Drug Possession
Twin Cities Area Possession of a Controlled Substance Lawyer
Possession of a controlled substance is one of the most common drug-related crimes in Minnesota. A person can be charged with this if he or she has control over or power of a substance. For instance, if a person is arrested and officers find an illegal substance in his or her pocket during a search, the charge could apply.
Controlled substances in Minnesota can include a variety of drugs that currently are considered illegal throughout the country. However, some prescription medication and over-the-counter drugs also could be classified as a controlled substance, depending on the circumstances. These charges could have a serious impact on a person’s life. The best way to avoid lifelong consequences is to avoid a conviction.
Apple Valley Drug Possession Defense Attorney
Drug possession charges in Minnesota can be complicated. Often times a person can be charged with this offense, even if the substance does not belong to them. Contact experienced Apple Valley possession of a controlled substance defense lawyer James Blumberg.
James Blumberg has years of experienced as both a prosecutor and an attorney. His extensive legal knowledge on both sides of the law can help you construct a strong defense against the charges. Having an attorney who understands the complexities of the charge and knows how to fight it can be beneficial to your case.
Call (952) 431-7758 to schedule a free consultation today. James Blumberg Law represents clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.
Information About Drug Possession Charges
- Definitions of Possession in Minnesota
- Charges for Possession
- Penalties for Possession of a Controlled Substance
Definitions of Possession in Minnesota
When a person is charged with possession of a controlled substance, the prosecution must prove the drugs or substances were actually in the person’s control in some way. Possession in this sense could be either actual or constructive.
Actual possession is typically what comes to mind when a person thinks of being in possession of something. This means the substance was found on the person, such as in his or her hand or in that person’s pocket.
If a controlled substance was found somewhere near the person, but not on his or her body, law enforcement officers could argue constructive possession. This means the substance was in a place that was in his or her control, such as under the seat of a car in which he or she is driving or operating. This is a broader definition of possession, which sometimes can be harder to prove.
Some of the most common drugs involved in possession charges include:
- Marijuana, weed, pot or cannabis
- Cocaine or blow
- Heroin
- Ecstasy
- Methamphetamine or meth
- OxyContin
- LSD
Charges for Possession
Possession charges can range from fifth-degree drug offenses to first-degree narcotic offenses, according to Chapter 152 of the Minnesota Statutes. For instance, possession of any prescription drugs obtained through false pretenses, fraud, deceit or forgery would be considered a fifth-degree offense. Some other charges could include:
Fourth-degree possession charges:
- Ten or more doses of a hallucinogen
- Any amount of a Schedule I, II or III drug with intent to sell it (excluding marijuana)
Third-degree possession charges:
- Three or more grams of cocaine, heroin or methamphetamine
- Ten grams or more containing a narcotic drug other than cocaine, heroin or methamphetamine
- Fifty of more doses of any narcotic drug
- Any amount of a Schedule I or II narcotic drug in a school, park or housing zone
- Five or more doses of LSD or methamphetamine in a school, park or housing zone
- Ten or more kilos of marijuana
- Any amount of methamphetamine or amphetamine in a school, park or housing zone
Second-degree possession charges:
- Six grams or more of cocaine, heroin or methamphetamine
- Fifty grams or more containing a narcotic drug other than cocaine, heroin or methamphetamine
- Fifty grams or more containing amphetamine, phencyclidine or hallucinogen
- Fifty or more kilos of marijuana or Tetrahydrocannabinols
First-degree possession charges:
- Twenty-five grams or more of cocaine, heroin or methamphetamine
- Five hundred grams or more containing a narcotic drug other than cocaine, heroin or methamphetamine
- Five hundred grams or more containing amphetamine, phencyclidine or hallucinogen
- One hundred or more kilos of marijuana or Tetrahydrocannabinols
Additionally, a person could be charged with possession of drug paraphernalia, which is considered a petty misdemeanor. Drug paraphernalia could include a wide range of things, including pipes, bongs, needles, baggies, scales and household chemicals.
Penalties for Possession of a Controlled Substance
Penalties for possession charges vary based on the degree of the offense. Fifth-degree possession charges carry the least severe penalties, but the jail sentences and fines still could be serious. Some of the penalties associated with possession charges include:
- Fifth-degree: Up to five years in prison, $10,000 in fines or both
- Fourth-degree: Up to 15 years in prison, $100,000 in fines or both
- Third-degree: Up to 20 years in prison, $250,000 in fines or both
- Second-degree: Up to 25 years in prison, $500,000 in fines or both
- First-degree: Up to 30 years in prison, $1 million in fines or both
When a person is convicted of a subsequent possession offense, he or she could face longer prison sentences and more expensive fines. Some of the most severe penalties could include up to 40 years in prison and $1 million in fines.
A possession charge also could lead to being placed on probation or being required to participate in a drug education program specified by the court. If the court determines the person possessed the substance in his or her car, according to Minnesota Statute 152.0271, his or her license could be revoked for 30 days.
James Blumberg Law – A Drug Possession Lawyer in Dakota County
If you have been charged with possession of a controlled substance, it is important you protect your future. Contact Apple Valley drug possession defense attorney James Blumberg at (952) 431-7758. James can help you combat the charges and work with you to get a favorable outcome in your case. Call (952) 431-7758 today to schedule a free initial consultation.