Serving Minneapolis, Saint Paul and all of Minnesota.
Drug Crime Frequently Asked Questions (FAQs)
What types of drug crimes are there in Minnesota?
The State of Minnesota charges differently for possession versus sale. The latter usually carries stiffer penalties. Minnesota also charges differently for different classes of drugs. For example, possession of a small amount of marijuana is only a petty misdemeanor, punishable by only a fine and some drug education courses, whereas possession of cocaine is a felony, punishable by imprisonment and a large fine.
When should I call an attorney?
As soon as possible after an arrest, or if you think you are being invested for any type of drug crime, contact the attorneys at Gaskins Bennett Birrell Schupp LLP immediately so we can begin learning the facts about your case.
Are all drug crimes in Minnesota considered felonies?
No. Drug crimes in Minnesota are broken into three categories, felony, gross misdemeanor, and misdemeanor, defined as:
Felony: a crime punishable by a sentence of imprisonment of more than one year, fines can exceed $50,000
Gross Misdemeanor: more than a misdemeanor, but less than a felony, maximum penalty is less than a year in jail, a fine up to $3,000, or both
Misdemeanor: sentence of not more than 90 days imprisonment, a fine up to $1,000, or both
Very small amounts of marijuana (less than 1.5 ounces, or 42.5 grams) will usually be charged as a petty misdemeanor, unless it is a subsequent conviction.
What can happen to me if I am charged with a drug crime?
There are many factors involved in your personal situation to determine what exactly will happen to you if you are charged with a drug crime, but some of the possible punishments for drug-related crimes in Minnesota are:
- Court restrictions on behavior, associations, and conduct
- Court-ordered drug testing
- Compelled drug treatment
- Property forfeiture, such as vehicle
- Loss of driver license
What do the “degrees” of drug crimes mean?
The State of Minnesota classifies controlled substance crimes into five categories, or degrees, first through fifth.
First Degree is the harshest. It deals with the most total weight of controlled substances, and results in the longest prison terms and highest fines. Second, Third and Fourth degree crimes mostly concern the same drugs as First Degree, but in lesser amounts; however, they can still result in long prison terms and hefty fines.
Fifth Degree is the least severe. It deals with the least amount of controlled substance. Nevertheless, Fifth Degree can still result in up to 5 years in prision and a $10,000 fine.
What do I do now?
If you have been charged with a controlled substance crime in any degree, for possession, sale, or manufacturing of any type of drug in Minnesota, it is important that you contact the attorneys at G|B|B|S as soon as possible to discuss your case and the options available for you at this time.