What If I’m Charged with 5th Degree Gross Misdemeanor Drug Possession 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 conviction, substantial prison sentences and even huge fines. However, under very rare circumstances, some possession cases can avoid felony charges and be charged as gross misdemeanors. 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 Drug based upon Schedule
Quantity of Drug
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 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:
This article will focus on 5th degree Gross Misdemeanor possession. If you are facing drug charges in Minnesota, it is critical to sit down with an experienced criminal defense attorney. 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.
Fifth Degree Gross Misdemeanor Drug Possession
Most drug possession and sale charges in Minnesota are all felonies. Some come with mandatory prison commits, jail time, huge fines, probation, are more. However, there are a few charges involving controlled substances that can avoid felony charges and convictions. These are generally charged as gross misdemeanors. That being said, the ramifications of a criminal conviction cannot be overstated. While it may seem less serious than the felony charges, and is, the impact upon your life may be brutal. As a result, it is critical totally to an experienced criminal defense attorney about what this means.
Possession
So long as this is your first drug charge, possession of any of the following may be sufficient to constitute a fifth degree gross misdemeanor drug possession charge:
Possession of 42.5 grams or more of marijuana or THC;
Possession of less than .25 grams of cocaine, crack, methamphetamine, or related drugs;
Possession of less than .05 grams of heroin or related drugs.
Greater quantities of drugs other than marijuana will be charged as felonies.
Penalties
Penalties for a fifth degree gross misdemeanor drug possession, excluding certain exceptions, charge includes
A Gross Misdemeanor Conviction; and
Up to 1 year in prison; and
Up to a $3,000 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.