MN Drug Crime Penalties
The Minnesota legislature takes drug crimes very seriously. Most people facing drug charges for the first time in this area are quite surprised to learn how much is at stake in defending against these charges:
- Prison Time: Cocaine or Meth sale are particularly serious offenses, bringing 86 months in prison for a first offense. Sale of cocaine or marijuana will bring felony charges, as well.
- Fines and Loss of Property: It is common for the county attorney to seize the house, car and other possessions of someone accused of drug crimes. If someone used any money received from a drug deal to pay the mortgage, for example, that house could be seen as the fruits of a criminal enterprise and seized as a result.
- Destroyed Reputation: Once a criminal conviction for a drug-related charge is firmly fixed to your record, your prospects for landing a good job are greatly diminished.
Drug charges could be the beginning of the end of your life as you know it. Two of our Minnesota Drug Crime Attorneys have worked as criminal prosecutors, so we know how to defend you against these charges.
College Kids and Drug Crimes | Solving Problems for Parents
Unfortunately, it is a common story: kids grow up and go to college, and the first time they are on their own they may decide to experiment with drugs which inevitably leads to them getting into trouble. Drug charges, whether filed in adult court or juvenile court, can be disastrous for college students and their parents. On top of the severe criminal penalties and the limitations that the charges bring to a child’s career prospects, most schools will discipline the student, as well, with the loss of scholarship or expulsion and suspension being common results. We represent students and parents of students who have been charged with drug crimes in any of the local colleges:
- Minnesota State University — Mankato
- Bethany Lutheran College
- Rasmussen College
- South Central College
- Gustavus Adolphus College
In Minnesota, general drug offenses are often the most common crimes charged and processed through our court system. The Minnesota Legislature recently enacted new statutes regarding the drug offenses, decreasing penalties for low level offenses, and increasing penalties for more serious convictions.
Drug charges are fact specific and can depend on the type of drug sold or possessed, the amount sold or possessed, and the number of times an individual has been convicted of a similar offense. All of these factors are taken into consideration when a drug offense is charged. The most common offenses are possession and sale of a controlled substance. For example, an individual may be charged with the sale of drugs if she engages in the act of moving or transporting drugs for money, services, or other goods. Likewise, an individual may be charged with drug possession if the person merely is holding a controlled substance, or if a controlled substance in within the person’s immediate control.
Degrees of Drug Sales and Possession
In Minnesota, there are five different degrees of sales and possession charges ranging from serious felonies to gross misdemeanor charges. The degree of the charge is determined by the amount and “schedule” of the drugs involved. Schedule I drugs are those drugs that are most dangerous and addictive. These drugs are classified as controlled substances, or drugs whose manufacture or possession is regulated by the government. Among the list of Schedule I drugs are cocaine, methamphetamine, heroin, amphetamine, and marijuana. On the other hand, Schedule V drugs are considered to be the least dangerous and addictive, and often have medical uses.
Recently, the Minnesota State Legislature enacted legislation that altered criminal drug laws. The new laws were designed to differentiate drug addicts from drug dealers. Unlike the old laws, the new laws are intended to be less punitive towards addicts, and instead provide many new rehabilitative sentences. For example, the Legislature increased the minimum quantity thresholds for First, Second, and Third Degree offenses that involve either cocaine or methamphetamine. In contrast, it lowered the minimum quantity threshold for First and Second Degree offenses that involve marijuana. (See chart below).
Penalties for Drug Sales and Possession
Because of the changes enacted by the Minnesota Legislature, first time offenders for low-level (fifth-degree) crimes now face Gross-Misdemeanor charges. In other words, the maximum penalty, if convicted, is one year in a county jail and a $3,000 fine. However, these types of crimes are “inhanceable,” meaning that a second offense will carry more severe penalties. Repeat offenders may still face felony charges, and if convicted, multiple years in jail. Some useful facts about the penalties include:
First Degree Controlled Substance Crimes: maximum of 30 years in prison and/or $1,000,000 in fines
Second Degree Controlled Substance Crimes: maximum of 25 years in prison and/or $500,000 in fines
Third Degree Controlled Substance Crimes: maximum of 20 years in prison and/or $250,000 in fines
Fourth Degree Controlled Substance Crimes: maximum of 15 years in prison and/or $100,000 in fines
Fifth Degree Controlled Substance Crimes: maximum of 5 years in prison and/or $10,000 in fines
**For first time offenders charged with a gross misdemeanor: maximum of one year in jail and/or $3,000 in fines
If an individual is charged with a controlled substance crime and is suffering from addiction, an alternative to incarceration and/or regular probation may be participation in a treatment court. Such example is Drug Court, where the court works closely with prosecutors, public defenders, probation officers, social workers, and other resources within the county, in order to encourage an offender to complete a treatment program and abstain from future drug use.