In Minnesota, possession of fentanyl is illegal and carries severe criminal penalties due to the substance’s high potential for abuse and the dangers it poses. Under Minnesota Statutes Section 152.021, the possession, sale, or trafficking of controlled substances like fentanyl is tightly regulated. Minnesota law classifies fentanyl as a Schedule II controlled substance, which means it has a high potential for abuse and can lead to severe physical or psychological dependence. Possession laws are designed to curb illegal drug use and prevent the distribution of dangerous opioids, including fentanyl.
The statute applies to a variety of situations, such as possessing fentanyl for personal use, transporting it, or being found with a small amount in a vehicle or home. The law is strict, and penalties can vary significantly based on the amount of fentanyl found in possession, prior criminal history, and whether there is evidence of intent to distribute.
Apple Valley Criminal Defense Lawyer
James Blumberg is a qualified criminal defense attorney who focuses on defending clients against drug charges. With extensive experience in Minnesota, Blumberg will fight vigorously to protect your rights and seek the best possible outcome in your case.
For a consultation to discuss your case and legal options, call us today at (952) 431-7758. The initial consultation is free, so don’t hesitate to reach out.
Information Center for Possession of Fentanyl
What is Possession of Fentanyl?
In Minnesota, possession of fentanyl is a criminal offense under Minnesota Statutes Section 152.021. The law prohibits any person from knowingly possessing fentanyl without a valid prescription. Possession can include situations such as having fentanyl in your pocket, home, or vehicle. Here are some examples:
Small Amounts for Personal Use
- Scenario: A 28-year-old is stopped by police for a traffic violation, and during a search of the car, officers find a small bag containing fentanyl. Even if the person claims it is for personal use, they can still face felony possession charges.
Larger Quantities or Intent to Distribute
- Scenario: A 35-year-old is found with multiple small packages of fentanyl during a raid on their residence. Because the amount is substantial, law enforcement may charge them with possession with intent to distribute, which carries more severe penalties.
Prescription Violation
- Scenario: A person has a prescription for a fentanyl patch but is found with loose fentanyl powder that is not part of their prescribed medication. This can result in criminal charges, as the substance is not being used according to the prescription.
Overdose Situations
- Scenario: A 22-year-old overdoses on fentanyl at a friend’s apartment, and police find leftover fentanyl during their response. The friend could be charged with possession if the drugs are found in shared spaces or if they are believed to have supplied the fentanyl.
Penalties
The penalties for possession of fentanyl in Minnesota are severe and depend on factors like the amount possessed and whether there is evidence of intent to distribute:
5th Degree Controlled Substance Crime (Generally applies to less than 0.25 grams of fentanyl.):
- Up to 5 years in prison and
- a $10,000 fine.
1st Degree Controlled Substance Crime (possession of more than 10 grams of fentanyl):
- Up to 40 years in prison and
- a $1,000,000 fine.
Defenses
Several defenses may be raised to contest charges of fentanyl possession under Minnesota law, depending on the specifics of the case. Some common defenses include:
Unlawful Search and Seizure:
- If law enforcement obtained evidence of fentanyl possession through an illegal search, the evidence may be suppressed. For instance, if police did not have a valid search warrant or probable cause, this could be a viable defense.
Lack of Knowledge:
- A defendant may argue that they did not know the fentanyl was in their possession. This might apply in situations where a controlled substance is found in a shared vehicle or residence.
Valid Prescription:
- If the defendant has a legitimate prescription for fentanyl, they may present this as a defense. However, it must be shown that the fentanyl was possessed and used as prescribed.
Additional Resources:
- Minnesota Statutes Section 152.021: Outlines the laws regarding controlled substances, including fentanyl.
- Minnesota Drug Overdose Response: Information on how Minnesota law enforcement and health services address opioid use and what you can do to help prevent it.
Contact a Minnesota Criminal Defense Lawyer
If you have been charged with possession of fentanyl, you do not need to face the legal system alone. Contact Dakota County criminal defense attorney James Blumberg at (952) 431-7758 to begin building a strong defense. Your future is important, and James Blumberg can use his expertise in Minnesota drug laws to help you.
James Blumberg Law serves clients throughout Sibley County, Scott County, Rice County, Carver County, Dodge County, Olmsted County, and Steele County.