If you’re facing drug possession charges in Minnesota, you might feel scared and unsure about your future. The penalties can be serious, ranging from probation to years in prison. So, how long do you go to jail for drug possession in Minnesota?
That depends on the type and amount of drugs involved, as well as your criminal history. Let’s see what you could face for these charges.
How Drug Possession Charges Work in Minnesota
Minnesota has five degrees of drug crimes. They range from first-degree (the most serious) to fifth-degree (the least serious).
The degree you are charged with depends on the type and quantity of drugs in your possession.
Along with that, the state also classifies drugs into five schedules. For example, Schedule I drugs, like heroin and methamphetamine, are considered the most dangerous. On the other hand, Schedule V includes substances with a lower potential for abuse.
What Are the Penalties for Drug Possession?
The different degrees of drug possession also carry various amounts of jail time. These can include:
First-Degree Possession
This is the most severe drug possession charge. With a conviction, you could face:
- Up to 30 years in prison
- At least 4 years of mandatory prison time for repeat offenses or cases involving aggravating factors.
- Fines of up to $1,000,000
Second-Degree Possession
These charges apply to smaller amounts, but they still lead to serious consequences. A conviction can result in:
- Up to 25 years in prison
- Fines of up to $500,000
Third-Degree Possession
Those charged with this degree of possession can face:
- Up to 20 years in prison
- Fines of up to $250,000
Fourth-Degree Possession
This degree applies to smaller quantities of higher-schedule drugs or substances intended for sale. Some of the penalties include:
- Up to 15 years in prison
- Fines of up to $100,000
Fifth-Degree Possession
This is the least serious drug offense. Many times, this involves smaller amounts of controlled substances or possession of drugs without a prescription.
For first-time offenders, they might be charged with a gross misdemeanor. The penalties include up to 1 year in jail and/or a $3,000 fine.
However, for repeat offenders, it becomes a felony. A conviction can carry a sentence of up to 5 years in prison and/or a $10,000 fine.
Can Aggravating Factors Increase Penalties?
Like most criminal offenses, there are certain factors that can lead to harsher sentences. These can include:
- Possessing these substances near schools, parks, or public housing.
- Having a large quantity or multiple types of drugs in your possession.
- Having a prior drug-related conviction.
- Possessing the substances with intent to sell.
If any of these apply in your case, you could face mandatory minimum sentences and less leniency from the courts.
What Are My Options If I’m Charged?
Minnesota offers alternatives to jail time. However, these usually apply to first-time offenders or those caught with small amounts of drugs. These programs focus on rehabilitation:
- Drug court programs: If you are willing to commit to treatment and counseling, drug court could be an option. Once you complete the program, your charges may be reduced or dismissed.
- Stay of adjudication: The court may allow a stay of adjudication for first-time offenders. You will need to plead guilty, but the conviction does not go on your record as long as you successfully complete probation.
- Probation: Sometimes probation is often granted instead of jail time for low-level offenses. You might need to complete community service, attend drug education classes, or check in with a probation officer.
What Should You Do Next?
If you’re facing drug possession charges, you need to talk to an attorney right away. A lawyer can help you understand your options, negotiate with prosecutors, and potentially get your charges reduced or dismissed. They can also help you explore alternative programs like drug court or probation.
At 29th and Law PC, we can assist with your drug possession case. Our experienced criminal defense attorneys can guide you through the process. Please contact us or call (218) 770-9764.