Minnesota’s drug-related charges are categorized by degrees, with 5th-degree possession being one of the least severe but still a significant charge.
Under Minn. Stat. § 152.025, 5th-degree possession refers to the unlawful possession of a controlled substance. 5th-degree possession includes possession of any amount of a Schedule I, II, III, or IV controlled substance, except for a small amount of marijuana or possession of more than 1.4 grams of marijuana in a motor vehicle. A skilled criminal defense attorney can assist you with the legal process.
The prosecution must prove the defendant knowingly possessed a controlled substance through actual possession or constructive possession. Actual possession means law enforcement found the drugs on the person, and constructive possession means the drugs were located in a place the offender had control over.
Controlled Substances and Schedules
Minnesota and the federal government classify drugs into schedules based on their potential for abuse, medical use, and safety. Schedule I drugs include heroin, LSD, and ecstasy. They have no accepted medical use and a high potential for abuse. Schedule II drugs include methamphetamine, cocaine, and oxycodone because they have limited medical use but are still highly addictive. Schedule III-IV drugs may include anabolic steroids and Xanax. The schedule of the drug can impact the severity of the charge.
Penalties for 5th Degree Possession
The penalties for 5th-degree possession in Minnesota vary depending on whether the charge is classified as a felony or a gross misdemeanor. Factors such as prior convictions and the amount and type of drug involved can influence the classification and punishment.
- Felony Possession – A felony charge typically applies to cases involving possession of a Schedule I, II, III, or IV controlled substance, excluding marijuana. Penalties may include up to five years in prison and fines of up to $10,000.
- Gross Misdemeanor – First-time offenders possessing a small quantity of drugs may have the charge reduced to a gross misdemeanor. Penalties include up to one year in jail and fines of up to $3,000.
First-time offenders may qualify for a diversion program or conditional discharge. Diversion programs allow first-time offenders to pay their debt to society without the stigma of having the charge follow them around for the rest of their lives. The charges may be dismissed if the offender completes drug treatment and community service. A conviction for 5th-degree possession can have lasting implications beyond the immediate penalties. These may include:
- Criminal Record
- Driver’s License Suspension
- Impact on Immigration Status
Steps to Take If Charged with 5th-Degree Possession
If charged with 5th-degree possession in Minnesota, you should take steps to protect your rights. Potential defendants should seek legal counsel immediately to understand their rights and options. A skilled attorney can build a strong defense if they review the specific facts of your case. The attorney may argue that the police engaged in an unlawful search or that you lacked knowledge of the drugs. You should also avoid saying anything to police officers because it may be used against you in court.
5th-degree possession in Minnesota is a serious charge that can lead to significant penalties and long-term consequences. Consult an experienced Minnesota criminal defense attorney to achieve the best possible outcome if you or someone you know is facing such charges.Remember, you have options and should not go through a criminal charge alone. It’s crucial to consult an experienced criminal defense attorney who can guide you through the process. Please contact us or call (218) 770-9764.