Fifth Degree Drug Possession Crime in Minnesota

woman rolling marijuana

Minnesota Drug Crimes Lawyer 

If you are charged with a drug crime in Minnesota, it is important that you know everything that you can about your charge and hire a criminal defense attorney before talking to the police.

What is a fifth-degree drug possession charge?

A fifth-degree drug possession can be considered a gross misdemeanor or a felony, depending on several factors.

Drug Crime Sales in Minnesota 5th Degree

You can be convicted of controlled substance drug crime sales in the fifth degree when the state alleges you unlawfully sold one or more mixtures containing marijuana or tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or you unlawfully sold or provided someone one or more mixtures containing a controlled substance or a simulated controlled substance. Larger amounts of drugs can lead to more serious charges than sales crimes in the 5th Degree.

Drug Crime Possession in Minnesota 5th Degree

A person is guilty of controlled substance crime in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:

  • the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
  • the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means: fraud, deceit, misrepresentation, or subterfuge; using a false name or giving false credit; or falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
  • Possession of larger amounts will lead to more serious charges veing filed than 5th degree drug possession charges.

In order to be considered a gross misdemeanor, one of the following must apply:

  • If you are caught with heroin, you need to have less than 0.05 grams of it.
  • With certain other drugs, you have less than a quarter of a gram.

In order to be considered a felony, one of the following must apply:

  • If you are caught with more than forty-two and a half grams of marijuana.
  • If you have a quarter of a gram or more of another illegal substances. This doesn’t include heroin, though hash and THC edibles count.
  • For heroin, you only need 0.05 grams of it if you have already been convicted of a drug crime previously.
  • If you are attempting to get illegal substances using deceit, you could be using a fake name, or you have stolen prescription pads in order to get drugs.

What are the consequences?

If you are convicted of a gross misdemeanor, you can be sentenced up to one year in jail.

If you are convicted of a felony 5th degree sale or possession, you could spend up to five years in prison. Your fines could reach up to ten thousand dollars.

If you are convicted of either a gross misdemeanor or a felony, you may have to forfeit any property that you used to commit your crime. This means that you could lose your car, cash, and other types of property.

Though most people only think about jail time and fines, the truth is that there are many long-term consequences that you need to think about. If convicted of a drug crime, you are going to have to tell people that you are a convicted criminal. This may make it hard for you to find a job.

You may also struggle to find a place to live. This is true if you are renting an apartment. They can turn you away because you are a convicted criminal. Getting financial aid is also going to be hard so you may not be able to buy a home.

If you are convicted as a felon, you won’t be able to have a firearm. You also won’t be able to vote unless your rights are restored.

What are some possible defenses against a fifth-degree drug possession charge?

When you are accused of a fifth-degree drug possession charge, you need to hire an experienced criminal defense lawyer to help you come up with a good defense.

Here are some common ones that you might want to consider using for your trial.

Not enough evidence.

The state needs to establish your guilt beyond a reasonable doubt the highest standard in our legal system.  If the state can not meet this burden you will be found not guilty.

Constitutional right violation.

Even if there is enough evidence to convict you the evidence may not be admissable on the basis  your constitutional rights were violated when the it was gathered.

Not involved.

Many drug charges are a case of being in the wrong place at the wrong time. You might have just been in the vicinity of the drugs, without any plan to participate.  You must have excercised exclusive dominion and control over the drugs to be found guilty.

You Need A Lawyer To Fight The Charges

You need a lawyer to help you through this difficult time. Don’t hesitate to contact us today at (612) 338-5545. We will discuss your options so that we can come up with a plan that works for you. We will fight for you so that one mistake doesn’t change your whole life.

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