A conviction for drug possession can seriously disrupt someone’s life. A felony is a mark that may stay with a person long after any fines are paid and prison time is served. If you or a loved one have been charged with drug possession in Minnesota, consider contacting a well-versed drug attorney for help.
A Rochester drug possession lawyer could provide valuable resources as you move through the stages of a case. Your case may be complicated, but our legal team at Kohlmeyer Hagen, Law Office, Chtd. could help you understand the charges and ways to challenge them.
While possession seems simple, it has a special meaning in law. To be convicted of drug possession in Minnesota, the prosecution must prove that the defendant had physical or constructive possession of the drug and knows that substances are drugs.
Physical possession means that the drugs were found on someone’s person, like in a pocket. On the other hand, constructive possession means the drugs were found in a place where the defendant has sole or shared control. For example, even if illegal substances are not discovered in a person’s pocket, they can be charged with constructive possession if drugs are in their glovebox.
A Rochester drug possession attorney could assist someone charged with this crime by helping them understand possession and creating defenses for alleged possession. For example, a lawyer could challenge whether the defendant had physical or constructive possession because of where the drugs were located.
Drug possession crimes are divided into five degrees, with first-degree offenses being the most serious. The degree depends on the amount of illegal substance and how it is scheduled according to Minn. Stat. § 152.02. Like degrees, drug schedules are divided into five levels. Drugs that are highly addictive and have no medicinal value, like heroin, are Schedule I.
Each degree carries jail time and a heavy fine, and a conviction of first-degree drug possession can result in up to 30 years in prison. A person can be convicted of first-degree drug possession if they are found with 50 grams or more of cocaine and methamphetamine. They can also be convicted if found with 25 grams of heroin or fentanyl. The list of these offenses also includes other drugs like hallucinogens and aggravating circumstances like having a gun.
Second-degree drug possession can result in up to 25 years in prison. The same type of drugs and aggravating actions are included in this category, but the amounts are lower. Someone can be convicted of this offense if they are found with 25 grams or more of cocaine and methamphetamine. Six grams of heroin or fentanyl can also result in a conviction.
A conviction of third-degree drug possession can serve up to 20 years in prison. Possession of three grams of heroin, five grams of fentanyl, or 10 grams of a drug that is not heroin or fentanyl within 90 days can cause a conviction.
It is worth noting that while recreational cannabis use is legal for those 21 years or older in Minnesota, a person is allowed only two ounces of cannabis flower in public and two pounds at home. Possession of larger amounts of this substance may result in a conviction. For example, a person can be convicted of first-degree drug possession if they have 50 kilograms or more of cannabis flower.
A knowledgeable Rochester attorney specializing in drug possession laws can explain these charges and fines in further detail, including fourth- and fifth-degree offenses and cannabis laws.
If you have been charged with a drug possession offense in Minnesota, please do not hesitate to contact a Rochester drug possession lawyer. If finances are an issue, we offer a payment plan for criminal cases.
Call today to set up a consultation with one of our attorneys. We have over 50 years of criminal defense experience, and our representation could change the direction of your case.
