What Happens When You Get Charged with Possession of a Controlled Substance in Minnesota?
When charged with controlled substance possession in Minnesota, individuals face penalties including fines, imprisonment, mandatory treatment programs, and a permanent criminal record. The severity of the penalties depends on the type and amount of substance, as well as prior criminal history.
At Gerald Miller P.A., we’ve successfully defended countless clients charged with controlled substance possession in Minnesota. Our team is here to protect your rights and provide guidance through this challenging time.
In this article, I’ll explain the legal process, potential penalties, defenses, and steps to take after being charged.
What Is Controlled Substance Possession in Minnesota?
Controlled substance possession in Minnesota refers to the unlawful possession of drugs classified under the state’s Controlled Substances Act, which includes narcotics, prescription medications, and certain chemicals.
The substances are categorized into five schedules based on their potential for abuse and accepted medical use:
- Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD).
- Schedule II: High potential for abuse but some medical use (e.g., methamphetamine, oxycodone).
- Schedule III–V: Lower potential for abuse, with increasing medical applications (e.g., anabolic steroids, cough medications with codeine).
What Are the Degrees of Controlled Substance Possession in Minnesota?
Controlled substance possession in Minnesota is classified into five degrees, each based on the type and quantity of the substance involved.
- First Degree: Possession of large quantities of dangerous drugs, such as 25+ grams of methamphetamine or cocaine. This is the most serious charge, often resulting in up to 30 years of imprisonment and a $1 million fine.
- Second Degree: Involves 10+ grams of narcotics like cocaine or methamphetamine. Penalties include up to 25 years in prison and a $500,000 fine.
- Third Degree: Covers possession of smaller amounts (3+ grams) of narcotics or sale-related offenses. Penalties include up to 20 years in prison and a $250,000 fine.
- Fourth Degree: Includes possession with intent to distribute or smaller quantities of Schedule I–III drugs. Maximum penalties are 15 years in prison and a $100,000 fine.
- Fifth Degree: The least severe charge, involving possession of small amounts of drugs or unauthorized prescription medications. Penalties include up to 5 years in prison and a $10,000 fine.
Key Takeaway: Each degree reflects the seriousness of the offense. Understanding these classifications can help you navigate potential defenses.
What Are the Penalties for Controlled Substance Possession in Minnesota?
Penalties for controlled substance possession range from misdemeanors to felonies and depend on the type and amount of substance involved.
| Degree | Key Factors | Potential Penalties |
|---|---|---|
| First Degree | Possession of 25+ grams of cocaine, heroin, or meth | Up to 30 years imprisonment and $1 million in fines. |
| Second Degree | Possession of 10+ grams of cocaine, heroin, or meth | Up to 25 years imprisonment and $500,000 in fines. |
| Third Degree | Possession of 3+ grams of cocaine, heroin, or meth | Up to 20 years imprisonment and $250,000 in fines. |
| Fourth Degree | Possession of a controlled substance with intent to sell | Up to 15 years imprisonment and $100,000 in fines. |
| Fifth Degree | Possession of smaller amounts or unauthorized prescription drugs | Up to 5 years imprisonment and $10,000 in fines. |
What Happens After Being Charged with Controlled Substance Possession in Minnesota?
After being charged, the legal process typically includes an arrest, arraignment, pretrial motions, plea negotiations, and potentially a trial.
- Arrest and Booking: Law enforcement arrests and books the individual.
- Arraignment: The accused appears before a judge to hear charges and enter a plea.
- Pretrial Motions: Attorneys may file motions to suppress evidence or dismiss charges.
- Plea Negotiations: Prosecutors and defense attorneys may negotiate a plea deal to reduce charges or penalties.
- Trial: If no agreement is reached, the case proceeds to trial where evidence is presented, and a verdict is rendered.
What Happens to Your Driver’s License After a Drug Possession Conviction in Minnesota?
A controlled substance possession conviction can lead to driver’s license suspension in Minnesota, even if the offense did not involve a vehicle.
- Suspension Length: The suspension period varies but typically lasts 30 to 180 days.
- License Reinstatement: To reinstate your license, you may need to pay fines, complete a chemical dependency evaluation, or participate in treatment programs.
- Limited Licenses: Some individuals may qualify for a limited license, allowing restricted driving for work or treatment purposes.
Key Tip: Protecting your driving privileges is critical. Consulting an experienced attorney can help you minimize the impact on your license.
Can a Controlled Substance Possession Charge Be Dismissed?
Yes, charges may be dismissed if law enforcement violated your rights during the arrest, such as conducting an illegal search or seizure.
Other grounds for dismissal include:
- Lack of evidence linking you to the substance.
- Procedural errors in handling evidence.
- Proving the substance belonged to someone else.
What Are the Defenses Against Controlled Substance Possession Charges?
Common defenses include lack of possession, illegal search and seizure, or insufficient evidence.
- Lack of Possession: Proving the substance was not under your control.
- Illegal Search: Demonstrating that law enforcement violated your Fourth Amendment rights.
- Chain of Custody Issues: Challenging the integrity of evidence handling.
- Entrapment: Arguing that law enforcement induced you to commit the offense.
How Does a Controlled Substance Conviction Impact Your Future?
A controlled substance conviction can result in long-term consequences, including difficulty finding employment, housing, and financial aid.
Additional impacts include:
- Loss of professional licenses.
- Ineligibility for certain government benefits.
- Increased insurance premiums.
Steps to Take After Being Charged with Controlled Substance Possession
- Contact an Attorney: Hire an experienced criminal defense attorney immediately.
- Understand Your Rights: Exercise your right to remain silent and avoid self-incrimination.
- Gather Evidence: Collect documents, witnesses, and any evidence supporting your defense.
- Comply with Court Orders: Attend all hearings and follow any conditions set by the court.
Why Choose Gerald Miller P.A. for Your Defense?
At Gerald Miller P.A., we have decades of experience defending clients against controlled substance possession charges in Minnesota. Our approach includes:
- Aggressive Defense: Challenging evidence and fighting for reduced or dismissed charges.
- Personalized Strategies: Tailoring defenses to your unique circumstances.
- Proven Results: Successfully handling thousands of drug possession cases.
Schedule a Free Consultation Today
Don’t face controlled substance possession charges alone. Let Gerald Miller P.A. fight for your rights and secure the best possible outcome.
Call 612-341-9080 or schedule your free consultation online today. We’re here to provide the expertise and support you need.
Related Content:
- Understanding Minnesota Drug Charges
- What Are Penalties for Common Drug Charges in Minnesota?
- How to Beat a Felony Drug Charge in MN
- Transporting Narcotics in Your Vehicle Increases Risk of a Drug Conviction
- Is There a Statute of Limitations on Drug Charges in MN?
