What if I’m Charged with 1st Degree Felony Drug Possession or Sale in Minnesota?
While drug crimes have seen some reform in recent years, Minnesota continues to investigate, arrest and charge people for drugs in St. Paul and across the state. Further, once those charges come, the ramifications may include felony convictions, substantial prison sentences and even huge fines. This is especially true for 1st degree drug possession or sale cases. If you are facing drug charges or the police simply want to talk to you, contact an experienced Minnesota criminal defense attorney immediately.
The factors that Minnesota uses to determine controlled substances and drug charges includes:
Type of Drugs based upon Schedule
Quantity of Drugs
Whether it is Drug Sale or simply possession
Minnesota divides controlled substances into 5 levels or schedules:
Schedule 1
These are considered the most dangerous drugs that have no medical value and the highest probability for addiction and abuse
Examples include heroin, fentanyl and methamphetamine
Schedule 2
These are considered slightly less dangerous than Schedule 1 drugs but still have a high potential for addiction and abuse
Examples include oxycontin, cocaine
Schedule 3
These are considered slightly less dangerous than Schedule 2 drugs but still have a potential for addiction and abuse
Examples include steroids and ketamine
Schedule 4
These are considered less dangerous than Schedule 3 drugs with a low potential for addiction and abuse
Examples include diazepam and midazolam
Schedule 5
These are the least dangerous compared to previous Scheduled drugs and are frequently limited to small amounts as part of a larger mixture
Minnesota continues to focus on certain controlled substances including:
Fentanyl
Heroin
Cocaine and Methamphetamine
Marijuana, Delta 9
Opiates
Oxycontin
Misuse or possession of prescription drugs.
The range of potential charges include:
The remainder of this article will focus on 1st degree possession. If you are facing drug charges in Minnesota, it is critical to sit down with an experienced criminal defense attorney. These investigations are complicated and multi-faceted. This may be even more true if you haven’t been charged but the police simply want to talk. This is called pre-charge representation.
First Degree Drug Possession
First degree possession or sale cases are both felonies and are the most serious charges anybody can face in a Minnesota courtroom and they also come with presumptive prison commits. For possession, it is more about the type of drug and amounts. However, once you are at the First Degree charge, this is a question of sales. In addition, at this point, the police have usually spent enormous amounts of time and maybe worked with other jurisdictions as part of the investigation. These are frequently calculated arrests that involve search warrants, wire taps and so-called confidential reliable informants (CRIs). The police take a long time on these and a usually very invested by the time of an arrest.
Possession
Possession of any of the following may be sufficient to constitute a fourth degree drug possession charge:
Cocaine, methamphetamine - 50 g or more, 25 grams or more and possess a firearm
Heroin - 25 grams of more
Amphetamine, PCP, hallucinogen - 500 grams or 500 doses or more
Other narcotics - 500 g or more
Marijuana or THC - 50 kilos or more or 500 plants or more
Sales Crimes
Sales crimes of any of the following may be sufficient to constitute a fourth degree charge:
Cocaine, methamphetamine - 17 grams or more, 10 grams or more and firearm; Any amount if in a school zone, park zone, public housing zone or drug treatment facility.
Heroin - 10 grams or more
Other narcotics - 500 grams or more
Amphetamine, PCP, hallucinogen - 50 grams or more or 200 doses or more
Marijuana or THC - 100 kilos or more
Penalties
Penalties for a first degree drug possession or sale charge can be complicated. There are multiple issues to consider However, these may include
A Felony Conviction; and
Up to 40 years in prison; and
Up to a $1,000,000 fine.
Drug charges can be brutal for even first time offenses. Even if you can avoid some of the harsher possibilities, drug convictions can have a terrible impact on your life. Trying to get or keep a job? Going to school to make something of yourself? Are you a professional who has spent years getting to the position that you are in? Do you possess a professional license that could be at risk? The ramifications for drug charges in Minnesota go on and on and on.
St. Paul based Drug Lawyer Jack Rice has been fighting these kinds of allegations in Minnesota for decades and has an award winning track record. Don’t just put your representation into anybody’s hands. Go with the best. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.