Minnesota Felony Drug / Controlled Substance Crime Attorneys

Experienced Defense Against Felony Drug / Controlled Substance Charges

In Minnesota, controlled substance charges are classified into five degrees, based on the severity of the offense:

  • First-Degree: The most serious level, involving large quantities of drugs (e.g., 50+ grams of cocaine or methamphetamine) or sales involving particularly dangerous drugs or to vulnerable individuals (e.g., minors). Convictions can lead to severe penalties, including lengthy prison sentences.

  • Second-Degree: Involves substantial quantities of drugs (e.g., 25-50 grams of cocaine or meth) or the sale of drugs in significant amounts. Penalties are still severe, though slightly less than those for first-degree offenses.

  • Third-Degree: Covers smaller amounts of drug sales (e.g., 10+ grams of cocaine or meth) or possession of more modest quantities. The penalties remain serious, with potential prison time.

  • Fourth-Degree: Involves lesser offenses, such as possession with intent to sell smaller amounts of drugs, or the sale of certain types of controlled substances. Penalties include imprisonment but are less severe compared to higher degrees.

  • Fifth-Degree: In Minnesota, a fifth-degree controlled substance crime involves either the unlawful sale of a Schedule IV controlled substance or the unlawful possession of a controlled substance in Schedules I-IV, excluding certain cannabis products and hemp-derived items. Additionally, it includes obtaining or attempting to obtain a controlled substance through fraud, deceit, or misrepresentation. First-time offenders possessing small amounts of certain controlled substances may face gross misdemeanor charges. However, more serious violations can result in felony charges, carrying penalties of up to five years in prison, fines up to $10,000, or both.

In Minnesota, possession of a firearm in connection with a drug charge significantly elevates the severity of the offense due to Minnesota Statute 609.11, which imposes mandatory minimum prison sentences. Under this statute, if an individual is found to have a gun while committing a drug offense, such as possession or distribution of controlled substances, the court is required to impose a mandatory minimum sentence of three years for a first offense, and five years for any subsequent offenses. This mandatory prison time is applied regardless of the circumstances or the individual's criminal history, underscoring the importance of robust legal representation when facing such charges.

Minnesota Felony Attorneys

Felonies are the most serious charges in the criminal justice system, carrying potential prison ranging from a year-and-a-day to life. A felony conviction also carries an array of collateral consequences that can affect your basic rights, such as your ability to work, vote, and possess firearms.

If you find yourself suspected of or charged with a felony, it is crucial to have the advice and representation of experienced counsel.

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