There are five types of felonies that apply to drug offenses in the state of Minnesota. County, state and federal lawmakers refer to narcotics possession by degree, with first being the most serious and fifth being the least serious of all these offenses. The penalties gradually increase depending on what type of crime a defendant is convicted of.
Fifth degree drug offenses
An individual who possesses any Schedule I, II, III or IV drug or marijuana in excess of 42.5 grams may be charged with a fifth degree felony. If convicted of such a crime, a defendant may face up to five years in prison and be ordered to pay $10,000 in fines.
Fourth degree drug offenses
Those who are arrested for possessing more than 10 doses of a hallucinogen or any Schedule I, II or III drug may be charged with a fourth degree felony. If convicted, a defendant may face up to 15 years in prison and $100,000 in fines.
Third degree drug offenses
An individual who possesses three of more grams of heroin, 10 or more kilos of marijuana or 10 or more grams of another narcotic has the potential of being arrested for a third degree felony. A defendant who possesses at least five doses of a Schedule I or II narcotic in a drug treatment center, park, school or public housing zone may also be charged with this crime. A conviction can result in 20 years in jail or $250,000 in fines.
Second degree drug offenses
Anyone who possesses at least 100 or more doses of a hallucinogen, six grams of heroin, 25 grams of methamphetamine or cocaine, 25 kilos or more of marijuana or 100 related plants may be charged with a second degree felony. A defendant convicted of this offense may face 25 years in prison and $500,000 in fines.
First degree drug offense
Any individual found to have been in possession of at least 25 grams of heroin, 50 grams of methamphetamine or cocaine, or 50 kilos of marijuana or 500 related plants can be charged with a first degree felony. If convicted, the defendant may face 30 years in prison and $1 million in fines.
Prosecutors tap into all of their resources in an effort to get a conviction in a drug-related criminal cases. When your freedom and finances are at risk, an experienced Minneapolis drug charges attorney can advise you of your rights.