Facing any type of criminal charge can be a nightmare, but when it is a first-degree one, that can be even more distressing. When the stakes are high, you want to know what this could mean for your future.
What is considered a first-degree drug possession in Minnesota? We will break down what it means, what the potential consequences are, and what options might be available.
What Does First-Degree Drug Possession Mean in Minnesota?
Minnesota has tough drug laws. A first-degree possession is the most serious charge you can face for having drugs in your possession. In these cases, no sale of the drugs is required. The charge is based on the type and amount of the drug found.
This is what qualifies as first-degree drug possession under Minnesota law:
- 50 grams or more of methamphetamine, heroin, or cocaine
- 25 grams or more of methamphetamine, heroin, or cocaine if a firearm is involved
- 500 grams or more of a narcotic drug other than heroin
- 100 grams or more of heroin
- 500 doses or more of hallucinogens, such as lysergic acid diethylamide (LSD)
- 50 kilograms or more of marijuana or 500 or more plants
If you are caught with these amounts, state prosecutors assume it is more than personal use. Even if you never intended to sell the drugs, even having this much can lead to serious legal trouble.
What Are the Consequences?
Since first-degree drug possession is a felony, the penalties are harsh. They include:
- Up to 30 years in prison
- Fines up to $1 million
- Mandatory minimum sentence of four years if you have prior drug convictions
Along with the legal penalties, a conviction can affect job opportunities, housing, and personal relationships.
Additionally, if a gun is involved or the drugs are found near a school, park, or public housing, the consequences become even more serious.
What Should You Do If You’re Facing a First-Degree Drug Charge?
If you or someone you know has been charged with first-degree drug possession in Minnesota, the most important thing is not to panic. However, you cannot ignore it or try to handle it by yourself. These charges will not go away. With this serious quantity of drugs, the state will want to seek a conviction and put you away in prison. The sooner you get legal help, the better your chances of a favorable resolution.
If you are arrested, you need to take a few steps:
Talk to a Lawyer ASAP
Even if you think the case does not look good in your favor, a good attorney can spot defenses you might not have considered. There might be issues with how the evidence was obtained or procedural errors that could result in the charges being dropped.
Don’t Talk to the Police Without Legal Advice
You may want to help and clear your name, but you need to talk to a lawyer before answering questions. Anything you say can be used against you. It’s best to remain silent until you have an attorney.
Gather Any Evidence That Could Help You
If you have texts, emails, or other proof that the drugs were not yours, or if there were witnesses who can support your case, start collecting that information. This could be used as evidence in your case. However, you may want to consult with your attorney before taking any action.
Consider Your Options for Treatment
If addiction is a factor, seeking treatment voluntarily can sometimes help your legal situation. Once again, reach out to your lawyer to learn about your options.
Get Legal Help for Your Criminal Case
A first-degree drug possession charge in Minnesota is serious. However, it is not necessarily the end of the road. There are defenses, alternatives, and legal strategies that can help. The focus should be to act quickly, get the right legal support, and explore all available options.
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.