigation of the charges against you.
- Explain your rights and legal options in clear and understandable terms.
- Develop a strategic defense tailored to the specific circumstances of your case.
- Negotiate with prosecutors to seek reduced charges or alternative resolutions.
- Vigorously represent you in court if your case goes to trial.
About Gerald Miller, P.A.: Your Trusted Minneapolis Criminal Defense Firm
Gerald Miller, P.A. has been a leading criminal defense law firm in Minneapolis for nearly four decades. Our unwavering commitment to our clients, our deep understanding of Minnesota criminal law, and our proven track record of success have earned us a reputation as one of the top criminal defense firms in the state. We handle all aspects of criminal law, with a particular focus on drug crimes, DWI, and domestic assault cases. Our attorneys are recognized for their professionalism, knowledge, and dedication, earning accolades from numerous legal organizations and receiving consistently positive reviews from our satisfied clients.
Our firm has received the elite “SuperLawyer” distinction by Thomson Reuters and holds memberships and awards from prestigious organizations such as the American Bar Association, The National Trial Lawyers, the American Institute of DWI/DUI Attorneys, and the National Academy of Criminal Defense Attorneys.
Don’t Wait – Contact Us Today for a Free and Confidential Case Evaluation
If you are facing drug charges in Minnesota, don’t delay in seeking legal counsel. Contact the experienced Minneapolis criminal defense attorneys at Gerald Miller, P.A. today for a free and confidential case evaluation. Call us 24/7 at 612-341-9079 or fill out our confidential contact form here. We are here to help you understand your options and fight for the best possible outcome in your case. Visit our website at www.geraldmillerlawyer.com for more information.
Disclaimer: This updated article provides general information about Minnesota drug laws and should not be considered legal advice. For specific legal guidance regarding your situation, please consult with a qualified criminal defense attorney.
Updated On: March 25, 2025
